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HomeMy WebLinkAboutCouncil Packet - 10/16/2023CITY OF &J�64TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA Regular Session TO BE HELD AT Harold E. Getty Council Chambers Monday, October 16, 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 the Crossroads Mall area into a sports/recreation-themed gravitational center. 6. Power Up Downtown: Keep Waterloo's core downtown evolving to meet the needs of future generations, 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 521 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, Mayor Quentin Hart. Approval of Agenda, as proposed or amended. Approval of Minutes of October 2, 2023, Regular Session as proposed or amended. Page 2 of 521 Proclamation declaring October 18, 2023 as Domestic Violence Awareness Month. Proclamation declaring Friends of the Library Week as October 15-21, 2023. Proclamation declaring October 21, 2023 as Thriving Together 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 Inona Fairchild for a waiver for a concrete driveway, located at 2558 Indendence Avenue, with the elimination of the sidewalk section due to inability to meet grade requirements. 3. Resolution approving the request by Colby Krieps, for tax exemptions on the construction of a new single-family home valued at $574,900.00, for property located at 122 Sunbird Court and located in the City Limits Urban Revitalization Area (CLURA). 4. Resolution setting date of public hearing as November 6, 2023 on the proposed reallocation of not to exceed $300,000 Unspent Proceeds of the General Obligation Bonds, Series 2022B, and instruct the City Clerk to publish notice. 5. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 9, 2023, and date of public hearing as November 20, 2023, in conjunction with the Waterloo Center for the Arts Chiller Replacement, and instruct the City Clerk to publish said notice. 6. Resolution setting the date of public hearing as November 6, 2023, on the request by the City of Waterloo to vacate approximately 1.43 acres of excess right-of-way along the south side of West San Marnan Drive between Bankers Boulevard and Hurst Drive, and instruct the City Clerk to publish notice. 7. Resolution setting date of public hearing as November 6, 2023, on the request by IPE1031REV279, LLC, (Cardinal Construction) to rezone approximately 2.48 acres from "C-P" Planned Commercial District, "B-P" Business Park District, and "R-4,R-P" Planned Residence District to "C-P" Planned Commercial District located at 945 Tower Park Drive, and instruct the City Clerk to publish notice. Page 3 of 521 8. Resolution setting date of public hearing as November 6, 2023, for the sale and conveyance of city -owned property to M&MB Legacy, LLC, in the amount of $1.00, with a Phased Development and Minimum Assessment Agreement in the amount of $265,000.00, for the construction of a 5,000 square foot industrial and a 4,000 square foot future expansion, located south of 2330 GT Drive, and instruct the City Clerk to publish notice. 9. Motion approving Final Quantity Summary with Lodge Construction, Inc., of Clarksville, Iowa, for a net increase of $58,041.10, in conjunction with the FY 2021 Westdale Bioswale, Contract No. 997, and authorizing the Mayor and City Clerk to execute said document. 10. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $444,700.10, in conjunction with the FY 2021 Westdale Bioswale, Contract No. 997, and receive and file a two-year maintenance bond. 11. Motion approving Final Quantity Summary with Arends Excavating, of Waterloo, Iowa, for a decrease of $215.00, in conjunction with the FY 2021 Leversee Road Lift Station, Contract No. 983, and authorizing the Mayor and City Clerk to execute said document. 12. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Arends Excavating, of Waterloo, Iowa, in the amount of $583,757.02, in conjunction with the FY 2021 Leversee Road Lift Station, Contract No. 983, and receive and file a two-year maintenance bond. 13. Resolution approving cancellation of assessments for properties listed on Exhibit A, and authorizing the City Clerk to notify the Black Hawk County Treasurer of said cancellation. 14. Resolution providing support for the Waterloo Regional Airport five -Year and Long Range Needs Analysis for the Waterloo Regional Airport's Capital Improvement Program, for FY 2024 thru FY 2033, as supported by the Waterloo Airport Board, and instruct the staff to submit to the Federal Aviation Administration. 15. Resolution approving a Hotel/Motel Mini -Grant application to the Waterloo Convention and Visitors Bureau in an amount of $3,000.00, to fund the ABATE Iowa STEAM event. 16. Motion approving the Annual Financial Report for City Streets, for the fiscal year ended June 30, 2023, and authorizing transmittal to the Iowa Department of Transportation. 17. Communication from the Fire Department on the notice of the conclusion of employment of Onazi Agbese, Paramedic, effective August 26, 2023, with recommendation of approval of payout of $2,760.80 for unused benefits. 18. Communication from the Engineering Department on the notice of the conclusion of employment of Danielle DeNeui, Storm Water Specialist, effective September 29, 2023, with recommendation of approval of payout of $907.40 for unused benefits. 19. Communication from the Code Enforcement Department on the notice of the conclusion of employment of Susan Moody, Code Enforcement Officer, effective October 6, 2023, with recommendation of approval of payout of $5,066.38 for unused benefits. Page 4 of 521 20. Board of Adjustment Regular Meeting minutes of August 22, 2023. 21. Community Development Board minutes of July 2023 22. Historic Preservation Commission minutes of August 15, 2023. 23. Waterloo Housing Authority Board minutes of September 18, 2023. 24. Darrell Caldwell Sr. Board/Commission: General Contractor Board Expiration Date: October 16, 2026 (New) 25. Liquor Licenses a. Eventos VIP, 32 Lafeyette St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 10/4/2024. b. M&J Caribbean Restaurant, 926 LaPorte Rd., Class C Alcohol w/Sunday Sales (New) Exp: 9/7/2024. c. Mersim's, 126 E. Ridgeway Ave., Class C Alcohol w/Outside Service and Sunday Sales (New) Exp: 9/7/2024. d. Carpenter's Diner, 518 Jefferson St., Class C Alcohol w/Sunday Sales (New) Exp: 10/31/2024. e. The Next Level, 229 E. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (New) Exp: 9/30/2024. f. Express Mart, 2027 Falls Ave., Class E Alcohol w/Sunday Sales (New) Exp: 6/11/2024. g. Fareway #951, 40 W. San Marnan Dr., Class E Alcohol w/Sunday Sales (Renewal) Exp: 11/15/2024. h. Hy-Vee Fast 7 Fresh #1, 3700 University Ave., Class B Alcohol w/Sunday Sales (New) Exp: 11 /1 /2024. i. Hy-Vee Wine and Spirits #1, 2126 Kimball Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 11/14/2024. j. Jameson's Public House, 310 E. 4th St., Class C Alcohol w/Outdoor Service, Caterina and Sunday Sales (Renewal) Exp: 11/2/2024. k. Kwik Star #1004, 111 E. Donald St., Class B Alcohol w/Sunda Sales (Renewal) Exp: 10/14/2024. I. Longhorn Steakhouse #5374, 1425 E. San Marnan Dr., Class C Alcohol w/Sunday Sales (Renewal) Exp: 8/31/2024. 26. Bonds. PUBLIC HEARINGS 1. Sale and conveyance of city -owned property 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 a new 6,500 square foot building and a future 6,000 square foot addition, located northeast of 3151 Titan Trail. 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. Resolution approving the sale and conveyance of city -owned property, located northeast Page 5 of 521 of 3151 Titan Trail, to A&K Ventures, LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents, and rescinding Resolution No. 2023- 474. Resolution approving a Development Agreement and Minimum Assessment Agreement with A&K Ventures, LLC, for the construction of a new 6,500 square foot building and a future 6,000 square foot expansion, with a minimum assessed value of $624,125.00 for Phase I, and authorizing the Mayor and City Clerk to execute said document, and rescinding Resolution No. 2023-475. Submitted by: Noel Anderson, Community Planning and Development Director 2. Sale and conveyance of city -owned property located at 3921 Midway Drive, in the amount of $15,000.00, to Dustin Arends d/b/a Arends Investments, including a Development Agreement. 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 3921 Midway Drive, in the amount of $15,000.00, to Dustin Arends d/b/a Arends Investments, and authorizing the Mayor and City Clerk to execute said documents, and rescinding Resolution No. 2023-565. Resolution approving a Development Agreement with Dustin Arends d/b/a Arends Investments, in conjunction with the demolition of the existing home at 3921 Midway Drive and construction of a duplex on the property, and authorizing the Mayor and City Clerk to execute said document, and rescinding Resolution No. 2023-566. Submitted by: Noel Anderson, Community Planning and Development Director 3. 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 eighty percent for years one through five and seventy percent for years six through ten, located at 2775 Crossroads Boulevard, for the construction of a new 10,000 square foot commercial building. 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 2775 Crossroads Boulevard to Grant Park, LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents, and rescinding Resolution No. 2023- 514. Resolution approving a Development Agreement and Minimum Assessment Agreement with Grant Park, LLC, for the construction of a new 10,000 square foot commercial building, with a minimum assessed value of $2,200,000.00, and authorizing the Mayor and City Clerk to execute said document, and rescinding Resolution No. 2023-515. Submitted by: Noel Anderson, Community Planning and Development Director 4. Asbestos Abatement Services, Contract No. AB-2023-07-02P, for property located at 212 Sunnyside Avenue and 1318 Martin Road. Motion to receive and file proof of publication of notice of public hearing. Page 6 of 521 HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution affirming prior approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read bids. Resolution affirming prior award of contract to Site Services, Inc., of Algona, Iowa, in the amount of $8,560.00, in conjunction with Asbestos Abatement Services, Contract No. AB-2023-07-02P, for properties located at 212 Sunnyside Avenue and 1318 Martin Road, and affirming prior authorization of Mayor and City Clerk to execute said document. Motion to approve Change Order No. 1 with Site Services, Inc., of Algona, Iowa, for a net increase of $1,125.00, in conjunction with additional asbestos abatement work for property located at 212 Sunnyside Avenue under Contract No. AB-2023-07-02P, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 5. 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 rescinding Ordinance No. 5711. 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 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 rescinding Ordinance No. 5711. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 6. Waterloo Public Library 2023 Interior Renovations Project, Contract No. 28439. 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 affirming prior approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file, and instruct the City Clerk to read bids. Resolution affirming prior award of contract to Woodruff Construction of Waterloo, Iowa, base bid amount of $289,700.00 with Alternate 2 deducted in the amount of $25,000.00 for a total award of bid in the amount of $264,700.00, approving the contract, bonds, and certificate of insurance, in conjunction with the Waterloo Public Library 2023 Interior Renovations Project, Contract No. 28439, and affirming prior authorization of Mayor and City Clerk to execute said document. Submitted by: David Eckert, Library Director Page 7 of 521 7. FY 2022 ICAIF Airline Passenger Terminal Building - Parking Lot Canopy Project. 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, etc., and authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids, and refer to the Director of Aviation for further review. Submitted by: Keith Kaspari, Director of Aviation 8. Request by the City of Waterloo to vacate a ten -foot by seventy -five-foot Sanitary Sewer Easement at Becker Elementary School in the "R-2" One and Two Family Residence District, located at 1239 Sheldon Street. 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 recommendations of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate a ten -foot by seventy -five-foot Sanitary Sewer Easement at Becker Elementary School in the "R-2" One and Two Family Residence District, located at 1239 Sheldon 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 9. Request by the City of Waterloo for the vacate, sale and conveyance of Linbud Lane right-of-way for $1.00 to the Waterloo Community Schoos, in the "R-3" Multiple Residence District located east of 1239 Sheldon Street at Becker Elementary School. 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 recommendations of approval of the Planning, Programming, and Zoning Commission. Motion to receive, file consider, and pass for the first time an ordinance approving a request by the City of Waterloo to vacate Linbud Lane right-of-way, located east of 1239 Sheldon Street at Becker Elementary School, subject to the retention of a public utility easement over, under, upon, and across said entire parcel. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Resolution authorizing the sale and conveyance of Linbud Lane right-of-way, located east of 1239 Sheldon Street at Becker Elementary School, to the Waterloo Community Schools, in the amount of $1.00, subject to the retention of a public utility easement over, under, upon, and across said entire parcel and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 10. Request by the City of Waterloo to vacate an eight -foot drainage and utility Page 8 of 521 easement on a parcel of land and vacate 7,150 square feet of city -owned right-of- way in the "R-2" One and Two Family Residence District, located at the northwest corner of Maynard Avenue and Greenhill Road. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate an eight -foot drainage and utility easement on a parcel of land and vacate 7,150 square feet of city -owned right-of-way in the "R-2" One and Two Family Residence District, located at the northwest corner of Maynard Avenue and Greenhill Road, subject to the retention of an easement for drainage and public utilities on the North 8 feet of Lot 15 of Hickory Court Addition, and subject to the retention of an easement for access and maintenance of the sound wall on the North 25 feet of Lot 15 of Hickory Court Addition. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 11. Request by DLG Investments (Gray Transportation) for a Site Plan Amendment for an employee parking lot in the "M-2,P" Planned Industrial District located east of 2459 GT Drive. 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 DLG Investments (Gray Transportation) for a Site Plan Amendment for an employee parking lot in the "M-2,P" Planned Industrial District located east of 2459 GT 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 12. Sale and conveyance of city -owned property to DLG Investments, LLC, (Gray Transportation), in the amount of $1.00, with a Development and Minimum Assessment Agreement in the amount of $125,000.00, for the construction of a forty stall employee parking lot, located east of 2459 GT Drive. 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 east of 2459 GT Drive, to DLG Investments, LLC, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development and Minimum Assessment Agreement with DLG Investments, LLC, for the construction of a forty -stall employee parking lot, located east of 2459 GT Drive, and authorizing the Mayor and City Clerk to execute said document. Page 9 of 521 Submitted by: Noel Anderson, Community Planning and Development Director 13. Request by SKH Properties for a Site Plan Amendment to construct a 4,350 square foot medical office building in the "C-P" Planned Commercial District, located southeast of 4006 Johnathan Street at the corner of Tower Park Drive and Johnathan 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 SKH Properties for a Site Plan Amendment to construct a 4,350 square foot medical office building in the "C-P" Planned Commercial District, located southeast of 4006 Johnathan Street at the corner of Tower Park Drive and Johnathan Street, subject to a condition that sidewalk be constructed along Tower Park Drive east of Winn Street to Jonathan Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 14. Sale and conveyance of approximately sixty acres of city -owned property to PWM Companies, LLC, in the amount of approximately $2,160,000.00, including a Development Agreement, with a grant schedule of a minimum of $40,000.00 annually, located east of 4342 Ansborough Avenue at the southeast corner of the Ansborough Avenue and Highway 20 Interchange, for the construction of commercial buildings. 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 approximately sixty acres of city - owned property located east of 4342 Ansborough Avenue at the southeast corner of the Ansborough Avenue and Highway 20 Interchange, to PWM Companies, LLC, in the amount of $36,000.00 per acre, approximately $2,160,000.00, for the construction of commercial buildings, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with PWM Companies, LLC, for the construction of two new 138,000 square foot buildings, with a grant schedule of a minimum of $40,000.00 annually, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 15. Sale and conveyance of city -owned property to Steven and Yvonne Smith, in the amount of $5,000.00, with a Development Agreement and Development Grant of $5,000.00, located south of 437 Norris Court, for the construction of a new single- family home. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Page 10 of 521 Motion to close hearing and receive and file oral and written comments. Resolution approving the sale and conveyance of city -owned property, located south of 437 Norris Court, to Steven and Yvonne Smith, in the amount of $5,000.00, and authorizing the Mayor and City Clerk to execute said documents, subject to the retention of an easement for drainage and public utilities on the North eight feet of Lot 15 of Hickory Court Addition, and subject to the retention of an easement for access and maintenance of the sound wall on the North twenty-five feet of Lot 15 of Hickory Court Addition. Resolution approving a Development Agreement including a Development Grant in the amount of $5,000.00 with Steven and Yvonne Smith, for the construction of a new single-family home, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director RESOLUTIONS 1. Resolution approving the request by VI2, LLC, for an Encroachment Agreement for a portion of West San Marnan Drive right-of-way located in the "C-1, C-Z" Conditional Zoning District to allow for the installation of a parking lot south of 1039 Peoples Square, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 11 of 521 October 2, 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, October 2, 2023. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton -Smith, Mr. Chiles, Mr. Grieder, Ms. Wilder and Mr. Feuss. Prayer or Moment of Silence. Pledge of Allegiance, Jonathan Grieder, Ward 2 Council Member. Approval of Agenda, as proposed or amended. Feuss/Wilder that the agenda, as amended to change the date of hearing in Consent Agenda Items No. 13 and 15, to October 16, 2023, be approved. Voice vote -Ayes: Seven. Motion carried. Approval of Minutes of September 18, 2023, Council Regular Session as proposed or amended. Feuss/Wilder that the minutes for September 18, 2023, Regular Session, be approved. Voice voice -Ayes: Seven. Motion carried. Proclamation declaring October 8-14, 2023 as Fire Prevention Week. PUBLIC COMMENTS Mary Potter, 207 Leland, shared that the Grout Museum is very important to the city and shared information regarding the Sewer Banquet. She also invited people to come to the Grout Museum on October 19 to have a free tour of the Grout Museum. Casey Thomas, 309 Franklin Street, shared that a landlord evicted her because she would not allow the landlord to be her payee. Dwayne Eilers, 1205 1/2 Bishop Street, commented on the poor condition of a road he travels. Aaron Stacey Roberts, 411 Almond, commented on issues his family had in the past. Lawrence Stumme, 1008 Lois Ln, spoke regarding dilapidated housing in Waterloo. Michael Blackwell, 5125 Millennium Drive, Cedar Falls, spoke regarding the quality of life in Page 1 of 16 Page 12 of 521 various cities. Bobby Jo Paige, Grundy County, spoke about the dilapidated housing in the north section of Waterloo. Alicia Wilder, 1113 Bertch, shared that she wants to advocate for people who are struggling and need support, but still wants to show the progress that Waterloo has made and how much there is here to offer. David Dryer, 3145 W. 4th Street, commented that he wants to thank the people who are investing in Waterloo. Mr. Chiles shared the date of his upcoming Ward Meeting. He thanked the Veterans Affairs for opening a veterans clinic in his Ward and asked if a bench could be installed on University Avenue for the patients visiting the clinic. Ms. Wilder shared that the grand opening of All in Grocers is tomorrow and the date and time for the opening. Ms. Creighton -Smith thanked the citizens for keeping the council accountable by voicing their concerns. Mayor Hart commented on the city's efforts to correct and improve a number of properties and projects that were commented on by the public. He refuted the falsehood that the city is not doing anything, or is taking too long. Feuss/Wilder to close public comments. Voice vote -Ayes: Seven. 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 September 25, 2023, in the amount of $4,568,087.97, and October 2, 2023, in the amount of $1,810,540.78. Voice vote -Ayes: Seven. Motion carried. Bills Payment, 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. 2023-580 Resolution approving a Veteran's Memorial Hall Designated Funds Agreement with the Waterloo Community Foundation to establish and maintain a charitable fund for the Foundation to support the City of Waterloo Veteran's Memorial Hall, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2023-581. Resolution approving the request by Labinot Gashi, for tax exemptions on the construction of a new twin home unit valued at $263,300.00, for property located at 4340 Mourning Dove Drive and located in the City Limits Urban Revitalization Area (CLURA). Page 2 of 16 Page 13 of 521 Resolution adopted and upon approval by Mayor assigned No. 2023-582. Resolution resetting date of public hearing as October 16, 2023, in conjunction with the Waterloo Public Library 2023 Interior Renovation Project, Contract No. 28439, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-583. Resolution approving preliminary plans, specifications, bid documents, etc., setting the date of bid opening as October 26, 2023, and date of public hearing as November 6, 2023, in conjunction with the FY 2024 Byrnes Aquatic Center, Contract No. 1077, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-584. Resolution setting date of public hearing as October 16, 2023, to approve the request by the City of Waterloo to vacate, sell, and convey city -owned right-of-way located east of 1239 Sheldon Street at Becker Elementary School, to the Waterloo Community Schools, in the amount of $1.00, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-585. Resolution setting date of public hearing as October 16, 2023, to approve the request by the City of Waterloo to vacate a ten -foot by seventy -five-foot Sanitary Sewer Easement at Becker Elementary School in the "R-2" One and Two Family Residence District, located at 1239 Sheldon Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-586. Resolution setting date of public hearing as October 16, 2023, to approve a request by the City of Waterloo to vacate an eight -foot drainage and utility easement on a parcel of land and vacate 7,150 square feet of city -owned right-of-way in the "R-2" One and Two Family Residence District, located at the northwest corner of Maynard Avenue and Greenhill Road, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-587. Resolution setting date of public hearing as October 16, 2023, for the sale and conveyance of sixty acres of city -owned property to PWM Companies, LLC, in the amount of $2,160,000.00, including a Development Agreement, with a grant schedule of a minimum of $40,000.00 annually, located east of 4342 Ansborouqh Avenue at the southeast corner of the Ansborough Avenue and Highway 20 Interchange, for the construction of commercial buildings, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-588. Resolution resetting date of public hearing as October 16, 2023, for the sale and conveyance of city -owned property 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 a 6,500 square foot building and a 6,000 square foot addition, located northeast of 3151 Titan Trail, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-589 Page 3 of 16 Page 14 of 521 Resolution resetting date of public hearing as October 16, 2023, for the sale and conveyance of city -owned property located at 3921 Midway Drive, in the amount of $15,000.00, to Dustin Arends d/b/a Arends Investments, including a Development Agreement, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-590. Resolution setting date of public hearing as October 16, 2023, to approve a request by DLG Investments (Gray Transportation) for a Site Plan Amendment for an employee parking lot in the "M-2,P" Planned Industrial District located east of 2459 GT Drive, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-591. Resolution setting date of public hearing as October 16, 2023, for the sale and conveyance of city -owned property to DLG Investments, LLC, (Gray Transportation), in the amount of $1.00, with a Development and Minimum Assessment Agreement in the amount of $125,000.00, for the construction of a forty stall employee parking lot, located east of 2459 GT Drive, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-592. Resolution resetting date of public hearing as October 16, 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 eighty percent for years one through five and seventy percent for years six through ten, 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. Resolution adopted and upon approval by Mayor assigned No. 2023-593. Resolution setting date of public hearing as October 16, 2023, for the sale and conveyance of city -owned property to Steven and Yvonne Smith, in the amount of $5,000.00, with a Development Agreement and Development Grant of $5,000.00, located south of 437 Norris Court, for the construction of a new single-family home, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-594. Resolution setting a date of public hearing as October 16, 2023, for a request by SKH Properties for a Site Plan Amendment to construct a 4,350 square foot medical office building in the "C-P" Planned Commercial District, located southeast of 4006 Johnathan Street at the corner of Tower Park Drive and Johnathan Street, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2023-595. Resolution resetting date of public hearing as October 16, 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. Resolution adopted and upon approval by Mayor assigned No. 2023-596. Page 4 of 16 Page 15 of 521 Resolution resetting date of public hearing as October 16, 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. Resolution adopted and upon approval by Mayor assigned No. 2023-597. Motion approving Final Quantity Summary with Boulder Contracting, LLC, of Grundy Center, Iowa, for a net increase of $168.61, in conjunction with the FY 2024 W. Airline Hwy. Railroad Crossing Repairs Project, Contract No. 1090, and authorizing the Mayor and City Clerk to execute said document. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Boulder Contracting, LLC, of Grundy Center, Iowa, in the amount of $60,725.36, in conjunction with the FY 2024 W. Airline Hwy. Railroad Crossing Repairs Project, Contract No. 1090, and receive and file a two-year maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2023-598. Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy for the purchase of a 2024 Chevy Equinox for the Waste Management Department, from Karl Chevrolet of Ankeny, Iowa, in the amount of $27,342.60. Resolution adopted and upon approval by Mayor assigned No. 2023-599. Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy for the purchase of two 2023 Chevy Silverado 1500 trucks, for Waterloo Fiber, from Karl Chevrolet of Ankeny, Iowa, in the amount of $85,463.40, and transferring the title of said vehicles to Waterloo Fiber upon receipt of payment of purchase price. Resolution adopted and upon approval by Mayor assigned No. 2023-600. Resolution approving the sale of used equipment from the Public Works and Waste Management Departments via the website PurpleWave. Resolution adopted and upon approval by Mayor assigned No. 2023-601. Motion to approve Change Order No. 1 with D.W. Zinser Co., Inc., of Walford, Iowa, for a net increase of $3,107.88, in conjunction with additional demolition work for property located at 1100 Sycamore Street under Contract No. D-2023-04-01P, and authorizing the Mayor to execute said document. Motion approving Change Order No. 3 with Woodruff Construction of Waterloo, Iowa, for a total decrease of $65,810.59 in conjunction with the FY 2023 Gates Park Improvements Project, Contract No. 1076, and authorizing the Mayor and City Clerk to execute said document. Motion approving the appointment of Justin Speakar to the position of ICT Foreman, in the Waste Management Services Department, effective October 3, 2023. Page 5 of 16 Page 16 of 521 Communication from the Waste Management Services Department on notice of the conclusion of employment of Matthew Schaefer, Plant Maintenance Mechanic, effective September 6, 2023, with recommendation of approval of payout of $6,759.98 for unused benefits. Leisure Services Commission Board minutes of August 8, 2023. Complete Street Advisory Committee minutes of July 25, 2023. Planning, Programming, and Zoning Commission minutes of August 8, 2023. Liquor Licenses a. Dad's Pub, 1106 La Porte Rd., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 6/30/2024. b. Damon's Sports Bar and Grill, 2122 Kimball Ave., Class C Alcohol w/Sunday Sales (Renewal) Exp: 10/4/2024. c. Fester's Pub, 324 E. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 7/21/2024. d. Petersen & Tietz Florists & Greenhouses, 2275 Independence Ave., Class B Native Wine w/Sunday Sales (Renewal) Exp: 10/8/2024. e. The Brown Bottle, 209 W. 5th St., Class C Alcohol, Class C Alcohol w/Sunday Sales (Renewal) Exp: 10/21/2024. f. Eventos VIP, 32 Lafayette St., Class C Liquor w/Sunday Sales (Renewal) Exp: 10/4/2023. g. Three Amigos Family Restaurant, 2820 Falls Ave., Class C Alcohol w/Sunday Sales (Renewal) Exp: 8/24/2024. h. Tobacco Outlet Plus #500, 1803 La Porte Rd., Class B Alcohol w/Sunday Sales (Renewal) Exp: 10/14/2024. i. Wal-Mart Supercenter #1496, 1334 Flammang Dr., Class E Alcohol w/Sunday Sales (Renewal) Exp: 9/30/2024. j. West Side Liquor, 919 W. 5th St., Class E Alcohol w/Sunday Sales (New) Exp: 10/14/2024. k. Rudy's Tacos -Beer Hall -Lava Lounge, 2401 Falls Ave., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp: 9/27/2024. I. Kwik Star #715, 135 E. Ridgeway Ave., Class E Alcohol w/Sunday Sales (New) Exp: 9/28/2024. Bonds. Page 6 of 16 Page 17 of 521 PUBLIC HEARINGS Request by the City of Waterloo to vacate an existing forty -five-foot easement along the south property line of Lot 6 of Wagner Road Subdivision in the "M-1" Light Industrial District located north of 3488 Wagner Road. Boesen/Chiles to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Chiles to close the hearing and recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Seven. Motion carried. Boesen/Chiles to receive, file and consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate an existing forty -five-foot easement along the south property line of Lot 6 of Wagner Road Subdivision in the "M-1" Light Industrial District located north of 3488 Wagner Road. Roll call vote -Ayes: Seven. Motion carried. Boesen/Chiles to suspend the rules. Roll call vote -Ayes: Seven. Motion carried. Boesen/Chiles to consider and pass for the second and third times and adopt said ordinance. Roll call vote - Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5722. Request by PWM Companies, LLC, for Site Plan Amendment for commercial/industrial development in the "B-P" Business Park District located north and east of 4719 Ansborough Avenue at the southeast corner of the Ansborough Avenue and US Highway 20 interchange. Nichols/Feuss to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Mike Macri, PWM Companies, LLC, provided an overview of the proposed project. Mr. Chiles questioned if there are plans for dealing with traffic in that area as it is further developed. Jamie Knutson, City Engineer, provided future infrastructure plans for the development site. Page 7 of 16 Page 18 of 521 David Dryer, 3145 W. 4th Street, questioned why a hearing is being set tonight for this also. He further asked questions regarding financing for the project and use of the site. Noel Anderson, Community Planning and Development Director, provided an overview of future steps for the site and infrastructure. Nichols/Feuss to close public hearing and receive and file oral comments and recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Seven. Motion carried. Nichols/Feuss 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 PWM Companies, LLC, for Site Plan Amendment for a commercial/industrial development including two 138,000 square foot buildings, one 20,000 square foot building, and one 5,000 square foot building in phase one and 425,000 square feet of buildings in future phases in the "B-P" Business Park District located north and east of 4719 Ansborough Avenue at the southeast corner of the Ansborough Avenue and US Highway 20 interchange. Roll call vote -Ayes: Seven. Motion carried. Mr. Chiles questioned if there was still an agreement for the southeast portion of that lot. Noel Anderson commented that the agreement was rescinded a few weeks ago. Mr. Boesen questioned if the city would do something similar to North Crossing where we got quotes and an idea of what infrastructure costs would be. Noel Anderson commented that the city will work with the developer on the advantages of using the RISE program since it is a certified site because it is a 70/30 match with the state. Nichols/Feuss to suspend the rules. Roll call vote -Ayes: Seven. Motion carried. Nichols/Feuss to consider and pass for the second and third times and adopt the ordinance. Roll call vote - Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5723. Request by M&MB Legacy for a Site Plan Amendment for a 5,990 square foot commercial building in the "M-2,P" Planned Industrial District, located southeast of 2425 GT Drive. Feuss/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. 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, commented that he does not believe that this project has adequate parking. Page 8 of 16 Page 19 of 521 Noel Anderson, provided an overview of the project and addressed parking planned for the site. Feuss/Nichols to close public hearing and receive and file oral comments and recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote -Ayes: Seven. Motion carried. Feuss/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 request by M&MB Legacy for a Site Plan Amendment for a 5,990 square foot commercial building in the "M-2,P" Planned Industrial District, located southeast of 2425 GT Drive. Roll call vote -Ayes: Seven. Motion carried. Feuss/Nichols to suspend the rules. Roll call vote -Ayes: Seven. Motion carried. Feuss/Wilder to consider and pass for the second and third times and adopt the ordinance. Roll call vote - Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5724. Demolition and Site Clearance Services, Contract No. D-2023-09-06P, located at 1804 E. 4th Street, 637 Ankeny Street, 207 Lafayette Street, 208 Sunnyside Avenue, 212 Sunnyside Avenue, and 1318 Martin Road. Chiles/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Mary Potter 207 Leland, questioned if the city could work on codes that might prevent these properties from having to be demolished. Mayor Hart commented that the city has hired another full-time and one part-time inspector to help address these issues in a more timely manner. The city is also in partnership with Habitat for Humanity to work in this area as we did in the Walnut area. Forest Dillavou, 1725 Huntington Road, commented that most of these houses have needed to come down for some time. Odell Sallis, 2119 City View, questioned what is being offered to local residents to acquire these properties once they are demolished. Mayor Hart provided comments regarding steps the city is taking to address housing issues in the city. Chiles/Wilder Page 9 of 16 Page 20 of 521 to close the hearing and receive and file oral comments. Voice vote -Ayes: Seven. Motion carried. Chiles/Wilder Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-602. Ms. Creighton -Smith commented that there are definitely people in Ward 4 that want to purchase those properties and it will be good to get information out to the public. Ms. Wilder commented that she is excited to see the properties coming down on Sunnyside Avenue. Mr. Nichols expressed excitement for seeing these properties coming down and for the opportunities for citizens to be able to invest in their community and their neighborhoods. Chiles/Creighton-Smith to receive, file and instruct the City Clerk to read bids. Voice vote -Ayes: Seven. Motion carried. Demolition and Site Clearance Services, Contract D-2023-09-06P Estimate: $70,000.00 Lehman Trucking & Excavating, Inc., Waterloo, IA - 5% Bid Security - Bid Amount: $82,000.00 Veracity Excavating, LLC, LaPorte City, IA - 5% Bid Security - Bid Amount: $101,400.00 D. W. Zinser Company, Walford, IA - 5% Bid Security - Bid Amount: $149,700.00 Midwest Demolition Contractors, Inc., Walford, IA - 5% Bid Security - $144,485.00 Chiles/Creighton-Smith Resolution approving award of bid to Lehman Trucking & Excavating, Inc., of Waterloo, Iowa, in the amount of $82,000.00, approving the contract, bond and certificate of insurance, in conjunction with Demolition and Site Clearance Services, Contract No. D-2023-09-06P, located at 1804 E. 4th Street, 637 Ankeny Street, 207 Lafayette Street, 208 Sunnyside Avenue, 212 Sunnyside Avenue, and 1318 Martin Road, and authorizing the Mayor and City Clerk to execute said document. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-603. Sale and conveyance of city -owned property located at 628 W. Parker Street, in the amount of $11,000.00, to Kevin E. Rose and Michelle L. Rose, including a Development Agreement. Boesen/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Wilder to close hearing and receive and file oral and written comments. Voice vote -Ayes: Seven. Motion carried. Page 10 of 16 Page 21 of 521 Boesen/Wilder Resolution approving the sale and conveyance of city -owned property located at 628 W. Parker Street, in the amount of $11,000.00, to Kevin E. Rose and Michelle L. Rose, and authorizing the Mayor and City Clerk to execute said documents. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-604. Boesen/Wilder Resolution approving a Development Agreement with Kevin E. Rose and Michelle L. Rose, in conjunction with the rehabilitation of 628 W. Parker Street, and authorizing the Mayor and City Clerk to execute said document. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-605. Sale and conveyance of city -owned property located at 1525 Oakwood Drive, in the amount of $15,100.00, to Castro Properties, LLC, including a Development Agreement. Creighton-Smith/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Creighton-Smith/Wilder to close the hearing. Voice vote -Ayes: Seven. Motion carried. Creighton-Smith/Wilder Resolution approving the sale and conveyance of city -owned property located at 1525 Oakwood Drive, in the amount of $15,100.00, to Castro Properties, LLC, and authorizing the Mayor and City Clerk to execute said documents. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-606. Creighton-Smith/Wilder Resolution approving a Development Agreement with Castro Properties, LLC, in conjunction with the rehabilitation of 1525 Oakwood Drive, and authorizing the Mayor and City Clerk to execute said document. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-607. RESOLUTIONS Resolution approving a Memorandum of Agreement with Elevate Housing Foundation of Waterloo, Iowa, for the continued provision of an embedded employee to provide mental health services to third parties during calls for service, and authorizing the Mayor and City Clerk to execute said document. Chiles/Creighton-Smith Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-608. Resolution approving a Memorandum of Understanding with the City of Cedar Falls for the five - Page 11 of 16 Page 22 of 521 year Consolidated Action Plan, as required by the United States Department of Housing and Urban Development, in order to maintain the Cedar Falls Waterloo HOME Consortium, and authorizing the Mayor and City Clerk to execute said document. Chiles/Creighton-Smith Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-609. Resolution approving a Lease Agreement with JSA Development, LLC, for rental of the Leisure Services downtown shop, and authorizing the Mayor and City Clerk to execute said document. Chiles/Creighton-Smith Roll call vote -Ayes: Seven. Motion Carried. Resolution adopted and upon approval by Mayor assigned No. 2023-610. Mr. Boesen commented that though the lease increased by 12 percent, it is important to remember that there has not been an increase in several years. He shared that the building offers a good space for leisure services.. Paul Huting, Leisure Services Director, confirmed that they have been in the building since 2012 and there have been no increases during that time. He shared that future increases are capped at 3 percent and the landlord covers the utilities. Resolution approving an Independent Contractor Agreement for Massage Therapy Services. Feuss/Chiles Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-611. Paul Huting, Leisure Services Director, provided an overview of the item. David Dryer, 3145 W. 4th Street, commented that he is not in favor of this resolution because it is competition with a private business. Forest Dillavou, 1725 Huntington Road, questioned if the service is being provided for free to members of the SportsPlex. Paul Huting explained it would be an added fee if a member chooses to use the service. Resolution approving a Professional Services Agreement with WHKS & Co., of Mason City, Iowa, in the amount of $142,250.00, in conjunction with the East Shaulis Road and Hammond Avenue Roundabout Design Project, and authorizing the Mayor and City Clerk to execute said document. Feuss/Chiles Roll call vote -Ayes: Six. Nays: One (Boesen). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-612. David Dryer, 3145 W. 4th Street, questioned if the traffic flow is heavy enough to warrant a roundabout at this location. Resolution approving Amendment No. 1 to the agreement with Willett, Hofmann, & Associates, Page 12 of 16 Page 23 of 521 Inc., of Cedar Rapids, Iowa, originally approved June 21, 2021, to amend the project end timeline from January 6, 2023, to December 31, 2023, in conjunction with the Downtown Traffic Camera and Fiber Optic Interconnect Project, Iowa Department of Transportation, Project No. STBG-SWAP-8155(769)--SG-07, and authorizing the Mayor to execute said document. Feuss/Chiles Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-613. Resolution approving an Iowa Clean Air Attainment Grant Agreement, in the amount of $1,100,000.00, in conjunction with the Broadway Street Traffic Adaptive System and connecting to Fiber Optic Interconnect Termini, US Hwy. 63 (Mullan) at Franklin, and Broadway Street at Airport Blvd., and authorizing the Mayor and City Clerk to execute said document. Boesen/Nichols Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-614. Resolution approving an Iowa Clean Air Attainment Grant Agreement, in the amount of $910,000.00, in conjunction with the Ansborough Avenue Traffic Adaptive System Termini, Ansborough Avenue at Downing Avenue, and Ansborough Avenue at Fisher/Fitzway Drive, and authorizing the Mayor and City Clerk to execute said document. Boesen/Nichols Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-615. Request by the City of Waterloo to dedicate a fifteen -foot utility easement along the south property line of Lot 6 of Wagner Road Subdivision, in the "M-1" Light Industrial District, located north of 3488 Wagner Road. Boesen/Nichols Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-616. Resolution approving a Development and Minimum Assessment Agreement with JSA Development, LLC, for the rehabilitation of 716 Commercial Street into commercial and residential space, including a grant of $105,000.00, plus $15,000.00 in infill housing incentives and rebates for fifteen years at seventy percent, with a minimum assessed value of $500,000.00 upon completion, and authorizing the Mayor and City Clerk to execute said document. Nichols/Wilder Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-617. David Dryer, 3145 W. 4th Street, commented for both Items 10 and 11, that if bond funds are needed to do a project we should not do the deal. David Deeds, JSA Development 215 E. 4th Street, provided comments regarding items 10 and 11 and the development plans for each project. Page 13 of 16 Page 24 of 521 Forest Dillavou, 1725 Huntington Road, commented that he does not support the projects associated with items 10 and 11. Mr. Boesen commented that he supports these projects 100 percent. Resolution approving a Development and Minimum Assessment Agreement with JSA Development, LLC, for the rehabilitation of 425 Franklin Street into commercial space, including a grant of $85,000.00, and rebates for fifteen years at seventy percent, with a minimum assessed value of $500,000.00 upon completion, and authorizing the Mayor and City Clerk to execute said document. Nichols/Wilder Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-618. Resolution approving a Professional Services Agreement with HR Green, in an amount not to exceed $15,500.00, to complete a Phase II Environmental Site Assessment for property located at 200 East Mullan Avenue, and authorizing the Mayor to execute said document. Nichols/Wilder Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-619. Resolution approving the Real Estate Purchase Agreement with Gary D. Church for property located at 1202 Sycamore Street, in the amount of $10,000.00 plus up to $2,000.00 in closing costs, and authorizing the Mayor and City Clerk to execute said document. Chiles/Creigton-Smith Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2023-620. Resolution approving an Early Access Agreement with Dustin Arends d/b/a Arends Investments, for demolition and earth moving activities at 3921 Midway Drive, and authorizing the Mayor and City Clerk to execute said document. Chiles/Creigton-Smith Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2023-621. Resolution approving a Professional Service Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $19,500.00 in conjunction with the Waterloo Convention Center Underground Parking Ramp Repairs Project, and authorizing the Mayor to execute said document. Chiles/Creigton-Smith Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2023-622. Resolution approving a Memorandum of Understanding with the Iowa Northland Regional Council of Governments, in the amount of $2,000.00, for preparation of the Reconnect Communities and Neighborhoods grant application. Page 14 of 16 Page 25 of 521 Feuss/Creighton-Smith Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-623. Resolution approving the Assignment of Development Agreement with Superior Properties, LLC, and Lincoln Savings Bank, for the Development Agreement originally approved on June 20, 2022, in conjunction with the development of property located at the southwest corner of Airline Highway and Geraldine Road, assigning the rebates for the project to Lincoln Savings Bank, and authorizing the Mayor and City Clerk to execute said document. Feuss/Creighton-Smith Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-624. Resolution concurring with the determination of the City Planner, approving a proposed change to the approved site plan in the "S-1" Shopping Center District for the construction of a 10,093 square foot retail strip center with forty-four parking spaces, as a Minor Site Plan Amendment, located at 2775 Crossroads Boulevard. Feuss/Creighton-Smith Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-625. Resolution approving a Development and Minimum Assessment agreement with SKH Properties, LLC, for the construction of a 4,350 square foot medical office building, with a rebates schedule of years one and two of ninety percent, years three and four of eighty-five percent and years five through ten at 80%, with a minimum assessed value of $714,200.00, located southeast of 4006 Johnathan Street at the corner of Tower Park Drive and Johnathan Street, and authorizing the Mayor and City Clerk to execute said document. Creighton-Smith/Boesen Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-626. David Dryer, 3145 W. 4th Street, explained why he does not support items 19 and 20. Mr. Boesen requested an overview of the item. Noel Anderson, Community Planning and Development Director, provided an overview and explained how the rebate schedules work. Mr. Boesen questioned if in the future council could receive a matrix showing the cost of construction, new jobs, etc. so that incentives could be based more on job creation rather than permit valuations. Resolution approving a Main Street Program Continuation Agreement with the Iowa Economic Development Authority, Main Street Waterloo, and the City of Waterloo, in conjunction with the Main Street Iowa Program and authorizing the Mayor and City Clerk to execute said document. Creighton-Smith/Boesen Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-627. Page 15 of 16 Page 26 of 521 Resolution approving a Project Assistance Agreement and Mortgage between CJ's Construction, Inc., City of Waterloo and Broad of Trustees of the Waterloo Water Works, for the development of the first phase of Paradise Estates Edition, a 64-lot residential subdivision located north and east of 5805 Kimball Avenue (Orange Elementary School), and authorizing the Mayor and City Clerk to execute said documents. Creighton-Smith/Boesen Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-628. Resolution accepting an Iowa DOT Aviation Bureau Commercial Service Vertical Infrastructure Grant in the amount of $125,262.00, for the installation of doors and door alarms to support the upgrade of ALO's new Airport Security Program, and continue replacement of outdated Hangar Bay ceiling lights at the Waterloo Regional Airport, Contract No. 9-I-240-ALO-200, Project No. CNTRT-00005819, and authorizing the Mayor and City Clerk to execute said document. Chiles/Creighton-Smith Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-629. Resolution approving the acceptance of a FY 2024 Air Service Development Grant from the Iowa Department of Transportation - Aviation Bureau, in the amount of $48,000.00 for the CY 2024 marketing, advertising and promotion of the Waterloo Regional Airport beginning on or about January 1, 2024, via Contract No. CNTRT-00005884 and Project No. 9-I-240-ALO-135, at Waterloo Regional Airport, and authorizing the Mayor and Airport Director, to execute said document. Chiles/Creighton-Smith Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2023-630. ADJOURNMENT Chiles/Feuss that the meeting adjourn at 7:30 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 16 of 16 Page 27 of 521 CITY OF WATERLOO, IOIeIA WHEREAS, lirHFRF.IkC, PROCI.i4MATIOA One in three women, and one in four men will experience some form of domestic violence during their lifetime; and intimate partner violence impacts victims, children, family, friends and the community at large; and domestic violence is not confined to any group or groups of people, but is experienced in all economic, racial, ethnic, educational, societal, and religious groups and is sustained by societal indifference; and perpetrators of domestic violence should be held accountable for their actions and victims should have access to support and services to help them overcome their experience; and it is important to recognize the compassion and dedication of the individuals who provide support to victims of intimate partner violence and work to increase public understanding of this significant problem; and a coordinated effort from all community members is needed to put a stop to this heinous crime. Now, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the October 18, 2023, as DOMESTIC VIOLENCE AWARENESS MONTH and encourage residents to support Waypoint Services in ending domestic violence, to join their Gentleman Campaign O on October 18, and urge everyone to work together to eliminate domestic violence from our community. IN ithinvEss YYuEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 16th day of October 2023. ATTEST: Kelley Fe City Cler Quentin Hart Mayor (rol' C Page 28 of 521 CITY OF WATERLOO, IOWli PROCLAMAT1ON WHEREAS, WhEREAs, IK}IFRR6R, Friends of the Waterloo Public Library raise money that enables our library to move from good to great — providing resources for additional programming, much needed equipment, support for children's summer reading, and special events throughout the year; and the work of the Friends highlights, on an on -going basis, the fact that our library is the cornerstone of the community, providing opportunities for all to engage in the joy of life-long learning and connect with the thoughts and ideas of others from ages past to present; and the Friends understand the critical importance of well -funded libraries and advocate to ensure that our library gets the resources it needs to provide a wide variety of services to all ages, including access to print and electronic materials, along with expert assistance in research, readers' advisory, and children's services; and the Friends' gift of their time and commitment to the library sets an example for all in how volunteerism leads to positive civic engagement and the betterment of our community; and NOW THEREFORE, I, Quinten Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of October 15-21, 2023. FRIENDS OF THE LIBRARY WEEK and urges everyone to join the Friends of the Library and thank them for all they do to improve our library and community IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Waterloo, Iowa to be affixed this 16th day of October, 2023. ATTEST: Kelley Felc e City Clerk Quentin Hart Mayor Page 29 of 521 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department October 16, 2023 AGENDA ITEM TITLE Proclamation declaring October 21, 2023 as Thriving Together Day. 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. Thrive Day Page 30 of 521 CITY OF WATERLOO, I01lYA PROCLAMATION NAACP ANNUAL BANQUET "WREN UN1Tt , W WINN WHETS, the National Association for the Advancement of Colored People (N.A.A.C.P.) is the nation's oldest and largest civil rights organization; and WHEREAS, its half -million adult and youth members throughout the United States and the world are the premier advocates for civil rights in their - communities, conducting voter registration drives and monitoring equal opportunity in the public and private sectors; and WHERE AS, the Black Hawk County Branch of the National Association for Advancement of Colored People was chartered in 1921 and will on Saturday, October 21, 2023, hold its annual N.A.A.C.P Freedom Fund Dinner in Waterloo, Iowa. NOW, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim October 21, .2023 "THRI INI TOGETHER." in Waterloo and recognize the N.A.A.C.P. for their role to ensure the political, educational, social and economic equality of minority group citizens and to eliminate racial prejudice. IN TESTIMONY WOF, I have hereunto subscribed my name and caused the Great Seal of the City of Waterloo to be affixed this 16st day of October 2023. ATTEST: Kelley Felchlet Quentin Hart City Clerk Mayor Page 31 of 521 WAIVER Date: / ° "` U -- 2. ? Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a Concrete driveway or sidewalk located at (concrete or asphalt) 2558 Independence Ave. (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). X elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: l 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. (Please make payment payable to: City of Waterloo.) Respectfully submitted, Printed Name of Property Owner ture of Property Owner Page 32 of 521 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 October 16, 2023 AGENDA ITEM TITLE Resolution approving the request by Colby Krieps, for tax exemptions on the construction of a new single-family home valued at $574,900.00, for property located at 122 Sunbird Court and located in the City Limits Urban Revitalization Area (CLURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Audubon Heights 7th Addition Lot 15 Page 33 of 521 ATTACHMENTS 1. CLURA 122 Sunbird Ct Form 2. CLURA 122 Sunbird Ct Map Page 34 of 521 For Office Use Only Date Received: Received by: Staff to make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW DWELLINGS UNDER TI-IE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, 'I'he City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed residential dwellings and daycare centers, and any additions or major renovations for utilizing a residential home for children daycare center provided that they meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. Any such day care facilities must be registered with the State of Iowa for day care use. 3. This application must be filed with City prior to the I" working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: CO /iJ K(? )4e r 12� ADDRESS: ! TELEPHONE: r 2'0 "0 5 r 2-- A. What is the Address of the property being improved? SIGNATURE: EMAIL: c: tzV;l/S �OO(PJsiit'/, COvii DATE: vli2_ /Z Z � J t y1 6/ t `d ` ovii What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) A v&UgA Lam- is B. Indicate desired exemption schedule: (1 or 2) 1, One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. `S; A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% d. Fourth Year 50% g. Seventh Year 30% b. Second Year 70% e. Fifth Year 40% h. Eighth Year 30% c. Third Year 60% £ Sixth Year 40% i. Ninth Year 20% j. Tenth Year 20% C. What was the nature of the irn rovemint(s)? / -Fge$1 .i aweitio ( `+ LL_ �1\1,4c1.1 D. City of Waterloo Building and Inspections Department Information: Permit Number: R ?2 t1 �GI7I E. What was the cost of the new construction? Date permit was issued: 7/'7) Z3 G i2- ll 3 if S ? j qo0 , Lk? F. Estimated or actual date of completion of this new construction? `Total permit(s) valuation: S ` Z' j -201.t?c� Page 35 of 521 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 36 of 521 Page 37 of 521 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department MEETING DATE October 16, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as November 6, 2023 on the proposed reallocation of not to exceed $300,000 Unspent Proceeds of the General Obligation Bonds, Series 2022B, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Repairs to City Hall's roof and temperature controls in various city facilities are needed. These actions will provide funds for the repairs. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 38 of 521 1. Waterloo - PDF Letter of Instruction Reallocation of 2022B GO BONDS (02263714x7F7E1) 2. Fix Date Reallocation - Waterloo 2022B Bonds (02263681 x7F7E1) 3. Notice of Hearing - Waterloo 2022B Bonds - Reallocation (02263721x7F7E1) Page 39 of 521 AHLERS COONEY ATTORNEY S October 6, 2023 VIA E-MAIL Kelley Felchle City Clerk 715 Mulberry Waterloo, Iowa 50703 RE: Reallocation of 2022B General Obligation Bonds Dear Kelley: 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 Billingsley Cooper 515.246.0330 kcooper@ahlerslaw.com I am enclosing a resolution to fix the date of hearing on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2022B. There is no specific procedure established under Iowa law for approving reallocation of bond proceeds, therefore we suggest that the Council act under Section 364.6 to elect a procedure and conduct a public hearing on the proposed reallocation of the unspent proceeds. The proceedings call for a public hearing and require publication of notice (form of notice is included in the resolution) not less than four clear days nor more than twenty days prior to the hearing. The resolution setting the date for the hearing will be presented at the October 16, 2023 meeting of the Council, and the hearing will be set for November 6, 2023. Based on this schedule the Notice will need to be published between October 17, 2023 and November 2, 2023. I am also including proceedings for the hearing, which show as a first step receipt of any oral or written objections to the action. A summary of any objection received or made, if any, should be attached to the proceedings. If the council decides to proceed, the resolution directs that the City Treasurer may implement the reallocation and cause the records and accounts of the City to reflect the same. Please send us a completed copy of each set of the proceedings for our file. If any questions arise, please don't hesitate to call me. Very truly yours, Ahlers & Cooney, P.C. Kristin Billingsley Cooper FOR THE FIRM Enclosures cc: LeAnn Even, Deputy City Clerk, City of Waterloo (via email w/ encl.) Bridgett Wood, Chief Financial Officer, City of Waterloo (via email w/ encl.) Nancy Higby, Administrative Secretary, City of Waterloo (via email w/encl.) 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 40 of 521 ITEMS TO INCLUDE ON AGENDA CITY OF WATERLOO, IOWA • Resolution fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2022B, and providing for publication of notice thereof. NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE CHAPTER 21 AND THE LOCAL RULES OF THE CITY. Page 41 of 521 October 16, 2023 The City Council of the City of Waterloo, State of Iowa, met in session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at P.M., on the above date. There were present Mayor Quentin Hart, in the chair, and the following named Council Members: Absent: Vacant: Page 42 of 521 Council Member introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2022B, OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: Resolution No. RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2022B, OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City Council of the City of Waterloo, Iowa has previously issued its General Obligation Bonds, Series 2022B (the "Series 2022B Bonds") in the principal amount of $5,685,000, to pay the costs of various city improvement projects; and WHEREAS, certain proceeds of the Series 2022B Bonds remain unspent, and City staff has recommended that not to exceed $300,000 of unspent proceeds of the Series 2022B Bonds originally related to the projects described above (hereinafter referred to as the "Unspent Proceeds") be applied for the purpose of paying costs of the acquisition, construction, improvement and equipping of city buildings and facilities, including city hall (the "Project"); and WHEREAS, there being no procedure specified under Iowa law for consideration or approval of such a reallocation, it is hereby determined, pursuant to Section 364.6 of the Code of Iowa, that the procedure set forth in Section 384.25 should apply and that a hearing be held upon the proposal to reallocate the Unspent Proceeds to provide funds for paying costs of the Project. 2 Page 43 of 521 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That this Council meet in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at P.M., on the 6th day of November 2023, for the purpose of taking action on the matter of the proposed reallocation of not to exceed $300,000 of unspent proceeds of Series 2022B Bonds to provide funds to pay costs of the acquisition, construction, improvement and equipping of city buildings and facilities, including city hall. Section 2. That the City Clerk is hereby directed to cause one publication to be made of notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four nor more than twenty clear days before the date of said public meeting. Section 3. The notice of the proposed action shall be in substantially the following form: -3 Page 44 of 521 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2022B, OF THE CITY OF WATERLOO, IOWA, AND THE PUBLIC HEARING THEREON PUBLIC NOTICE is hereby given that the Council of the City of Waterloo, Iowa, will hold a public hearing on the 6th day of November 2023, at P.M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the reallocation of not to exceed $300,000 of unspent proceeds of the General Obligation Bonds, Series 2022B of the City of Waterloo, Iowa, in order to provide funds to pay costs of the acquisition, construction, improvement and equipping of city buildings and facilities, including city hall. Any person interested may appear at the public hearing, either orally or in writing, and be heard as to the reallocation of said proceeds of the Series 2022B Bonds for the above purposes. This Notice is given by order of the Council of Waterloo, Iowa, as provided by Sections 364.6 and 384.25 of the Code of Iowa, 2023, as amended. Dated this day of , 2023. City Clerk, City of Waterloo, State of Iowa (End of Notice) 4 Page 45 of 521 PASSED AND APPROVED this 16th day of October 2023. ATTEST: Kelley Felchle, City Clerk -5 Quentin Hart, Mayor Page 46 of 521 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. Kelley Felchle, City Clerk, City of Waterloo, State of Iowa (SEAL) Page 47 of 521 Page 48 of 521 CERTIFICATE STATE OF IOWA ) SS COUNTY OF BLACK HAWK I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Waterloo, in the County of Black Hawk, State of Iowa, and that as such Clerk and by full authority from the Council of the City, I have caused a NOTICE OF PUBLIC HEARING (Reallocation of General Obligation Bonds, Series 2022B) of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the "Waterloo Courier", a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that the Notice was published in all of the issues thereof published and circulated on the following date: WITNESS my official signature this (SEAL) , 2023. day of , 2023. City Clerk, City of Waterloo, State of Iowa Page 49 of 521 022 63 681-1 \ 11310-000 Page 50 of 521 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2022B, OF THE CITY OF WATERLOO, IOWA, AND THE PUBLIC HEARING THEREON PUBLIC NOTICE is hereby given that the Council of the City of Waterloo, Iowa, will hold a public hearing on the 6th day of November 2023, at P.M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the reallocation of not to exceed $300,000 of unspent proceeds of the General Obligation Bonds, Series 2022B of the City of Waterloo, Iowa, in order to provide funds to pay costs of the acquisition, construction, improvement and equipping of city buildings and facilities, including city hall. Any person interested may appear at the public hearing, either orally or in writing, and be heard as to the reallocation of said proceeds of the Series 2022B Bonds for the above purposes. This Notice is given by order of the Council of Waterloo, Iowa, as provided by Sections 364.6 and 384.25 of the Code of Iowa, 2023, as amended. Dated this day of , 2023. City Clerk, City of Waterloo, State of Iowa 02263721-1\11310-000 Page 51 of 521 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Building Department MEETING DATE October 16, 2023 AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as November 9, 2023, and date of public hearing as November 20, 2023, in conjunction with the Waterloo Center for the Arts Chiller Replacement, and instruct the City Clerk to publish said notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION This project consists of replacing the air-cooled chiller serving the Waterloo Center for the Arts. There will be piping modifications as indicated in the drawings and specifications. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 52 of 521 ATTACHMENTS 1. NTB - WCA Chiller Replacement 2. Public Hearing - WCA Chiller Replacement Page 53 of 521 NOTICE TO BIDDERS For the Taking of Construction Bids for the WATERLOO CENTER FOR THE ARTS CHILLER REPLACEMENT In the City of Waterloo, Iowa PRE BIDMEETING Pre bid meeting will take place on Tuesday October 24, 2023, at 2:00 pm at Waterloo Center For The Arts at 225 Commercial Street, Waterloo, IA 50701. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 9th day of November 2023 until 1:00 p.m. for the construction of the WATERLOO CENTER FOR THE ARTS CHILLER REPLACEMENT, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS Sealed bids must be received by the City Clerk of the City of Waterloo at City Hall, 715 Mulberry Street, Waterloo, Iowa 50703, no later than 9th day of November 2023, at 1:00 p.m. All bids will be opened in the Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 9th day of November 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 The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on the 20t" day of November 2023, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The Public Hearing will be livestreamed on YouTube and made available on the city website. SCOPE OF WORK The project consists of replacing the air-cooled chiller serving the Waterloo Center For The Arts. There will be piping modifications as indicated in the drawings and specifications. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commence on November 30, 2023, after receipt of "Notice to Proceed" and all items shall be completed on or before November 5, 2024. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty- one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. NOTICE TO BIDDERS Page 1 of 3 MODUS 22-170 WATERLOO CENTER FOR THE ARTS CHILLER REPLACEMENT Page 54 of 521 PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by MODUS Engineering which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from Rapids Reproduction (electronic or hardcopy) at 6201 Chancellor Drive, Cedar Fails, IA 50613. 319.277.5538; 1.800.383.1223. Digital Plans and Specifications (no charge) available at: www.rapidsrepro.comlplanroom. Required deposit: $25.00 per bid set (plans and specifications) + $20.00 per set non-refundable mailing fee, if shipped. Viewing Locations: Listed in the Instruction to Bidders. Call MODUS Engineering 319.235.0650 for questions availability of documents. Deposits are fully refundable if the plans and specifications are returned in usable condition (i.e., generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Rapids Reproduction office listed above by the end of the 14eh consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the le consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor, or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City and consulting engineer to verify eligibility for the refundable deposit. Upon award of project, the prime contractor, subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids using the proposal included in the specifications. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into NOTICE TO BIDDERS Page 2 of 3 MODUS 22-170 WATERLOO CENTER FOR THE ARTS CHILLER REPLACEMENT Page 55 of 521 a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond' within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBEIWBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors, engineer (MODUS Engineering) and City Officials. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA NOTICE TO BIDDERS Page 3 of 3 MODUS 22-170 WATERLOO CENTER FOR THE ARTS CHILLER REPLACEMENT Page 56 of 521 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the WATERLOO CENTER FOR THE ARTS CHILER REPLACEMENT In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 9'1' day of November 2023 until 1:00 p.m. for the construction of the Waterloo Center For The Arts Chiller Replacement Project,. 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 Second Floor Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 9`1' day of November 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 Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above - described improvement project at 5:30 p.m. on the 20it' day of November 2023, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City of Waterloo are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORK The project consists of replacing the air-cooled chiller serving the Waterloo Center For The Arts. There will be piping modifications as indicated in the drawings and specifications. 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 16E1' day of August 2021. Kelley Felchle, City Clerk City of Waterloo, Iowa Page 57 of 521 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 October 16, 2023 AGENDA ITEM TITLE Resolution setting the date of public hearing as November 6, 2023, on the request by the City of Waterloo to vacate approximately 1.43 acres of excess right-of-way along the south side of West San Marnan Drive between Bankers Boulevard and Hurst Drive, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to set the date of public hearing as November 6, 2023 for a request by the City of Waterloo to vacate approximately 1.43 acres excess right-of-way along the south side of West San Marnan Drive between Bankers Boulevard and Hurst Drive, and authorize the City Clerk to publish notice. Infrastructure to the south of the area in question is being graded and new infrastructure such as street, sanitary sewer and storm sewers are being installed and the City of Waterloo has already entered into a Development Agreement with John & Dan Properties to build the infrastructure. The City gave consent to plat the right-of-way into outlets that part of San Marnan Business Park First Addition, with said outlots being A, B, C, D, E and F. There are plans to take action at a later date to convey the outlots to the property owners to the south to incorporate them with the land they are developing. NEIGHBORHOOD IMPACT The excess right-of-way is not needed for an future roadway purposes and the eventual disposal of it will be taxable. DATA, ANALYSIS, AND STRATEGIES Land Use and Economic Development. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The Planning and Zoning Commission has reviewed the vcacate request and recommended approval Page 58 of 521 of it. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Outlots A, B, C, D, E and F, San Marnan Business Park First Addition, Waterloo, Black Hawk County Iowa. ATTACHMENTS 1. Map of Outlots to be Vacated 2. Final Plat Page 59 of 521 - NW CORNER NE 1/4 NW II4 SECTION 9-88-13 FNDWf"X" END CUT'X" ptyv Ls4Jl 6, Ali 1 1014 ;EC' L15 A OUTLOT "C" OUTLOT "A" SA la a ea!rOUTLOT "B„ 0.21 SF 1 0.44 CSSEC• 9679 SF 0.21 AC AC 29631 289`48111E 167.62' NORTH UNE NE1/4 NW174 N854'11^E 0.22tC s2a21'77^E 11160.52' 178.66' N85'4011'E O OUTLOT "D" 7337 SF OUTLOT 11F" 0.17 AC 8434 SF W. SAN( MARNAN DRIVE 0,19 AC 166.93'_ 589.4171699 132334' 1469'48'tl 8 20251. NE5'461YE N 1/4 CORNER -1 SECTION 9.85-13 FND 5/8" SEBAR w/ ALUM CAP #12066 POINT OF COMMENCEMENT 5806142S'E 109$3' 148,11 NB9'4a11"E J f 297.09' LOT 7 r-- 10o0Pue 48457SF a 1.11 AC 33' WIDE INGRESS/EGRESS EASEMENT 2,338 SO FT/ 0.05 ACRES 217.05 S6518'11'W LOT 8 469 / FQ P8L4 53Z3 ACF 30.07SANRAAY3EWER EASEMENT 9547 A'84'3627W OUTLOT "H" 32895 SF 4 076AC C2L '•'"4� SEE DETAIL NI SHEET _ r a as CS cv • • LOT 9 -OUTLOT "I" 200089 SF 14836 SF 4,59 AC 0.34 AC 157,55 LOT 6 51520 SF 1.18 AC 178.60 LOT 5 53738 SF 1.23 AC -76 C29 04+ D•T P� IVE y54 TRACT "A" 101060 SF 2.32 AC 16 LOT 10 55091 SF 1.49 AC Jr z0: RsF Nan l 209.26' 61674225 W 156.77 LOT 4 54003 SF 1.24 AG 202.29' OUTLOT "E" 8303 SF 0.19 AC LOT 3 62332 SF r;, g 1.43 AC L27 i 66 c2 \▪ fir Tier 749 CY ▪ .14.6r 72' l3 LOT 11 53502 SF 1.23 AC 40.02STORM WATER EASEMENT 20.07 SAMTARYSEWER EASEMENT l 257.3_" LOT 2 48584 SF 1,12 AC N971700W 256.65 OUTLOT "G" 50273 SF 1.15 AC 589`52'1rE 2546.7 LOT 1 4 52129 SF a 1.20AC Lll 0 g T_1 ' C3o CT' O-- _ : f Tow F. . as TOWER PARK DRIVE c}4 END 5/8'RE3AR- + w/ ALUM CAP #12088 LOT 12 53801 SF 1.24 AC LOT T TOWER PARE T P4�¢A y911y, LOT 2 ----309.97- ---- N83'S923"W 10 00' PIE L12 SCALE 1'.100. 100' O 1 CGA PROJECT NO.5602 1 DATE OF SURVEY: 12-10-22 DRAWN 6Y: CAD FIELD CREW: wa SHEET NO. 3 OF 5 Page 60 of 521 SURVEYOR TRAVIS R STEWART, P.L.S. CLAPSADDLE-GARBER ASSOCIATES P.O. BOX 754 - 16 E. MAIN STREET MARSHALLTOWN, IOWA 50158 (641)752-6701 ZONING INFORMATION: CURRENT: R-4, R-P (PLANNED MULTIPLE RESIDENCE DISTRICT) AND B-P SURVEY REQUESTED BY: JOHN AND DAN PROPERTIES, LLC 7404 UNIVERSITY AVENUE CEDAR FALLS, IOWA 50613 TRACT SUMMARY: TRACT A - ROAD RIGHT-OF-WAY FOR TOWER PARK AND HURST TRACT B - ROAD RIGHT-OF-WAY FOR FISHER DRIVE OUTLOT A THRU OUTLOT F - TO BE CONVEYED TO TO ADJACENT LOTS TO THE SOUTH OUTLOT G - DETENTION OUTLOT H - DETENTION OUTLOT I - TO BE CONVEYED TO TO ADJACENT LOTS TO THE WEST OUTLOT J AND K - FUTURE DEVELOPMENT SHEET INDEX SHEET 1 COVER SHEET SHEET 2 OVERALL SHEET 3 FINAL PLAT SHEET 4 FINAL PLAT SHEET 5 DETAILS & LINE/CURVE DATA OWNERS OF RECORD JOHN AND DAN PROPERTIES, LLC 7404 UNIVERSITY AVENUE CEDAR FALLS, IOWA 50613 CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IOWA 50703 NOTES: THE CITY OF WATERLOO OWNS OUTLOTS "A" THRU F. JOHN AND DAN PROPERTIES, LLC OWN THE REMAINING PROPERTY. PREPARED DATE: DECEMBER 2022 NOTE: ALL BEARINGS ARE THE RESULT OF G.P.S. OBSERVATIONS USING IaRCS: ZONE 5 WATERLOO FINAL PLAT SAN MARNAN BUSINESS PARK FIRST ADDITION WATERLOO, IOWA LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9, AND PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, ALL IN 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 NORTH 1/4, CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M.; THENCE, SO°30'26"W 33.00' ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9 TO A POINT ON THE PREVIOUSLY ESTABLISHED SOUTH RIGHT OF WAY LINE OF WEST SAN MARNAN DRIVE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, CONTINUING SO°30'26"W 1290.97' ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9 TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 9, ALSO BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 20 (PREVIOUSLY ESTABLISHED); THENCE, N88°45'42"W 775.36' ALONG SAID NORTH RIGHT OF WAY LINE; THENCE, N81°36'52"W 391.86' ALONG SAID NORTH RIGHT OF WAY LINE; THENCE, N76°01'43"W 165.06' ALONG SAID NORTH RIGHT OF WAY LINE TO THE SOUTHEAST CORNER OF LOT 1 OF COUNTRY CLUB BUSINESS CENTER SECOND ADDITION; THENCE, NOO°32'34"E 771.81' ALONG THE EAST LINE OF LOT 1 AND LOT 2 OF SAID COUNTRY CLUB BUSINESS CENTER SECOND ADDITION TO A POINT ON THE NORTH RIGHT OF WAY LINE OF TOWER PARK DRIVE (PREVIOUSLY ESTABLISHED); THENCE, NORTHWESTERLY 82.18' ALONG THE ARC OF A 270.00' RADIUS CURVE, CONCAVE NORTHEASTERLY, HAVING A CHORD BEARING OF N64°09'21"W AND A CHORD DISTANCE OF 81.86' ALONG SAID NORTH RIGHT OF WAY LINE; THENCE, N55°26'13"W 17.26' ALONG SAID NORTH RIGHT OF WAY LINE TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF BANKERS BOULEVARD (PREVIOUSLY ESTABLISHED); THENCE, N34°33'47"E 91.13' ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE, NORTHEASTERLY 254.11' ALONG A 437.50' RADIUS CURVE, CONCAVE NORTHWESTERLY, HAVING A CHORD BEARING OF N17°55'25"E AND A CHORD DISTANCE OF 250.55' ALONG SAID EASTERLY RIGHT OF WAY LINE; THENCE, NO°34'15"E 112.05' ALONG SAID EASTERLY RIGHT OF WAY LINE TO A POINT ON THE NEWLY ESTABLISHED SOUTH RIGHT OF WAY LINE OF WEST SAN MARNAN DRIVE; THENCE, S88°21'17"E 1150.52' ALONG SAID SOUTH RIGHT OF WAY LINE; THENCE, S86°14'28"E 109.53' ALONG SAID SOUTH RIGHT OF WAY LINE TO A POINT ON THE WEST RIGHT OF WAY LINE OF HURST DRIVE (PREVIOUSLY ESTABLISHED); THENCE, SO°30'33"W 25.45' ALONG SAID WEST RIGHT OF WAY LINE TO A POINT ON THE PREVIOUSLY ESTABLISHED SOUTH RIGHT OF WAY LINE OF WEST SAN MARNAN DRIVE; THENCE, N89°48'11"E 26.01' ALONG SAID SOUTH RIGHT OF WAY LINE TO THE POINT OF BEGINNING. CONTAINS 39.70 ACRES INCLUDING 3.19 ACRES OF ROAD RIGHT OF WAY. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. FLOODPLAIN: ZONE X AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN FIRM MAP NUMBER 19013C0303F EFFECTIVE JULY 18, 2011. EASEMENTS EASEMENTS SHALL BE AS SHOWN IN THIS DOCUMENT, AND AS FOLLOWS; 1. A UTILITY EASEMENT SHALL EXIST ON THE ENTIRETY OF OUTLOTS A, B, C, D AND E. 2. A UTILITY AND DRAINAGE EASEMENT SHALL EXIST ON THE ENTIRETY OF OUTLOT F CLOSURE: - ALL SUBDIVISION BOUNDARIES ARE WITHIN THE 1:10,000 ERROR OF CLOSURE REQUIREMENT - ALL LOTS ARE WITHIN THE 1:5000 ERROR OF CLOSURE REQUIREMENT. SECTION 4-88-13 SECTION 9-88-13 SECTION 9-88-13 (GROSS -ACRES) (ROW -ACRES) (NET -ACRES) SE1/4 SW1/4 0.49 AC 0.00 AC 0.49 AC NE1/4 NW1/4 39.02 AC 3.19 AC 35.83 AC NW1/4 NW1/4 0.19 AC 0.00 AC 0.19 AC TOTAL 39.70 AC 3.19 AC 36.49 AC () = RECORDED AS VICINITY MAP NOT TO SCALE LOT TABLE LOT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 TRACT "A" TRACT "B" OUTLOT "A" OUTLOT "B" OUTLOT "C" OUTLOT "D" OUTLOT "E" OUTLOT "F" OUTLOT "G" OUTLOT "H" OUTLOT "I" OUTLOT "J" OUTLOT "K" ACRES 1.12 1.20 1.43 1.24 1.23 1.18 1.11 1.23 4.59 1.49 1.23 1.24 1.71 1.65 2.32 0.87 0.44 0.22 0.21 0.17 0.19 0.19 1.15 0.76 0.34 8.60 2.57 SQ FT 48,584 52,129 62,332 54,003 53,738 51,520 48,457 53,469 200,089 65,091 53,502 53,801 74,506 71,702 101,060 38,055 19,350 9,679 9,338 7,337 8,303 8,434 50,273 32,895 14,836 374,655 111,872 LEGEND: (MONUMENT SYMBOLS ARE ORIENTED TO THE NORTH) 0 z 0 LL A PLSS CORNER FOUND (as noted) • PARCEL OR LOT CORNER F- LLJ uJ PLSS CORNER - 1/2" DIAMETER x 30" IRON REBAR w/ORANGE PLASTIC ID CAP (#17162) 1/2" DIAMETER x 30" IRON REBAR w/ORANGE PLASTIC ID CAP (#17162) I hereby certify that this land 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 Professional Land Surveyor under the laws of the State of Iowa. Travis R. Stewart, PLS Iowa License Number 17162 My License Renewal Date is December 31, 2023 Pages or sheets covered by this seal: SHEETS1 OF 5, 2 OF 5, 3 OF 5, 4 OF 5 AND 5 OF 5 date CGA PROJECT NO.5602 1 DATE OF SURVEY: 12-16-22 DRAWN BY: CAQ FIELD CREW: xxx SHEET NO. 1 OF 5 Page 61 of 521 NW CORNER SECTION 9-88-13 FND BRASS CAP WEST LINE SW1/4 NW1/4 W 1/4 CORNER SECTICUN T 13 FND FND CUT S89°49'23'W 1324.12' NORTH LINE NW1/4 NW1/4 NW CORNER NE 1/4 NW 1/4 SECTION 9-88-13 FND CUT "X" TOWER PARK DR PARCEL " 1 I ?, P �.�1IQgSS, SE1/4 SW1/4 SEC. 4-88-13 OUTLOT "C" OUTLOT "A" OUTLOT "B" L5 PARCEL COUNTRY THIRD ADDTION CENTER0,10 neogt TE >. CP�6 Pt' LOT APPROX 1/41/4 LINE FISHER DRIVE SOUTH LINE SW1/4 NW1L RY T®DER �� 6 ADDITION LOT R gR D 1t FND 1/2" REBAR w/YPC #8505 NORTH LINE NE1/4 NW1/4 OUTLOT "H" TRACT "A" LOT 9 OUTLOT "1" TRACT"B" APPROX 1/4 1/4 LINE 2647.98' N89°56'07"E LOT 13 OUTLOT "D" S88°21'17"E 1150.52' W. SAN MARNAN DRIVE OUTLOT "E" OUTLOT "F" S89°4816'W 1323.34' WE PART- DRIV 391.86 "81 3g'52"w FND 1/2" REBAR w/ YPC #8505 LOT 10 LOT 11 OUTLOT"K" OUTLOT "J" FND 1/2" REBAR w/YPC #8505 APPROX 1/41/4 LINE L6 L7 L8 LOT 2 OUTLOT "G" LOT 12 775.36' N88°45'42' W SE CORNER NE 1/4 NW 1/4 FND 5/8" REBAR w/ IDOT ALUM DISK SOUTH LINE SE1/4 NW1/4 EAST LINE SE1/4 NW1/4 N 1/4 CORNER SECTION 9-88-13 FND 5/8" REBAR w/ ALUM CAP #12088 POINT OF COMMENCEMENT —L1 LOT R POINT OF BEGINNING iCIFen PARK 4110 LOT 2 ,IP'1,1� \'° DTP TOW FND 5/8" REBAR w/ ALUM CAP #12088 O N O O O! CO N 0 r O w � t 4°"tN6 ttD� Curve Table CURVE DATA ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD C1 82.18' 270.00' 17°26'19" N64°09'21"W 81.86' C2 254.11' 437.50' 33216'43" N17°55'25"E 250.55' LINE DATA LINE NUMBER BEARING DISTANCE L1 SO°30'26"W 33.00' L2 S76°01'43"E 165.06' L3 N55°26'13"W 17.26' L4 N34°33'47"E 91.13' L5 NO°34'15"E 112.05' L6 S86°14'28"E 109.53' L7 SO°30'33'W 25.45' L8 N89°48'11"E 26.01' CENTER SECTION 9-88-13 FND STONE N SCALE 1 "=300' 1551 0 300' CGA PROJECT NO. 5602 1 DATE OF SURVEY: 12-16-22 DRAWN BY: CAQ FIELD CREW: root SHEET NO. 2 OF 5 Page 62 of 521 NW CORNER NE 1/4 NW 1/4 SECTION 9-88-13 FND CUT "X" / FND CUT "X' - Op L24 Ap u- a Lo a v CLUJNTRY CENBER S ITION v- ADD L15 Ll Nv- s Park 2022 Version 23\Final Plat 02 1\DWG\Survey\San Marnin B L17 23 OUTLOT "C" q �* gI,0 9338 SF OUTLOT "D" OUTLOT"A"I A' OUTLOT '�B" AC 7337 SF OUTLOT "F" 19350 SF C 0.219679 SF 0.17 AC 8434 SF 290.144 AC S0.22 AC $150.5i'E W. SAN MARNAN DRIVE 0.19 AC 0 N89°48'11 "E 297.09' LOT 7 10.00'PUE 48457 SF 167.62' - NORTH LINE NE1/4 NW1/4 N89°48'11 "E o r 0 1.11 AC o0 oZ 33' WIDE INGRESS/EGRESS EASEMENT ir 2,338 SQ FT/ 0.05 ACRESil / / 317.06' o S89°48'16"W rs'ST LOT 8 FASFMFN�p9k� �q 53469 SF 1.23 AC 30.00' SANITARY SEWER EASEMENT 230.07' N86°01'34"W 96.48' N84°38'27"W OUTLOT "H" 32895 SF L14 0.76 AC C21 SEE DETAIL #1 _ SHEET 5 _ C26 — C9' T LOT 9 „----OUTLOT "I" 200089 SF 14836 SF 4.59 AC 0.34 AC 167.53' LOT 6 51520 SF 1.18 AC -05- TRACT "A" 101060 SF 2.32 AC 0 I L6 178.98' N89°48'11 "E C29 C27 178.89' LOT 5 53738 SF z 1.23 AC W CL d CD O a 0 C4 -C11. LOT 10 65091 SF 1.49 AC 156.93' S89°48'16"W 1323.34' N89°48'11 "E 20.00' STORM WATER EASEMENT 209.26' N87°42'25"W Lri 156.70' LOT 4 54003 SF 1.24 AC I 0-5 N 0 0 z 42 202.57' — N89°48'11 "E 0 rn 202.29' OUTLOT "E" 8303 SF 0.19 AC LOT 3 62332 SF • 1• .43 AC z L27 m N r 0 O LOT11 co W 53502 SF O W 1.23 AC 40.00' STORM WATER EASEMENT I\ N3 32gw N 1/4 CORNER — SECTION 9-88-13 FND 5/8" REBAR w/ ALUM CAP #12088 POINT OF COMMENCEMENT 148.11' N89°48'11 "E S86°14'28"E 109.53' N 0 20.00' SANITARY SEWER EASEMENT 3q N cO 0 O OCD 00 v 257.32' LOT 2 48584 SF 1.12 AC N90°00'00'W 256.65' OUTLOT "G" 50273 SF 1.15 AC S89°52'17"E OD C30 254.53' LOT 1 52129 SF 1.20 AC C1 — rn c28 TOWER PARK DRIVE c14 FND 5/8" REBAR w/ ALUM CAP #12088 LOT 12 53801 SF 1.24 AC — 308.92' — N83°59'23"W 10.00' PUE L12 L11 z vvoel LOT 1 TOWER PARR LOT 2 L18 TOWER SCALE 1 "=100' 1 00 ' CGA PROJECT NO. 5602 1 DATE OF SURVEY: 12-16-22 DRAWN BY: CAQ FIELD CREW: xxx SHEET NO. 3 OF 5 Page 63 of 521 L15 RS CENTER > ADDITION . Sp1E� LOT 2 IBC R RCLUB S ENTER ADDITION LOT 1 OUTLOT "H" \ . - 32895 SF /• L14 0.76 AC _ — 'o • C23 APPROX 1/41/4 LINE 0, M N 0 z < re • • —C21 SEE DETAIL #1 _ SHEET 5 C26 — C9' OUTLOT "I" 14836 SF 0.34 AC M N 63° 2pr�Iv86,90, 2o, Csi 0 LOT 13 74506 SF 1.71 AC FND 1/2" REBAR w/YPC #8505 N7g 0y,43,W FND 1/2" REBAR w/ YPC #8505 C16 M • • LOT 9 200089 SF 4.59 AC 61.46' NORTH ROW US #20 US #20 TO r� C.0 TRACT "A" 101060 SF 2.32 AC TRACT "B" 38055 SF 0.87 AC C15 -C17. C31 C32 LOT 14 71702 SF 1.65 AC 330.40' 391.86' N81'36'52',W C27 0 L6 (LP 0 LP 0M 0 M 0 • 1 C18 • C19 1 1 SZORMwATER —►1 20 0°U,SEK-"1 • a 0 LOT 10 65091 SF 1.49 AC 20.00' STORM WATER EASEMENT 209.26' N87°42'25"W FND 1/2" REBAR w/ YPC #8505 •• LID CO 7,9 42 Nsr°r , r •9663 4r,ip • C2 C13 LOT 11 c 53502 SF 1.23 AC 40.00' STORM WATER EASEMENT 3 5329"W IA A Sic . C35 • 0 0 0 0 0 34, N CO LOT 1 L. a 52129 SF 1.20 AC C30 C1— r N c28 TOWER PARK DRIVE c14 FND 5/8" REBAR w/ ALUM CAP #12088 LOT 12 53801 SF 1.24 AC OUTLOT "K" 111872 SF 2.57 AC 212.67' L28 N80°1424"W OUTLOT "J" 374655 SF 8.60 AC 308.92' — N83°5923"W • APPROX 1/4 1/4 LINE 775.36' N88°45'42"W 10.00' PUE CO 0 0 L12 r o C36 • 93.04' S87°51'09"W CV CO SE CORNER NE 1/4 NW 1/4 FND 5/8" REBAR w/ IDOT ALUM DISK 0 • NO°3026"E 1323.97' LOT 2 TOWER N SCALE 1 "=100' 0 100' CGA PROJECT NO.5602 1 DATE OF SURVEY: 12-16-22 DRAWN BY: CAQ FIELD CREW: xxx SHEET NO. 4 OF 5 Page 64 of 521 Curve Table CURVE DATA ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD C1 278.00' 580.24' 27°27'04" S85°17'21 "E 275.35' C2 17.35' 580.24' 1 °42'46" S62°03'05"E 17.35' C3 130.53' 562.82' 13°17'18" N67°50'20"W 130.24' C4 180.84' 562.82' 18°24'34" N83°41'16"W 180.06' C5 171.57' 562.82' 17°27'57" S78°22'28"W 170.90' C6 51.64' 562.82' 5°15'26" S67°00'47"W 51.63' C7 134.11' 437.50' 17033'48" N25°46'53"E 133.59' C8 130.77' 437.50' 17°07'34" N8°26'12"E 130.29' C9 218.84' 311.61' 40°14'18" N78°17'19"E 214.37' C10 221.12' 502.82' 25011'45" S72°15'37"W 219.34' C11 264.81' 502.82' 30°10'28" N80°03'16"W 261.76' C12 33.11' 502.82' 3°46'21" N63°04'52"W 33.10' C13 98.90' 640.24' 8°51'01" S65°37'12"E 98.80' C14 313.66' 640.24' 28°04'12" S84°04'49"E 310.53' C15 213.17' 370.00' 33°00'34" S80°47'19"E 210.23' C16 4.12' 435.99' 0°32'31" S64°33'16"E 4.12' C18 42.64' 370.00' 6°36'09" N79°24'20"E 42.61' C19 61.31' 436.00' 8003'26" S80°07'58"W 61.26' C20 46.39' 562.82' 4°43'20" S62°01'24"W 46.37' C21 224.66' 251.61' 51009'31" N83°34'49"E 217.27' C22 82.18' 270.00' 17°26'19" N64°09'21"W 81.86' C23 51.29' 311.61' 9°25'49" S76°52'38"E 51.23' C26 270.13' 311.61' 49°40'07" N83°00'13"E 261.75' C27 519.01' 502.82' 59°08'26" S89°14'06"W 496.28' C28 412.56' 640.24' 36°55'12" S79°39'18"E 405.46' C29 580.97' 562.82' 59°08'34" S89°14'01 "W 555.52' C30 383.00' 580.27' 37°49'04" S80°06'17"E 376.09' C31 255.81' 370.00' 39036'45" S84°05'23"E 250.74' C32 301.44' 436.00' 39°36'45" S84°05'23"E 295.47' C33 254.11' 437.50' 33°16'43" N17°55'25"E 250.55' C34 87.66' 580.24' 8°39'22" S67°14'08"E 87.58' C35 181.66' 440.00' 23°39'21" S87°55'55"W 180.38' C36 113.41' 545.00' 11°55'23" N86°12'06"W 113.21' LINE DATA LINE NUMBER BEARING DISTANCE L1 N43°53'58"E 31.12' L2 N61°11'41"W 39.99' L3 NO°34'12"E 31.28' L4 N25°36'56"W 30.39' L5 N59°39'44"E 25.71' L6 N89°35'12"W 25.72' L7 N64°17'13"W 74.51' L8 S64°16'48"E 75.60' L9 S55°26'13"E 17.26' L10 S0°30'33"W 25.45' L11 N89°48'11"E 26.01' L12 N89°29'34"W 26.00' L13 S59°39'44"W 26.54' L14 N70°50'26"W 13.00' L15 NO°32'34"E 2.27' L16 S63°20'17"E 55.69' L17 N34°33'47"E 18.52' L18 NO°30'26"E 13.09' L19 SO°18'13"W 37.77' L20 SO°00'19"E 44.28' L21 SO°11'44"E 49.32' L22 SO°11'34"E 55.08' L23 SO°11'44"E 60.47' L24 N89°59'23"E 37.50' L25 SO°30'26"W 33.00' L26 NO°34'15"E 112.05' L27 N90°00'00"E 31.81' L28 S76°06'15"W 8.40' L15 � L14 DETAIL #1 CGA PROJECT NO.5602 1 DATE OF SURVEY: 12-16-22 DRAWN BY: CAQ FIELD CREW: xxx SHEET NO. 5 OF 5 Page 65 of 521 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 October 16, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as November 6, 2023, on the request by IPE1031 REV279, LLC, (Cardinal Construction) to rezone approximately 2.48 acres from "C-P" Planned Commercial District, "B-P" Business Park District, and "R-4,R-P" Planned Residence District to "C-P" Planned Commercial District located at 945 Tower Park Drive, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicants are requesting to rezone the property containing 945 Tower Park Drive so that it has a single zoning designation. The location previously was the home for Veteran's Affairs which has moved to the former Hy-Vee location at University Avenue and Progress Avenue. The applicant is requesting the rezone the property since it currently has three different zoning designations. The reason for this unusual situation is that the property was rezoned on February 25, 2004 and the zoning was defined by a conceptual layout of future lots and roads. However, as the area developed it deviated from the original site plan therefore some properties ended up with multiple zoning designations. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding neighborhood which is composed of commercial uses. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held by the Planning, Programming, and Zoning Commission on October 10, 2023, and notice was sent to property owners within 250 feet. SOURCE OF EXPENDITURES N/A Page 66 of 521 ALTERNATIVE ACTION LEGAL DESCRIPTION COUNTRY CLUB BUSINESS CENTER THIRD ADDITION LOT 1 ATTACHMENTS 1. Council Packet Page 67 of 521 October 10, 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 IPE1031REV279 LLC (Cardinal Construction) to rezone approximately 2.48 acres from "C-P" Planned Commercial District, "B-P" Business Park District, and "R-4,R-P" Planned Residence District to "C-P" Planned Commercial District located at 945 Tower Park Drive . IPE1031REV279 LLC (Cardinal Construction), 1246 Martin Road, Waterloo, Iowa 50701 The applicant is requesting to rezone the property in question which currently has 3 different zoning designations into a single zoning, "C- P" 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 is located along Fisher Drive and will be extended in the future. The area of the proposed site is currently split with a portion zoned "R-4,R-P" Planned Multiple Residence District, "B-P" Business Park District and "C-P" Planned Commercial 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 — Green State Credit Union and Cedar Valley Hospice zoned "C-P" Planned Commercial District and "R-4,R-P" Planned Residence District South — Kwik Star and Grainger, zoned "B-P" Business Park District. East — Medical Offices zoned "R-4,R-P". West — Green State Credit Union, the Kwik Star Car Wash and Ansborough Avenue zoned "C-P" Planned Commercial District. 945 Tower Park Dr Rezone "R-4,R-P","B-P", and "C-P" to "C-P" Page 1 of 6 Page 68 of 521 October 10, 2023 DEVELOPMENT The surrounding development was constructed between 2008 and HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: 2020. There is no screening required in relation to this request. A drainage plan will not 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 0303F, dated July 18, 2011. 945 Tower Park Dr Rezone "R-4,R-P","B-P", and "C-P" to "C-P" Page 2 of 6 Page 69 of 521 October 10, 2023 Picture 1: 945 Tower Park Drive Picture 2: 945 Tower Park Drive. 945 Tower Park Dr Rezone " R-4,R-P"," B-P", and "C-P" to "C-P" Page 3 of 6 Page 70 of 521 October 10, 2023 Picture 3: Looking north at the Kwik Star. Picture 4: Looking east at the Kwik Star Car Wash. 945 Tower Park Dr Rezone " R-4,R-P"," B-P", and "C-P" to "C-P" Page 4 of 6 Page 71 of 521 October 10, 2023 Picture 5: Looking southeast toward Cedar Valley Hospice. PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: Lou Henry Elementary School is located 0.77 miles to the northeast, Hoover Elementary School is located 0.84 miles to the northeast, and West High School is located 1.50 miles to the northeast. There is a 8" sanitary sewer line located in Tower Park Drive and Fisher Drive, a 12" storm sewer located in Tower Park Drive, an 18" Storm Sewer located in Fisher Drive, a private storm sewer located on the property, overhead power lines located along San Marnan Drive, and 10' utility easements along street frontages. 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 approved on August 21, 2023. 945 Tower Park Dr Rezone "R-4,R-P"," B-P", and "C-P" to "C-P" Page 5 of 6 Page 72 of 521 October 10, 2023 STAFF ANALYSIS ZONING ORDINANCE: STAFF ANALYSIS SUBDIVISION ORDINANCE: STAFF RECOMMENDATION The applicants are requesting to rezone the property containing 945 Tower Park Drive so that it has a single zoning designation. The location previously was the home for Veteran's Affairs which has moved to the former Hy-Vee location at University Avenue and Progress Avenue. The applicant is requesting the rezone the property since it currently has three different zoning designations. The reason for this unusual situation is that the property was rezoned on February 25, 2004 and the zoning was defined by a conceptual layout of future lots and roads. However, as the area developed it deviated from the original site plan therefore some properties ended up with multiple zoning designations. There is no platting in relation to this request. Therefore, staff recommends that the request by IPE1031REV279 LLC (Cardinal Construction) to rezone approximately 2.48 acres from "C-P" Planned Commercial District, "B-P" Business Park District, and "R-4,R-P" Planned Residence District to "C-P" Planned Commercial District located at 945 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. It will simplify the zoning for the applicant and make the property be a single zoning designation. 945 Tower Park Dr Rezone "R-4,R-P","B-P", and "C-P" to "C-P" Page 6 of 6 Page 73 of 521 A-1 -R-4 Q Fti 'P /CiQSTLN� City of Waterloo Planning, Programming and Zoning Commission October 1o, 2023 M-2 P R-3\,C-Z !A-1I R-4 —I R-3 R-2, C-2 C=Z' •�'s R-4,C-Z ' ' R-4,R-P 0 C-1 A-1 l4NLN ' Ry4, O W.-RIDGEWAYAVE C-ZP. m 1 �Q ~ w PORTER DR W W l m I— — —HILLTOP RD-- Z �" Z W m A W U o Z I --I U Q--MEADOWLN—U RACyq cr I w z ▪ 41 R-3 I Fc I u) — -R', sT ° °cc 0 W \ MI DLOTHIAN BLVD ' LI `ESTYLE LN 1 R=1: C-Z� R-3 N Q ��o� .S-10 —GLENCOF;gf � V =R-3, R-P 1_2 0 • z cn vL CI J z m R-4 ``\ OLYMPI C DR �. W C-1 R4 R-3 W.-SANMARNANDR a Ip C-1- Cr 0 U R-3 A � R-2 0 co m \ R-4,R-P C-P—To`O�R PARkkR �C LI ?SC-2,C-Z z R-4 r B-P W. SHAULIS RD IC-2 ANDERSON DR 945 Tower Park Drive Rezone from "B-P", "C-P", and "R- 4,R-P" to "C-P" IPEio3REV279LLC City of Waterloo Planning, Programming and Zoning Commission October 10, 2023 945 Tower Park Drive Rezone from B-P , "C-P", and R- 4,R-P" to "C-P" IPE1o3REV279LLC Pnnr-7SofS91 w E °F '""'F 3, ::�� 7v11 o City of Waterloo Planning, Programming and Zoning Commission October 10, 2023 945 Tower Park Drive Rezone from "B-P", "C-P", and "R- 4,R-P" to "C-P" IPEio3REV279LLC 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): I ?E 1()31(l✓\J/_--i oi it, ((,Ardivt`ti /ARAtitviA f `i tm l 1 0 Address: voile IMAvkiw g-A Phone: Fax: City: W/j ,vliri) State: 11,As 1/4. Zip: 50'1 01 Email: 1/1401.4/1 e0vllimnl`4ntit. ttt►.1A b. Status of applicant(: (a) Owner „C (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: City: State: Email: 2. PROPERTY INFORMATION: Fax: Zip: a. General location of property to be rezoned: '1 /t-5 17oW fit. VAvV-dt V1)r1�V\6ro, 1* "1U t ONw /AAA9 t4,v4 ' C 'r `MnvA �iov►, w-��, b. Legal descri ion of property to be rezoned: c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): d. Area of Proposed Zoning Boundary (Excluding Right of Way): • e. Current zoning: (7-17) t'-' a, - t Requested zoning: (,-. I) f. Reason(s) for rezoning and proposed use(s) of property: 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 ofihe 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 11 penalties of perjury that all information on this request and submitted along with it is true and correct. All infor ati• t s •ntitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo Ci Coun' I in making their decision. The undersigned authorize City Zoning Officials to enter the property in qt Lion n rega -ds to the request. pplicant 11 't_oz� ate Signature of Owner Date Page 77 of 521 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 October 16, 2023 AGENDA ITEM TITLE Resolution setting date of public hearing as November 6, 2023, for the sale and conveyance of city - owned property to M&MB Legacy, LLC, in the amount of $1.00, with a Phased Development and Minimum Assessment Agreement in the amount of $265,000.00, for the construction of a 5,000 square foot industrial and a 4,000 square foot future expansion, located south of 2330 GT Drive, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to set the date of public hearing as November 6, 2023, for the sale and conveyance of city -owned property to M&MB Legacy, LLC, in the amount of $1.00, with a Phased Development and Minimum Assessment Agreement in the amount of $265,000.00, for the construction of a 5,000 square foot industrial and a 4,000 square foot future expansion, located south of 2330 GT Drive, and instruct the City Clerk to publish notice. The new building will be a truck repair facility with two workbays and an office area and the use would not negatively impact the area as it is compatible to existing industrial uses in the area. NEIGHBORHOOD IMPACT The new structure is compatible with existing industrial uses in the area. DATA, ANALYSIS, AND STRATEGIES Economic Development IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The site plan amendment for this development was approved by the City Council on October 2, 2023. SOURCE OF EXPENDITURES TIF Rebates Page 78 of 521 ALTERNATIVE ACTION LEGAL DESCRIPTION Lot 14, Northeast Industrial Park Plat No. 3, City of Waterloo, Black Hawk County, State of Iowa. ATTACHMENTS 1. Development Agreement 2. Site Plan 3. Building Elevation 1 4. Building Elevation 2 Page 79 of 521 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 M & MB Legacy 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 Northeast Industrial Area Urban Renewal and Redevelopment Plan Area (the "Urban Renewal Area"), pursuant to the Northeast Industrial Area 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 80 of 521 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 building of approximately 5,000 square feet. B. Phase 2. An addition to or expansion of the Phase 1 Improvements of no Tess than 4,000 square feet (Optional). 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." Phase 2 Improvements (Optional) completed within the schedule 2 Page 81 of 521 established by Section 4 below will be eligible for the benefits provided for in this Agreement, and any phase of the Improvements not completed within the prescribed period will not be eligible for said benefits. 3. 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 82 of 521 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 (Optional) within five (5) years from the date of this Agreement (the "Phase 2 Completion Deadline") in order to qualify for the property tax rebates described in Section 9 below. 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 4 Page 83 of 521 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 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 $265,000.00 (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 84 of 521 (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 2 Improvements (Optional) 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 2 Improvements, as follows: Year One through Year Five 50% rebate each year for any assessed value added by the completed Phase 2 Improvements (each such payment is a "Rebate") over the assessed value of the Property before completion of Phase 2 Improvements. 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 Phase 2 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 Phase 2 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 Phase 2 Improvements due to partial completion of such Improvements or a partial Fiscal Year. As an example of the above provision, in the event Phase 2 Improvements on the Property are completed prior to January 1, 2029 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, 6 Page 85 of 521 the property taxes that would be assessed based on the January 1, 2029 assessed value would be for the Fiscal Year ending June 30, 2031, with the taxes payable one- half by September 30, 2030 and one-half by March 31, 2031, then the first Rebate could be applied for after March 31, 2031 and prior to April 1, 2032. 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 86 of 521 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 and/or amendment of the 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. 8 Page 87 of 521 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 the MAA termination date, 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 the MAA termination date, 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 88 of 521 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 or City ordinance, 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 89 of 521 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 90 of 521 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 91 of 521 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 92 of 521 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. Broker. The parties acknowledge that Chris Fischels of Fischels Commercial Group provided services to facilitate the transactions represented by this Agreement. Fischels is a licensed real estate broker in the State of Iowa. City will pay to Fischels a $7,950.00 fee as compensation for his services. 24. 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: 14 Page 93 of 521 (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 1(011 C 2-I° 8 Mtt cu `(, Attention: Mark Brown. 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. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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 15 Page 94 of 521 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. 30. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 31. 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. 32. 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. 33. 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 M & MB Legacy LLC By: By;. , —‘ Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk ro MarkBrown 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. 16 Page 95 of 521 EXHIBIT "A" Legal Description of Property Lot 14, Northeast Industrial Park Plat No, 3, City of Waterloo, Black Hawk County, State of Iowa Page 96 of 521 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"), M & MB Legacy 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 Northeast Industrial Area 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 lowa 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 $265,000.00 (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 97 of 521 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 law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or 2 Page 98 of 521 (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 99 of 521 CITY OF WATERLOO, IOWA M & MB Legacy LLC By: By: Quentin Hart, Mayor ark Brown By: Kelley Felchle, City Clerk 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 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 100 of 521 STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on 040/9L17 , 2023 by Mark Brown as (')(,)i)e..47 of M & MB Legacy LLC. MELISSA YOUNGBLUT COMMISSION NO. 74T753 MY COMMIS MISSION EXPIRES Notary Public 5 Page 101 of 521 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 Hundred Sixty -Five Thousand and 00/100 Dollars ($265,000.00) 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 102 of 521 reliminary Design \23-DS 267- (Prelim it F I— \1\ N \ j 1 6 ) 1 1 « l N o I \ I \ \ E 1 , — \ 4/ \ 1 \ 1 c— / 1 �1 1 1 A 1 1 s 1 -' 1 N 1 it 1 1 l ss \� 1 StS(D) sts(D)---MID) _ ---J -V— L —D) W(0) — — — — 0 W(D) W(D) �� L---E(D)7, ---E(D)— San(D)— — — — — — san(D)- \ 1 PARKING LOT SETBACK 1 I 1= _ �I � o s —i— i I I I I I . -/ 11 II / \ I T 1 /...878 ( a I I � / ) \ ( \ \ \ \'�n/°j,. \ \ \ 0�9 I 2 \ i g or, \s1 \ \\ \ �� \ \/ \ i\ 514 0 \ \ \ \ \ \ \ �w°\� \ -,N• — m\ \ o a \ 4w \ \ \ \ —gym m - 'ems V A •�a�-'s7a�x -es ejs. ',� `b I �\ A s �� \ - \ \ -_ \ \ \ ` \ -sis(D� \ 7 \''0Dj \\\_ - \\7\ \• 7 \\w \ \ \ 7 \ \ \ _ \ �w1Dj \ \ (0ji \ \ \ \ \ _\ — °i �I \' \I — �\ \ \ \ \wmi\ \ — \ o isn N. \ \ —L —\ �i \ ,.—� \ \\ \ N. � ^ 7— \-- PROPOSED OFFICE BUILDING 1,040 SF r— 2 CJ 7 (D) Ptiy � \ \ 7 / \ \ r / IS5(D) 4(g W(D)—i—W(D) / w(D) —EIS E(D)--- , E(D) — — — — an(D) San(D) 9N-s 2 ( co- leez J 15' — 15 i / i / 7) <� A \ \ \ / / / ___/ / / 1 /, / / <� /— v \ �' I / v \ \ V / \ ��i 1 8 \ I �// ) I I --/�(slo) s1s(D) s(s(D)---—�srs(o)--- Jsa(ol-- ASaNI-- �s(slDl- l w(D W)O) of Wcol — — — J�1— — — — DI (ol — — — E(ol/ — — — — E�1 / — — E of E)D) — — — E(D)- Elo)� — — — EIDI� — — — Elo) Elo)� — E(DI� — 3aWW. S f(D) SS)— — — — /San(D)— — — — c5fyn10)— — — San(DI— — — f SanIDJ— — — — San(D) San(D)— — 7 / 1 i / / / 1 / / /� 7 / / / / / / _/ / /7 / 1 I �I / / / // 7- 7 J —�//— ( / / / - // r- 0� r — —1— —7 7— / r I 1 ( ( / ) / / I \ ) 1 / 1 I I\ 1 —\ 1 I \ \ I \ l \ \ V I I v \\ 1\ \ I\ \� V A\ \ 1 \ 7 \ \ \ 1 \ \ \ \ \ S )"+ID(D) 1 \ 7 1 ) \ \ rt- I----- \—\\- \` 'wrq � \ 1 1 r—�—w(m GRAPHIC SCALE NO. REVISION BY DATE NO. REVISION BY DATE Clapsaddle-Garber Associates, Inc 5106 Nordic Drive Cedar Falls, Iowa 50613 Ph 319-266-0258 NE INDUSTRIAL PARK BUILDING WATERLOO, IOWA REFINED PRELIMINARY LAYOUT #3 CONCEPT PROJECT NO. 60' CHECKED: ---- DATE - APPROVED: DATE - 23-DS-0267 SHEET NO. 1 OF 1 Page 103 of 521 STEEL ROOFING -0:12 PITCH wXH 1T HEEL ummmmummuum uimmmmmmmmI 00 STEEL ROOFING -0:12 PITCH with 12• HEEL CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 16, 2023 AGENDA ITEM TITLE Motion approving Final Quantity Summary with Lodge Construction, Inc., of Clarksville, Iowa, for a net increase of $58,041.10, in conjunction with the FY 2021 Westdale Bioswale, Contract No. 997, 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 increase 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. #997 FINAL SIGNED Page 106 of 521 Page 107 of 521 CITY OF WATERLOO, IOWA FINAL QUANTITY ADJUSTMENT PROJECT: F.Y. 2021 WESTDALE BIOSWALE CONTRACT NO. 997 Date Prepared: SEPT.22, 2023 AMOUNT: $58,041.10 INCREASE TO: LODGE CONSTRUCTION INC. , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated July 6, 2021. A. Description of change to be made or extra work to be done: Adjust construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As -built quantities varied from some bid items C. Settlement for cost of work to be made as follows: TOTAL INCREASE BY: LODGE CONSTRUCTION INC. Mayor ATTEST: Date CONTRACTOR City Clerk BY: TITLE: $58,041.10 Date Date APPROVED: ity Engineer at Final Qty. Adjustment Contract No. 997 Sheet 1 of 3 Page 108 of 521 FY 2021 City of Waterloo Westdale Bioswale FINAL Contract No. 997 PERIOD: Bid Item Item Description Unit Original Bid DA-v Final Quantity Quantity Differenr_e Contractor Unit Price Contractor Bid Price Ext. Increase/ Decrease 1 Clearing & Grubbing (Vegetation) Acres 0.61 0.61 0.00 3,850.00 5 2,348.50 - _ Clearing & Grubbing (WiNows) Acres 0.37 0.37 0.00 7,150.00 2, .50 - 3 Clearing & Grubbing (Trees) Acres 0.66 0.66 0.00 5 5,000.00 3,300.00 5 - 4 Tree Removal Each 1.00 1.00 0.00 5 3,000.00 3,000.00 - 5 Snow Fence Protection Lin Ft 760.00 500.00 (260.00) 5 4.00 5 2,000.00 5 (1,040.00) 6 36" Dia_ Storrs Apron - Remove & Reinstall Each 1.00 0.00 (1.00) 5 1,650.00 - 5 (1,650_00; 7 36" Dia, Storm Apron - New Each 1.00 1.00 0.00 5 2,200.00 2,200.00 8 24" Dia. St Apron - Remove & Reinstall Each 100 0.00 (1.00) 5 1,375,00 $ -5 (1,375.00) 9 24" Dia. Storm Apron - New Each 1.00 1.00 0.00 1,650.00 1,650.00 5 - 10 12" Dia, Storm Apron - Remove & Reinstall Each 1.00 0.00 (1.00) 1,100.00 - 5 (1,103.00', 11 12" Dia. Storm n - New Each 1.00 103 0.0) 5 1,375.00 5 1,375.00 12 24" Dia. RCP - Remove and ReiiR.tall Lin Ft 20.00 0.00 (20.00) 5 94.00 5 -5 ( .00) 13 12" Dia. RCP - Rernova and Dispose Lin Ft 10.00 10.00 0.00 $ 28.00 280.00 5 - 14 Chain Link Fence - Remove & Replace Lin Ft 125.00 86.00 (39.00) 5 57.00 5 4,902.00 (2,223.00) 15 Grading - Waste Removal Cu Yds 4000.00 4000,00 0.00 $ 12.00 $ 48,000.00 - 16 Grading - New Channel Cu Yds 720.00 720.00 0.00 $ 6.00 5 4,320.00 - 17 Grading - Fill Areas Cu Yds 880.00 880.00 0.00 6.00 5,280.00 5 - 18 Topsoil - Stockpile and Respread CU Yds 4000.00 4000.00 0.00 $ 6.00 5 24,000.00 5 - 19 36" Dia_ Storm Sewer Pipe Lin Ft 92.00 92.00 0.00 112.00 $ 10,304.00 5 - 20 24" Dia_ Storm Sewer Pipe Lin Ft 45.00 45.00 0.00 71.00 3,195.00 5 - 21 Storm SeWer Ma nhde - 60" Dia. (SW-401) Each 2.00 2.00 0.00 5 7,000.00 5 14,000.00 - 22 Sanitary Sewer Manhole Adjustments Each 2.00 2.00 0.00 5 3,300.00 6,600.00 - 23 Retaining Walls Lin Ft 165.00 165.00 0.00 185.00 $ 30,525.00 - 24 Turf Reinforcement Mat (TRM) Sq Yds 110.00 110.00 0.00 5 20.00 2,200.00- 25 Concrete Floor (Forebay) Sq Ft 610.00 610.00 0.00 20.00 $ 12,203.00 5 - 26 Engineered Soil Cu Yds 113.30 167.30 54.00 220.00 36,806.00 11,880.00 27 Choker Aggregate Tons 8.00 8.00 0.00 5 93.00 5 744.00 5 - 28 Stone Aggregate Tons 81.00 81.00 0.00 5 71,00 5 5,751.00 5 - 29 6" Dia. Perforated Subdrain Lin Ft 755.00 755.00 0.00 $ 14.00 $ 10,570.00 - 30 6" Dia. Solid Subdrain Lin Ft 50.00 50.00 0.00 5 24.00 5 1,200.00 - 31 6" Da. So/id Subdrain Risers Wr/ Cap Each 5.00 6.00 1.00 600.00 3,600.00 5 600.00 32 Engineering Fabric Sc Ft 450.00 450.00 0.00 5.00 2,250.00 33 Granular Subbase Tons 164.20 164.20 0.00 5 40.00 5 6,568.00 - 34 Rip Rap Stone Tons 20.00 200.00 180.00 105.00 5 21,000.00 18,900.00 35 Erosion Control Mat Sq Yds 850.00 200.00 (650.00) $ 3.00 600.00 (1,950.00) 36 Channel Erosion Protection Lin Ft 426.00 426.00 0.00 $ 7.00 5 2,982.00 37 Channel Erosion Protection Maintenance Each 4.00 1.00 (3.00) 5 550.00 550.00 5 (1,650.00) 38 Temporary, Seeding Acres 1.80 2_22 0.42 2,750.00 6,105.00 1,155.00 39 .Apron Footing Each 4.00 3.00 (1.00) 5 800.00 $ 2,403.00 (80100) 40 Intake Protection Each 2.00 1.00 (1.00) 220.00 s 220.00 (220.00) 41 Intake Protection Maintenance Each 4.00 2.00 (2.00) 5 55.00 110.00 5 (110_00) 1000 Turf Reinforcement Mat (TRM) Sq Yds 50.00 496.00 446.00 5 23.00 $ 11,408.00 $ 10,238.00 1001 Rip Rap Stone Tons 10.00 32.00 22.00 75.00 2,400.00 1,650.00 1002 Erosion Control Mat Sq Yds 100.00 5400.00 5,300.00 6.00 5 32,400.00 31,800.00 1003 Intake Protection Maintenance Each 4.00 2.00 (2.00) 250.00 500.00 (500.00) 1004 Seeding- Native Grass Acres 0.57 0.57 0.00 6,000.00 5 3,420.00 - 1005 Seeding. Pollinator Mix Acres 0.60 0.60 0.00 5 6,000.00 3,600.00 - Seeding.1006 Urban Seeding Acres 0.31 0_85 0.54 5 7,502.006,375.00 4,050.00 1007 Seeding - Wetland Mix Acres 0.25 0.30 0.05 9,002.00 5 2,700.00 450.00 1008 Sodding Sq Ft 7430.00 6580.00 (850.00) 1.25 8,225.00 5 (1,062.50) 1009 Tree - Thornless Common Floneylocust Each 2.00 2.00 0.00 5 600.00 1,200.00 - 1010 Tree - Bur Oak Each 5.00 5.00 0.00 $ 600.00 3,000.00 - 1011 Tree - Silver Maple Ead-i 2.00 2_00 0.00 $ 500.00 5 1,000.00 - 1012 Tree - Prairie Rose Crabapple Each 3.00 3.00 0.00 $ 500.00 1,503.00 - 1013 Signage for Practices - Posts and Hardware Each 8.00 3.00 (5.00) $ 315.00 945-00 (1,575.00) 1014 Signage for Wetlands - Posts and Hardware Each 14.00 11.00 (3.00) 315.00 $ 3,465.00 (945.00) 1015 Large Post to Delineate ettand Are Each 13.00 0.00 (13.00) $ 500.00 $ - $ (6,500.00) 1016 Snow Fence Removal Lin Ft 1295.00 500.00 (795.00) 1.50 $ 750.00 5 (1,192_50) 1017 12" Dia. Field Tile Lin Ft 20.00 20.00 0.00 16.00 320.00 - /018 Feld Tile Rodent Protect Each 1.00 1.00 0.00 S 110.00 110.00 - 1019 Sanitary Manhole Addrtional Materials Each 2.00 2.00 0.00 5 500.00 $ 1,000.00 - Final Qty. Adjustment Contract No. 997 ShWe°109 of 521 2001 Remove Sanitary anhoe Each 1.00 1.00 0.00 $ 4,000.00 4,000.00 5 - 3031 Holes drOed in Forebay Lump Sum 1.00 1.00 0.00 5 960.00 5 960.00 5 - 4030 Turf Reinforcement Mat (TRMI Sq Yds 496.00 496.00 0.00 5 20.00 9,920.00 - 4001 Erosion Control Blanket Sq Yds 544)0_00 5403.00 0.03 5 4.00 5 21,600.00 5 - 4002 Flex Mat for Forebay Bottom Sq Ft 25.03.00 3189.00 689.00 5 9.90 31,571.10 5 6,82110 401)3 Excavation and Regrading Cu Yds 100.00 100.00 0.00 9.00 900.00 5 - 4004 Rip Rap along Strearrobank Tons 20,00 20.00 0.00 5 105.03 5 2,100.00 5 - 4005 Engineering Fabric under Rip Rap Sq Yds 150.00 150.00 0.00 5 5.00 5 750.00 5 - 4006 Fiowable Mortar over rock at Retaining Wall Lump Sum 1.00 1_00 0.00 5 2,890_90 5 2,800.00 5 - 4007 Reseeding Urban Area Acres 0.50 0.00 (0.50) 5 7,500.00(3,750.00; 5 - PROJECT TOTALS 5 444,709.10 58,041.10 PAYMENTS: PAY EST. *1 5 62,485.30 PAY EST, #2 5 75,523.10 PAY EST. #3 5 96,338 30 PAY EST. 5 33,098.00 PAY EST. #5 82,462.85 PAY EST. #6 64,077.50 PAY EST. #7 6,480_04 RETAI NAGE $ 22,235_01 TOTAL PAYMENT 5 444,700.10 CHANGE ORDER: C041 47,885 00 4,000.00 CO#3 5 960.00 66,570 00 CO TOTAL 1.19,415.00 ORIGINAL CONTRACT AMOUNT 267,244.00 CHANGE ORDER TOTAL 119,415 00 REVISED CONTRACT AMOUNT $ 386,659 90 FINAL QUANTITY SUMMARY 58,041.10 FINAL CONTRACT AMOUN1 5 444,700.10 Final Qty. Adjustment Contract No. 997 ShrAg3eofil of 521 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 16, 2023 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $444,700.10, in conjunction with the FY 2021 Westdale Bioswale, Contract No. 997, 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 111 of 521 None Page 112 of 521 CITY OF WATERLOO, IOWA FINAL QUANTITY SUMMARY PROJECT: FY 2021 Leversee Road Lift Station , CONTRACT NO. 983 Date Prepared: 10/5/2023 AMOUNT:-$215.00 TO: Arends Excavating , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated December 28, 2020. A. Description of change to be made or extra work to be done: Adjust original construction quantities to actual construction quanitities B. Reason for ordering change or extra work: As constructed quantities differed from bid quantities on some items C. Settlement for cost of work to be made as follows: Compensation already made to contractor through bid items-$215.00 (See attached Summary) BY: Mayor ATTEST: Total Net Decrease-$215.00 jkv.e as &XCl \i tAej Date CONTRACTOR BY:y� 4s� iol N�i3 Date TITLE: Meivv\AotAi City Clerk Date APPROVED: City Engineer at Page 113 of 521 FY 2021 Leversee Road Lift Station - City Contract No. 983 CONTRACT WORK COMPLETED ITEM NO. DESCRIPTION OF WORK UNITS QUANTITY UNIT PRICE QUANTITY INCREASE/ DECREASE QUANTITY AMOUNT 2.01 TOPSOIL, ON SITE CY 550.0 $14.54 550.0 0.00 $ - 2.02 EXCAVATION, CLASS 10 CY 2,850 $5.26 2,850.00 0.00 $ - 2.03 SUBGRADE PREPARATION, 12" SY 1,270 $1.18 1,270 0.00 $ - 2.04 SUBBASE, 6", MODIFIED SY 190 $6.31 190 0.00 $ - 4.01 SANITARY SEWER, GRAVITY MAIN, TRENCHED, TRUSS, 12" LF 118 $67.79 118 0.00 $ - 4.02 SANITARY SEWER, FORCE MAIN, TRENCHED, PVC, 6" LF 175 $52.00 175 0.00 $ - 5.01 WATER MAIN, TRENCHED, DIP, 6" LF 50 $60.00 48 -2.00 $ (120.00) 5.02 FIRE HYDRANT ASSEMBLY EA 1 $8,188.00 1 0.00 $ - 6.01 SANITARY MANHOLE CONNECTION EA 2 $2,650.00 2 0.00 $ - 6.02 SW-515 INTAKE RECONSTRUCTION EA 1 $5,200.00 1 0.00 $ 7.01 CURB AND GUTTER REMOVAL LF 91 $55.00 91 0.00 $ 7.02 PAVEMENT, C-SUD PCC, 9" SY 167 $114.99 167 0.00 $ - 7.03 GRANULAR SURFACING, 12" SY 965 $12.00 1,015 50.00 $ 600.00 8.01 TEMPORARY TRAFFIC CONTROL LS 1 $1,500.00 1 0.00 $ - 9.01 HYDRAULIC SEEDING, FERTILIZING, AND MULCHING AC 1 $13,444.44 1 0.00 $ - 9.02 8' SECURITY CHAIN LINK FENCE LF 244 $38.06 244 0.00 $ - 9.03 8' SECURITY FENCE GATE EA 2 $1,000.00 2 0.00 $ - 9.04 SILT FENCE, INSTALLATION LF 575 $3.50 487 -88.00 $ (308.00) 9.05 SILT FENCE, MAINTENANCE LF 575.00 $0.52 0.00 -575.00 $ (299.00) 9.06 SILT FENCE, REMOVAL LF 575.00 $1.00 487.00 -88.00 $ (88.00) 9.07 INLET PROECTION DEVICE, INSTALLATION EA 2 $50.00 2 0.00 $ - 9.08 (INLET PROTECTION DEVICE, MAINTENANCE EA 2 $50.00 2 0.00 $ - 9.09 INLET PROETECTION DEVICE, REMOVAL EA 2 $50.00 2 0.00 $ 9.1 STABILIZED CONSTRUCTION ENTRANCE, INSTALLATION EA 1 $1,080.00 1 0.00 $ 9.11 STABILIZED CONSTRUCTION ENTRANCE, MAINTENANCE EA 1 $360.00 1 0.00 $ - 9.12 STABILIZED CONSTRUCTION ENTRANCE, REMOVAL EA 1 $1,080.00 1 0.00 $ - 9.13 SEEDING, FERTILIZING AND MULCHING AC 5 2 -3.00 $ - 9.14 MULCHING AC 5 2 -3.00 $ - 11.01 MOBILIZATION LS 1 $5,000.00 1 0.00 $ - 12.01 UNIT MASONRY ELECTRICAL CONTROL BUILDING LS 1 $37,680.00 1 0.00 $ - 12.02 ELECTRICAL PACKAGE, GENERAL ELECTRICAL REQUIREMENTS INCL. GENERATOR LS 1 $232,212.00 1 0.00 $ - 12.03 WET WELL AND PUMP CONTROL SYSTEMS LS 1 $140,250.57 1 0.00 $ - 12.04 VALVE VAULT LS 1 $20,480.00 1 0.00 $ - 12.05 AIR RELEASE MANHOLE LS 1 $14,464.50 1 0.00 $ - 12.06 METERING MANHOLE LS 1 $12,687.00 1 0.00 $ - CO 1.1 GENERATOR BOLLARDS LS 1 $11,048.42 1 0.00 $ - CO 1.2 GENERATOR SIGNAGE LS 1 $518.65 1 0.00 $ - CO 1.3 FIRE EXTINGUISHER AND SIGNAGE LS 1 $696.39 1 0.00 $ - CO 1.4 CHANGE PANEL RATING TO NEMA 12 LS 1 $2,807.04 1 0.00 $ - CO 1.5 ADDITIONAL CONDUIT TO SEPARATE CIRCUITS LS 1 $6,230.91 1 0.00 $ - CO 2.1 TOPSOIL, HAUL AND SPREAD (2001) LS 1 $2,205.00 1 0.00 $ - CO 2.2 FENCING, ADDITIONAL LS 1 $2,500.00 1 0.00 $ - CO 3.1 WET WELL CONTROL RACK INSTALLATION LS 1 $13,827.36 1 0.00 $ - CO 4.1 CONTROL BUILDING CEILING INSTALL WITH ELECTRICAL ADJUSTMENTS LS 1 $9,350.00 1 0.00 $ - COST SUMMARY TOTAL DECREASE $ (215.00) Total Contract $588,788.26 Change Order 1 $21,301.40 Change Order 2 $4,705.00 Change Order 3 $13,827.36 Change Order 4 $9,350.00 Liquidated Damages ($54,000.00) Final Quantity Summary ($215.00) Final Contract Amount $583,757.02 PAYMENTS TO CONTRACTOR Estimates 1-8 $536,229.76 Estimate 9-Semi-Final $15,639.41 Retainage $31,887.85 TOTAL PAID TO CONTRACTOR $583,757.02 Page 114 of 521 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department October 16, 2023 AGENDA ITEM TITLE Resolution approving cancellation of assessments for properties listed on Exhibit A, and authorizing the City Clerk to notify the Black Hawk County Treasurer of said cancellation. 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. Exhibit A - Council Date 10.16.23 Page 115 of 521 Exhibit A - Council Date: 10/16/2023 PARCEL NUMBER ADDRESS SEWER STORM GARBAGE WATER 1 891325283013 1671 Sycamore St $1,120.58 $344.58 $859.20 2 891335130005 908 Denver St $105.42 $26.74 $91.75 $110.02 3 891327434005 1619 W 2nd St $40.18 $27.46 $69.29 $61.99 4 891314376005 733 W Parker $55.66 $106.05 $137.11 5 3004 Angeles Dr Page 116 of 521 CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Keith Kaspari, Director of Aviation Airport Department MEETING DATE October 16, 2023 AGENDA ITEM TITLE Resolution providing support for the Waterloo Regional Airport five -Year and Long Range Needs Analysis for the Waterloo Regional Airport's Capital Improvement Program, for FY 2024 thru FY 2033, as supported by the Waterloo Airport Board, and instruct the staff to submit to the Federal Aviation Administration. RECOMMENDED COUNCIL ACTION Approve of the request by the Airport Director SUMMARY STATEMENT AND BACKGROUND INFORMATION As required by the Federal Aviation Administration, every year, Airport Sponsors are required to provide an updated 5-Year Airport Capital Improvement Plan; in addition to a recommendation of Airport needs for years 6-10, via a Long Range Needs Analysis (LRNA). This plan, as supported by the Airport Board, provides a request of critical and a priority list of projects for the coming 5-Years and 10-Years. As you can see, ALO Staff along with the Airport Board, is supportive of the continued and on -going program for the rehabilitation or reconstruction of aircraft movement areas (Runways & Taxiways) on the airfield. NEIGHBORHOOD IMPACT Projects should have a minimal impact on the traveling public for projects in the first 5-Years Term, except the runway intersection projects in FY's 2025 & 2026, whereby the Airport Director, would recommend the rehabilitation of the runway intersection, as follows - after, Staff confirms what type of pavement the FAA would support - Asphalt or Concrete: 1. Complete the work at night. Concerns: 1-A Night work usually comes with a higher price - due to it being night work; 9:00 P.M. to 5:00 A.M. 1-B Extends the project over a course of multiple days due to it being piece-mealed over multiple days. 2. Physically close the airport over a series of weekends, as follows, and Concerns: Page 117 of 521 2-A. Close the airport at 9:00 P.M. on Friday, or after the last scheduled flight for the day, and re- open on Monday morning at 5:00 A.M. 2-B. Pending the time of the start -stop, can the schedule and work be completed so as not to interrupt the Charter season for UNI Athletics? DATA, ANALYSIS, AND STRATEGIES N/A IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION While the projects contained in the FY-2024 program, are not a concern, certainly for the runway intersection projects as described in FY's 2025 & 2026, will, and without question, require careful phasing and coordination with all airport tenants. COMMUNITY ENGAGEMENT METHODS Numerous tenant meetings will be required to carefully phase these two projects for FY's 2025 & 2026 so as to minimize any interupption to tenant aircraft operations. SOURCE OF EXPENDITURES See annual projects as listed. The projects listed shall be funded by a combination of funding sources, as follows: A. ALO's Annual Airport Imrpovement Program (AIP) Entitlement Funds; B. BIL - Bi-Partisan Infrastructure Legislation Funds; and, C. City of Waterloo required 10% Sponsor Match. ALTERNATIVE ACTION No Project Alternatives are recommend for each of the 5-Years, and the LRNA's Years 6-10. LEGAL DESCRIPTION N/A ATTACHMENTS 1. 09 25 2023 ALO 5 Year ACIP and LRNA Page 118 of 521 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) (2024-2028) WATERLOO REGIONAL AIRPORT Prepared for: Waterloo Regional Airport WATERLOO REGIONAL AIRPORT Prepared by: AECOM AECOM September 25, 2023 Page 119 of 521 C IOWADDT Forrn 291111 (01-2O) Waterloo Regional Airport ALO Airport FAA Identifier FEDERAL AIRPORT IMPROVEMENT PROGRAM (AIP) PREAPPLICATION CHECKLIST Please attach the following documents with your application. ® Sponsor Identification Sheet for the Airport Capital Improvement Program (CIP) Data Sheet (one for each project listed in the first three years of the CIP) and detailed cost estimate for each data sheet 12 Five -Year CIP [� Long -Range Needs Assessment ❑ Verification of an updated airport layout plan (ALP) (when applying for new construction of buildings or airfield expansion) ❑ Verification of completed environmental processing in accordance with National Environmental Policy Act of 1969 ❑ Verification of completed land acquisition or signed purchase agreement Verification of pavement maintenance program (when applying for pavement preservation or reconstruction) 2 If requesting federal assistance for snow removal equipment, please include an inventory of the existing equipment and calculations based on Chapters 4 and 5 of the Airport Winter Safety and Operations Advisory Circular (AC) 150/5200-30 and the Airport Snow and Ice Control Equipment AC 150/5220-20 showing the minimum equipment needed, along with the Airport Capital Improvement Plan (ACIP) Data Sheet, include a copy of a completed Federal Aviation Administration's snow removal equipment spreadsheet. ❑ If requesting federal assistance for general aviation apron expansion, include a copy of a completed FAA apron design spreadsheet. ❑ If requesting pavement reconstruction, submit an engineering report showing the need for the reconstruction as part of the CIP justification. ❑ For revenue -producing facilities (i.e., fueling facilities and hangars), please submit: 1) A statement that airside development needs are met or include a financial plan to fund airside needs over the next three years. 2) A statement that runway approach surfaces are clear of obstructions (the FAA Airport 5010 should show at least a 20:1 clear approach). 3) Justification for the project. EI System for Award Management (SAM) registration is up to date (www.sam.gov) Please e-mail this form with supporting documents identified in the checklist to shane.wright©iowadot.us. Attn.: Program Manager Aviation Bureau Iowa Department of Transportation 800 Lincoln Way Ames, IA 50010 E-mail: shane.wright©iowadot.us FAX: 515-233-7983 Phone: 515-239-1048 Page 120 of 521 C IOWADOT Form 291111 (01-20) AIRPORT SPONSOR IDENTIFICATION SHEET *** PLEASE ONLY SUBMIT IT YOU HAVE CHANGES FROM PREVIOUS YEAR. *** Airport Name: Waterloo Regional Airport Airport ponsor(s) Name: City of Waterloo, Iowa Contact Person: Mr. Keith D. Kaspari Title: Director of Aviation Email Address: Keith.Kaspari@waterloo-ia.org Physical Mailing Address: 2790 Livingston Lane P.O. Box (if applicable): City: Waterloo State: Iowa ZIP Code: 50703 Phone: 319-291-4483 U.S. Congressional District Number: 1st Tax Identification Number: 42-6005333 Dun and Bradstreet Number (DUNS): 826186959 You must have a current System for Award Management (SAM) registration to receive a grant. Register at: Please email (PDF) your completed preapplication, Capital Improvement Program (CIP), long-range needs assessment, signed CIP data sheets, and all supporting documents to your state agency and Federal Aviation Administration planner at jeff.deitering@faa.gov. Page 121 of 521 FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM FUNDING WATERLOO 5-YEAR CAPITAL IMPROVEMENTS PLAN PROJECT DESCRIPTION FISCAL YEAR 2024 821 PAVEMENT SWEEPER UPDATE PAVEMENT MANAGEMENT PLAN LOCAL AIP MATCH TOTAL (10%) 337,500 37,500 375,000 112,500 12,500 125,000 TOTAL FISCAL YEAR 2024 450,000 50,000 500,000 'FAA SHARE - $0 OIL FUNDS, $450,000 ENTITLEMENT FUNDS $ 1,109,521 BIL FUNDS REMAINING AFTER FY 2024 $ 550,000 ENTITLEMENT FUNDS REMAINING AFTER FY2024 FISCAL YEAR 2025 0 RUNVVAYINTERSEC11ON - OUTSIDETHE RUNWAY SAFETY AREA 2,833,200 314,800 3,148,000 TOTAL FISCAL YEAR 2025 2,833,200 314,800 3,148,000 'FAA SHARE - $1,283,200 BIL FUNDS, $1,550,000 ENTITLEMENT FUNDS $ 841,561 BIL FUNDS REMAINING AFTER FY 2025 $ 0 ENTITLEMENT FUNDS REMAINING AFTER FY2025 FISCAL YEAR 2026 RUNWAYINTERSECflON- Ll WITHIN THE RUNWAY SAFETY AREA 1,241,100 137,900 1,379,000 TOTAL FISCAL YEAR2026 1,241,100 137,900 1,379,000 'FAA SHARE - $241,100 BIL FUNDS. $1,000,000 ENT 1LEM ENT FUNDS $ 1,615,701 BIL FUNDS REMAINING AFTER FY2026 $ 0 ENTITLEMENT FUNDS REMAINING AFTER FY 2026 FISCAL YEAR 2027 _ V PASSENGER BOARDING BRIDGE 1,620,000 180,000 1,800,000 TOTAL FISCAL YEAR 2027 1,620,000 180,000 1,800,000 'FAA SHARE - $620,000 OIL FUNDS, $1,000,000 ENTMLEM ENT FUNDS $ 995,701 BIL FUNDS REMAINING AFTER FY 2027 $ 0 ENTITLEMENT FUNDS REMAINING AFTER FY 2027 FISCAL YEAR 2028 87 6 ARFF VEHICLE REPLACEMENT SNOW REMOVAL EQUIPMENT 1,035,000 115,000 1,150, 000 900,000 100,000 1,000,000 TOTAL FISCAL YEAR 2027 1,935,000 215,000 2,150,000 'FAA SHARE - $935,000 BIL FUNDS. $1,000,000 ENTITLEMENT FUNDS $ 60,701 BIL FUNDS REMAINING AFTER FY 2027 $ 0 ENTITLEMENT FUNDS REMAINING AFTER FY 2027 AIP GRAND TOTAL 11,736,761 1,304,085 13,040,845 AIP - FEDERAL PARTICIPATION A=COM FIVE-YEAR AIRPORT CAPITAL IMPROVEMENT PROGRAM (CIP) Airport Name: Waterloo Regional Airporl Prepared By: AECOM Date Prepared: August 22, 2023 Telephone: 319-291-4484 Date Approved: Project Description Funding Source FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Pavement Sweeper Federal State Local Total $ 337,500.00 $ 37,500.00 $ 375,000.00 Update Pavement Management Program Federal State Local Total $ 112,500.00 $ 12,500.00 $ 125,000.00 Runway Intersection Outside Runway Safety Area Federal State Local Total $ 2,833,200 $ - $ 314,800 $ 3,148,000 Runway Intersection Inside Runway Safety Area Federal State Local Total $ 1,241,100 $ 137,900 $ 1,379,000 Passengar Boarding Bridge Federal State Local Total $ 1,620,000 $ 180,000 $ 1,800,000 ARFF Vehicle Replacement Federal State Local Total $ 1,035,000 $ 115,000 $ 1,150,000 Snow Removal Equipment Federal State Local Total $ 900,000 $ 100,000 $ 1,000,000 Total by Fiscal Year Federal State Local Total $ 450,000 $ $ 50,000 $ 500,000 $ 2,833,200 $ $ 314,800 $ 3,148,000 $ 1,241,100 $ $ 137,900 $ 1,379,000 $ 1,620,000 $ $ 180,000 $ 1,800,000 1 $ 1,935,000 $ $ 215,000 $ 2,150,000 FUNDING SOURCE Federal Required BIL 2023 (Carry Over) BIL 2024 BIL 2025 BIL 2026 Entitlement Avaliable Entitlement Used Entitlement Carry Over Remaining Fed Share BIL Available BIL Used BIL Carry Over Local Required FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 450,000.00 $ 94,281.00 1,015,240.00 $ 1,000,000.00 450,000.00 (550,000.00) 1,109,521.00 1,109,521.00 2,833,200.00 $ 1,015,240.00 1,000,000.00 1,000,000.00 550,000.00 1,283,200.00 2,124,761.00 1,283,200.00 841,561.00 $ 1,241,100.00 $ 1,015,240.00 1,000,000.00 1,000,000.00 241,100.00 1,856,801.00 241,100.00 1,615,701.00 1,620,000 $ 1,935,000 1,000,000.00 $ 1,000,000.00 1,000,000.00 $ 1,000,000.00 $ 620,000.00 $ 935,000.00 1,615,701.00 $ 995,701.00 620,000.00 $ 935,000.00 995,701.00 $ 60,701.00 $ 50,000.00 $ 314,800.00 $ 137,900.00 $ 180,000.00 $ 215,000.00 Page 123 of 521 FEDERAL AVIATION ADMINISTRATION CAPITAL IMPROVEMENT PROGRAM (CIP) AIRPORTS DIVISION - CENTRAL REGION CIP DATA SHEET SEE INSTRUCTIONS TO COMPLETE THIS INFORMATION Airport Name, LOCID, City, State: Waterloo Regional Airport, KALO, Waterloo, Iowa AIP Project Type: Equipment — Airfield Pavement Powered Vacuum Sweeper Local Priority: 1 - Very High Fed. Share (AIP): $ 337,500 FFY Requested: 2024 Fed. Share (BIL-AIG): $0 NEPA Determination: N/A State Share: $0 Provide Detailed Project Scope and Justification Below. You must attach a sketch/drawing (on a separate sheet) that clearly identifies the scope of the project. Local Share: $37,500 Total Project Cost: $ 375,000 The airport needs an airfield pavement power sweeper with vacuum to control debris year-round on the airfield and would also serve to pick-up aircraft de-icing fluids for disposal at the City's Wastewater Treatment plant. The primary pavement area for the Waterloo Regional Airport is approximately 245,000 square yards and includes Runway 12/30,Taxiways A, B & E and '/2 of the pavement area of the Terminal Apron and General Aviation Apron areas. Runway 18/36, Taxiway C and % of the pavement area of the Terminal Apron and General Aviation Apron areas. SPONSOR SIGNATURE BLOCK Signature: Date: Printed Name: Keith Kaspari, MPA, CM Title: Director of Aviation Phone Number: 319-291-4483 Email: keith.kaspari@waterloo-ia.org CIP DATA SHEET Page 124 of 521 ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST WATERLOO REGIONAL AIRPORT PAVEMENT SWEEPER 9/11/2023 ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE EXTENDED TOTAL 1 POWERED PAVEMENT SWEEPER 1 EA $ 350,000.00 $ 350,000.00 SUBTOTAL $ 350,000.00 2 LEGAL, ADMINISTRATION AND ENGINEERING $ 25,000.00 TOTAL ESTIMATED PROJECT COST $ 375,000.00 Page 125 of 521 FEDERAL AVIATION ADMINISTRATION CAPITAL IMPROVEMENT PROGRAM (CIP) AIRPORTS DIVISION - CENTRAL REGION CIP DATA SHEET SEE INSTRUCTIONS TO COMPLETE THIS INFORMATION Airport Name, LOCID, City, State: Waterloo Regional Airport, KALO, Waterloo, Iowa AIP Project Type: Engineering — Update Airfield Pavement Management Plan Local Priority: 1 - Very High Fed. Share (AIP): $ 112,500 FFY Requested: 2024 Fed. Share (BIL-AIG): $0 NEPA Determination: N/A State Share: $0 Provide Detailed Project Scope and Justification Below. You must attach a sketch/drawing (on a separate sheet) that clearly identifies the scope of the project. Local Share: $12,500 Total Project Cost: $ 125,000 The existing airfield pavement management program was last completed to encompass the entire airfield pavements in 2017. An update is required to be completed to review pavements that have not been reconstructed in the past 3 years. The update to the pavement management program will inventory all airfield pavements, compare results to the previous pavement management program and provide recommendations for continued pavement maintenance and rehabilitation. In addition, this report will gather some limited geotechnical data and review alternatives for the rehabilitation/reconstruction of Runway 12/30. SPONSOR SIGNATURE BLOCK Signature: Date: Printed Name: Keith Kaspari, MPA, CM Title: Director of Aviation Phone Number: 319-291-4483 Email: keith.kaspari@waterloo-ia.org CIP DATA SHEET Page 126 of 521 ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST WATERLOO REGIONAL AIRPORT AIRFIELD PAVEMENT REHABILITATION RUNWAY 18-36 ASPHALT OUTSIDE OF RUNWAY 12-30 RSA 8/10/2023 ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE EXTENDED TOTAL 1 MOBILIZATION AND DEMOBILIZATION 1 LS $ 330,000.00 $ 330,000.00 2 PAVEMENT JOINT AND CRACK SEALANT 105,000 LFT $ 2.00 $ 210,000.00 3 PAVEMENT JOINT AND CRACK REPAIR 8,000 LFT $ 10.00 $ 80,000.00 4 PAVEMENT MILLING 43,000 SYD $ 4.00 $ 172,000.00 5 3-ASPHALT OVERLAY 8,000 TON $ 135.00 $ 1,080,000.00 6 PAVEMENT GROOVING 387,000 SFT $ 2.00 $ 774,000.00 7 PAVEMENT MARKING 1 LS $ 15,000.00 $ 15,000.00 SUBTOTAL $ 2,661,000.00 8 LEGAL, ADMINISTRATION AND ENGINEERING $ 487,000.00 TOTAL ESTIMATED PROJECT COST $ 3,148,000.00 Page 127 of 521 ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST WATERLOO REGIONAL AIRPORT AIRFIELD PAVEMENT REHABILITATION RUNWAY 18-36 & RUNWAY 12-30 INTERSECTION REHABILITATION INSIDE OF RUNWAY SAFETY AREA 9/11/2023 ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE EXTENDED TOTAL 1 MOBILIZATION AND DEMOBILIZATION 1 LS $ 101,750.00 $ 101,750.00 2 PAVEMENT JOINT AND CRACK SEALANT 48,000 LFT $ 2.00 $ 96,000.00 3 PAVEMENT JOINT AND CRACK REPAIR 5,000 LFT $ 10.00 $ 50,000.00 4 PAVEMENT MILLING 20,000 SYD $ 8.00 $ 160,000.00 5 2-ASPHALT OVERLAY 2,750 TON $ 135.00 $ 371,250.00 6 PAVEMENT GROOVING 180,000 SFT $ 2.00 $ 360,000.00 7 PAVEMENT MARKING 1 LS $ 10,000.00 $ 10,000.00 SUBTOTAL $ 1,149,000.00 8 LEGAL, ADMINISTRATION AND ENGINEERING $ 230,000.00 TOTAL ESTIMATED PROJECT COST $ 1,379,000.00 Page 128 of 521 GO1OWA DOT rdlri 291113 11413E LONG-RANGE NEEDS ASSESSMENT YEARS SIX TO 20 Attach additional sheets if necessary. Airport nameWaterloo Regional Airport - Waterloo, Iowa Estimated FY 2029 Description of project Runway 12/30 Design Funding source Federal $ BIL $ State $ Local $ Total $ Total estimated cost 1,055,000.00 $117,222.00 $1,172,222.00 Runway 12/30 Rehabilitation - Phase 1 Federal $ $6,750,000.00 BIL $ 2030 State $ Local $ $750,000.00 Total $ $7,500,000.00 Runway 12/30 Rehabilitation - Phase 2 Federal $ $5,850,000.00 BIL $ 2031 State $ Local $ $650,000.00 Total $ $6,500,000.00 Runway 12/30 Rehabilitation - Phase 3 Federal $ $4,950,000.00 BIL $ 2032 State $ Local $ $550,000.00 Total $ $5,600,000.00 Runway 12/30 Rehabilitation - Phase 4 Federal $ 4,500,000 BIL $ 2033 State $ Local $ $500,000.00 Total $ $5,000,000.00 Page 129 of 521 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Kelley Felchle, City Clerk October 16, 2023 City Clerk Department AGENDA ITEM TITLE Resolution approving a Hotel/Motel Mini -Grant application to the Waterloo Convention and Visitors Bureau in an amount of $3,000.00, to fund the ABATE Iowa STEAM event. RECOMMENDED COUNCIL ACTION Approve application. SUMMARY STATEMENT AND BACKGROUND INFORMATION The ABATE Iowa STEAM event is a conference that happens every year to promote different breakouts and education for motorcycle enthusiasts. This event also holds a banquet for the attendees as well as an auction to raise money for their PAC Event. This event has been held in Waterloo for the past couple of years! NEIGHBORHOOD IMPACT The ABATE of Iowa STEAM is anticipating over 300 guests for this event which would be beneficial to the economic impact for hotels, restaurants, and local businesses. Projected business sales of $218,967.00. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES $3,000.00 Hotel/Motel mini -grant FY 24 Q1 and Q2 funds. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 130 of 521 ATTACHMENTS 1. Council Communication for Mini grant in FY24 Q1 Q2 2. ABATE of Iowa Steam Grant Application Page 131 of 521 Council Communication City Council Meeting: TBD Prepared: October 12, 2023 Dept. Head Signature: Tavis Hall, Experience Waterloo Number of Attachments: 1 SUBJECT: FY24 Q1 & Q2 Hotel/Motel Mini Grant Request Submitted by: Emily Nyren, Experience Waterloo Recommended City Council Action: Approve Experience Waterloo (CVB) board recommendation of $3,000. Event Summary: The Experience Waterloo Board of Directors is recommending the grant awards for 1 Mini event grant happening in Q1 & Q2 of FY24. These grant recommendations total $3,000. See attachment for summary of events with Economic Impact totals attached. Projected economic impact: $218,967 Request: $3,000 ROI (Economic impact based on requested funds): A $3,000 total award for this mini grant would return $72.99 per dollar invested. Source of Funds: Hotel -motel tax grant funding for FY23 Policy Issue: None Alternative: Do not provide funding or provide alternate funding amount. Background Information: The Experience Waterloo Board reviewed all applications and scored based on the project's ability to meet the goals of the grant program: 1. Does the project have a significant economic impact / significantly enhance the visitor's experience in Waterloo? 2. Does the project strengthen the perceptions of Waterloo? 3. How important are grant dollars toward ensuring the success of the project? 4. Is the application clear, complete and thought-out? 5. Is the project new, or are there significant changes from previous years? Page 132 of 521 Event Impact Summary Destination: Experience Waterloo Event Key Results Parameters Event Name: ABATE Of Iowa STEAM Business Sales (Direct): $141,195 Organization: ABATE Business Sales (Total): $218,967 Event Type: Convention Jobs Supported (Direct): 78 Start Date: 11/12/2023 Jobs Supported (Total): 95 End Date: 11/14/2023 Local Taxes (Total): $4,025 Overnight Attendees: 200 Net Direct Tax ROI: $3,772 Day Attendees: 300 Estimated Room 400 Demand: Direct Business Sales $100.000 Sales by Source Sales by Sector Trans. $80.000 $60.000 Space Rental Retail -. Recreation $40.000 $20.000 Business Services $0 Attendees 0rg9nizer Exhibit SO Si0:000 S20.000 530,000 540,000 55'..v.: Industry Attendees Organizer Exhibitor Total Lodging Transportation Food & Beverage Retail Recreation Space Rental Business Services TOTAL $40,031 $8,632 $21,942 $7,860 $4,090 $0 $0 $82,556 $1,930 $643 $17,981 $0 $0 $7,612 $15,707 $43,873 $0 $2,316 $4,871 $0 $0 $1,343 $6,237 $14,766 $41,961 $11,591 $44,794 $7,860 $4,090 $8,955 $21,944 $141,195 Page 133 of 521 Page 134 of 521 ABATE of Iowa Steam Applicant: Melissa Lehman/ ABATE of Iowa Dates: 1 1 / 12-1 1 / 14/2023 Location: Waterloo Convention Center Request: $3,000 Summary: The ABATE Iowa STEAM event is a conference that happens every year to promote different breakout and education for motorcycle enthusiasts. This event also does a banquet for the attendees as well as an auction to raise money for their PAC Event. This event has been held in Waterloo for the past couple years! Board Recommendation: $3,000 Attendance: The ABATE of Iowa STEAM it is anticipating over 300 guests for this event. Projected room nights: 230 rooms total Room night impact: 230 rooms in November would be extremely beneficial to the economic impact of Waterloo. November is a month where there are little to no events. Having this event with these hotel stays will help. Projected economic impact: $218,967 ROI (Economic impact based on requested funds): A $3,000 award would return $72.99 per dollar invested. Notes regarding funds: These funds will help cover fixed expenses for putting on such an event. Without these funds it would be hard to bring the event to its fullest potential. Application quality (was it clear, complete, well thought-out): This application was clearly thought out and easy to follow. Page 135 of 521 Event Impact Summary Destination: Experience Waterloo Event Key Results Parameters Event Name: ABATE Of Iowa STEAM Business Sales (Direct): $141,195 Organization: ABATE Business Sales (Total): $218,967 Event Type: Convention Jobs Supported (Direct): 78 Start Date: 11/12/2023 Jobs Supported (Total): 95 End Date: 11/14/2023 Local Taxes (Total): $4,025 Overnight Attendees: 200 Net Direct Tax ROI: $3,772 Day Attendees: 300 Estimated Room 400 Demand: Direct Business Sales $100.000 Sales by Source Sales by Sector Trans. $80.000 $60.000 Space Rental Retail -. Recreation $40.000 $20.000 Business Services $0 Attendees 0rg9nizer Exhibit Sv' S9v':v'v' S20:000 S30,000 S40,000 S50:0: Industry Attendees Organizer Exhibitor Total Lodging Transportation Food & Beverage Retail Recreation Space Rental Business Services TOTAL $40,031 $8,632 $21,942 $7,860 $4,090 $0 $0 $82,556 $1,930 $643 $17,981 $0 $0 $7,612 $15,707 $43,873 $0 $2,316 $4,871 $0 $0 $1,343 $6,237 $14,766 $41,961 $11,591 $44,794 $7,860 $4,090 $8,955 $21,944 $141,195 Page 136 of 521 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Bridgett Wood, Finance Director Finance Department AGENDA ITEM TITLE MEETING DATE October 16, 2023 Motion approving the Annual Financial Report for City Streets, for the fiscal year ended June 30, 2023, and authorizing transmittal to the Iowa Department of Transportation. RECOMMENDED COUNCIL ACTION Approval of the submission for the Annual Financial Report for City Streets for the fiscal year ended June 30, 2023 and authorizing the transmittal to the Iowa Department of Transportation. SUMMARY STATEMENT AND BACKGROUND INFORMATION This report summarizes the city's receipts and expenditures relating to streets and is required to be filed with the State of Iowa by Iowa Code Chapter 312, Section 14. This report provides the Iowa Department of Transportation and the Federal Highway Administration with a documented record of receipts and expenditures made for streets and related activities in the City of Waterloo. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION If the report isn't approved by council and filed by December 1, the City's road use tax payments will be suspended. LEGAL DESCRIPTION Page 137 of 521 ATTACHMENTS 1. Street Financial Report - City of Waterloo - FY2023 Page 138 of 521 0IUWADOT Bureau of Local Systems Ames, IA 50010 City Street Finance Report Expenses Fiscal Year 2023 Waterloo 10/5/2023 10:41:33 AM General Fund Streets (001) Road Use (110) Other Special Revenues Debt Service (200) Capitial Projects (300) Utilities (600 & UO) Grand Total Salaries - Roads/Streets $1,049,434 $802,657 $1,852,091 Benefits - Roads/Streets $790,733 $426,063 $1,216,796 Training & Dues $3,294 $725 $4,019 Building & Grounds Maint. & Repair $27,171 $27,171 Road Beautification $900,000 $900,000 Vehicle & Office Equip Operation and Repair $184,049 $5,601 $189,650 Janitorial $2,783 $2,783 Legal $3,563 $3,563 Medical $3,017 $120 $3,137 Street Maintenance Expense $201,077 $254,512 $455,589 Technology Expense $3,500 $12,496 $15,996 Other Professional Services $158,500 $158,500 Other Contract Services $3,136 $2,500 $5,636 Minor Equipment Purchases $8,603 $10,331 $18,934 Office Supplies $2,581 $2,581 Operating Supplies $9,486 $9,486 Postage & Safety $3,184 $885 $4,069 Page 1 of 11 Page 139 of 521 0IUWADOT Bureau of Local Systems Ames, IA 50010 City Street Finance Report Fiscal Year 2023 Waterloo 10/5/2023 10:41:33 AM General Fund Streets (001) Road Use (110) Other Special Revenues Debt Service (200) Capitial Projects (300) Utilities (600 & UO) Grand Total New Posts & Signs $6,780 $6,780 Replacement Posts & Signs $10,066 $10,066 Other Supplies $3,009 $673 $3,682 Vehicles $308,234 $308,234 Office Equipment $999 $999 Other Capital Equipment $9,261 $9,261 Buildings $2,095 $2,095 Bridges & Culverts $782,816 $782,816 Street - Capacity Improvement $64,134 $6,277,807 $10,003,292 $16,345,233 Principal Payment $1,498,179 $1,498,179 Interest Payment $299,493 $299,493 Parking $123,238 $123,238 Street Lighting $470,861 $470,861 Traffic Control/Safety $1,738,689 $1,738,689 Snow Removal $659,523 $659,523 Highway Engineering $1,344,756 $1,344,756 Depreciation & Building Utilities $43,107 $43,107 Street Cleaning $250,127 $250,127 Snow Removal Salaries $787,621 $787,621 Page 2 of 11 Page 140 of 521 QIOWADOT Bureau of Local Systems Ames, IA 50010 City Street Finance Report Fiscal Year 2023 Waterloo 10/5/2023 10:41:33 AM General Fund Streets (001) Road Use (110) Other Special Revenues Debt Service (200) Capitial Projects (300) Utilities (600 & UO) Grand Total Snow Removal Benefits $133,321 $133,321 Total $123,238 $9,398,325 $7,807,194 Page 3 of 11 $1,797,672 $10,311,526 $250,127 $29,688,082 Page 141 of 521 QIOWADOT Bureau of Local Systems Ames, IA 50010 City Street Finance Report Revenue Fiscal Year 2023 Waterloo 10/5/2023 10:41:33 AM General Fund Streets (001) Road Use (110) Other Special Revenues Debt Service (200) Capitial Projects (300) Utilities (600 & UO) Grand Total Levied on Property $0 $0 $1,797,672 $1,797,672 Other Taxes (Hotel, LOST) $12,762,082 $12,762,082 Licenses & Permits $27,390 $27,390 Interest $491,428 $491,428 Federal Grants $4,228,878 $4,228,878 State Revenues - Road Use Taxes $9,263,164 $9,263,164 Other State Grants - IDOT $3,450,205 $3,450,205 Local Contributions $48,665 $265,204 $313,869 Charges/fees $123,238 $262,104 $250,127 $635,469 Sale of Property & Merchandise $3,436 $3,436 Proceeds from Debt $1,339,000 $1,339,000 Total $123,238 $9,604,759 $13,518,714 Page 4 of 11 $1,797,672 $9,018,083 $250,127 $34,312,593 Page 142 of 521 QIOWADOT Bureau of Local Systems Ames, IA 50010 City Street Finance Report Bonds/Loans Fiscal Year 2023 Waterloo 10/5/2023 10:41:33 AM Bond/Loan Description Principal Balance As of 7/1 Total Principal Paid Total Interest Paid Principal Roads Interest Roads Principal Balance As of 6/30 2022B GO $5,685,000 $315,000 $43,808 $80,731 $11,227 $5,370,000 2014AG0 $3,375,000 $445,000 $101,906 $52,522 $12,028 $2,930,000 2021A GO $12,940,000 $1,340,000 $258,800 $429,715 $82,993 $11,600,000 2019A GO $4,995,000 $645,000 $149,850 $126,302 $29,343 $4,350,000 2019C GO $1,555,000 $395,000 $31,100 $116,147 $9,145 $1,160,000 2015AG0 $7,080,000 $810,000 $223,081 $116,679 $32,134 $6,270,000 2016AG0 $4,280,000 $760,000 $86,800 $186,452 $21,295 $3,520,000 2020A GO $6,190,000 $420,000 $123,800 $233,466 $68,817 $5,770,000 2018A GO $6,530,000 $695,000 $195,900 $79,344 $22,365 $5,835,000 2017AGO $4,940,000 $770,000 $101,700 $76,821 $10,146 $4,170,000 2023A GO $6,000,000 $0 $0 $0 $0 $6,000,000 Total $63,570,000 $6,595,000 $1,316,745 Page 5 of 11 $1,498,179 $299,493 $56,975,000 Page 143 of 521 010WADOT Bureau of Local Systems Ames, IA 50010 City Street Finance Report Equipment Fiscal Year 2023 Waterloo 10/5/2023 10:41:33 AM Description Model Year Usage Type Cost Purchased Status Deere 624K 4WD Loader 2009 Purchased $119,556 No Change Crafco Trailer -Mounted Crack Sealer EZ1000EB 2011 Purchased $36,594 No Change Deere 672D 4WD Motor Grader 2009 Purchased $148,008 No Change Caterpillar Vibrator Roller 1991 Purchased $50,000 No Change Caterpillar Reclaimer 1991 Purchased $250,000 No Change Angle Broom for Deere 260 Skid Loader 2003 Purchased $5,130 Sold Deere 260 Skid Loader with 48" Forks, Bucket, Plow 2000 Purchased $33,100 No Change Tink Bucket Grapple for End Loader 1999 Purchased $6,800 Sold John Deere 770G Grader 2014 Purchased $193,257 No Change Deere 770CH Motor Grader 1998 Purchased $154,900 No Change Deere 770CH Motor Grader 1998 Purchased $154,900 No Change Maurer 20' Tandem Trailer 2000 Purchased $5,365 Sold Ferguson 4988 Static Roller 2006 Purchased $38,962 No Change Freightliner Single Axle Dump Truck M2106V 2009 Purchased $111,538 No Change Freightliner Single Axle Dump Truck M2106V 2009 Purchased $111,538 No Change Deere 770CH Motor Grader 1998 Purchased $154,900 No Change Freightliner M2106 Asphalt Patcher 2008 Purchased $103,783 No Change Elgin Pelican Street Sweeper 2015 Purchased $187,104 No Change Ford SD F350 1 Ton Pickup - White 2016 Purchased $49,981 No Change Ford SD F350 1 Ton Pickup - White 2016 Purchased $49,981 No Change Ford F150 Supercab XL - White 2014 Purchased $24,157 No Change Page 6 of 11 Page 144 of 521 0IU11VADOT Bureau of Local Systems Ames, IA 50010 City Street Finance Report Fiscal Year 2023 Waterloo 10/5/2023 10:41:33 AM Description Model Year Usage Type Cost Purchased Status Ford F150 Supercab XL - White 2014 Purchased $24,157 No Change Ford F150 Supercab XL - White 2014 Purchased $23,530 No Change Etnyre Chip Spreader 1999 Purchased $132,925 No Change Ingersoll Rand PT125R Pneumatic Tire Compactor 1998 Purchased $41,700 No Change Navistar 4700 Oil Distributor with Tank & Sprayer 2002 Purchased $88,807 No Change International 7300 Single Axle Dump Truck 2019 Purchased $150,964 No Change International 7300 Single Axle Dump Truck 2019 Purchased $150,964 No Change Freightliner 108SD Dump Truck 2014 Purchased $130,401 No Change Sno-Go Loader -Mounted Snow Blower 1990 Purchased $38,143 No Change Deere 655K-II 4WD Loader with Bucket 2016 Purchased $113,900 No Change Grapple Bucket for End Loaders 2008 Purchased $14,950 Sold Deere310SE Wheel Loader Backhoe w/ Tamper Ext 1999 Purchased $66,400 No Change Intl Tandem Dump Truck w/anti-icing system 2010 Purchased $131,533 No Change Intl 7300 Single Axle Dump Truck 2010 Purchased $113,600 No Change Elgin Pelican Street Sweeper 2010 Purchased $161,261 No Change Ford Ranger Pickup 2002 Purchased $15,127 No Change Ford F550 Aerial Boom Truck 2018 Purchased $126,847 No Change Ford F250SD SRW 2019 Purchased $42,713 No Change Grand Lazer Paint Machine 2019 Purchased $5,926 Sold Ford F750 Digger Derrick 2007 Purchased $122,723 No Change Freightliner Dump Truck 2017 Purchased $138,452 No Change Freightliner Dump Truck 2017 Purchased $138,452 No Change Deere 544J End Loader 2004 Purchased $118,160 No Change Page 7 of 11 Page 145 of 521 0IU11VADOT Bureau of Local Systems Ames, IA 50010 City Street Finance Report Fiscal Year 2023 Waterloo 10/5/2023 10:41:33 AM Description Model Year Usage Type Cost Purchased Status Freightliner 108SD Dump Truck 2014 Purchased $130,401 No Change Line Lazer IV 3900 with Beat Kit (walk behind) 2016 Purchased $5,568 Sold Ford F250 SD SRW Truck 2020 Purchased $32,492 No Change Freightliner M2106V Dump Truck w/ anti/icing system 2012 Purchased $134,132 No Change Freightliner M2106 Dump Truck 2006 Purchased $84,565 No Change Freightliner M2106 Dump Truck - Yellow 2004 Purchased $67,962 No Change Freightliner M2106 Dump Truck - Yellow 2004 Purchased $67,962 No Change Freightliner M21106 Dump Truck - Yellow 2004 Purchased $67,962 No Change Intl 4700 T444E Dump Truck 2001 Purchased $68,064 No Change Intl 4700 T444E Dump Truck 2001 Purchased $68,064 No Change Ford F450-550 White Flatbed Pickup 2003 Purchased $34,092 No Change Ford F350 XLS Dually Pickup 2005 Purchased $20,878 No Change Ingersoll Rand 185 Compressor 1990 Purchased $8,008 Sold Elgin Pelican Street Sweeper 2011 Purchased $165,352 No Change Freightliner M2105V Dump Truck w/anti-icing system 2012 Purchased $132,109 No Change International Snow Control Truck 2022 Purchased $215,262 No Change Freightliner M2106V Dump Truck w/ anti/icing system 2012 Purchased $134,132 No Change FT10 Pan Drop Deck Tilt Trailer 2019 Purchased $6,711 Sold Ford F550 Service Truck 2019 Purchased $119,149 No Change Crafco SS 125DC Melter for Crack Sealing 2020 Purchased $73,570 No Change HAMM HD10 Tandem Roller 2018 Purchased $34,683 No Change Deere 332G Skid Steer Loader 2019 Purchased $63,990 No Change PJ 20 Ft Tilt Trailer 2020 Purchased $6,750 Sold Page 8 of 11 Page 146 of 521 0IUWADOT Bureau of Local Systems Ames, IA 50010 City Street Finance Report Fiscal Year 2023 Waterloo 10/5/2023 10:41:33 AM Description Model Year Usage Type Cost Purchased Status Intl 7300 Single Axle Dump Truck 2010 Purchased $113,600 No Change Ford E350 Truck 2019 Purchased $33,174 No Change Concrete Dowell Drill 2020 Purchased $8,495 Sold Self -Propelled 25 Ft Screed 2020 Purchased $7,195 Sold Elgin Single Engine Crosswind Vacuum Sweeper 2020 Purchased $267,195 No Change Freightliner M2106 Dump Truck 2006 Purchased $84,565 No Change Ford F750 Truck with Aerial 2004 Purchased $103,027 No Change International HV507 2022 Purchased $215,262 No Change Bobcat Compact Excavator 2021 Purchased $54,215 No Change Case 280SNWT Backhoe 2022 Purchased $117,065 No Change Line Lazer IV 5900 with Line Driver HD & Dual Based System 2016 Purchased $11,924 Sold Tool Cat Drive Unit w/ Vacuum Sweeper 2023 Purchased $113,954 New JD 190GW Wheeled Excavator 2021 Purchased $177,960 New Page 9 of 11 Page 147 of 521 QIOWADOT Bureau of Local Systems Ames, IA 50010 City Street Finance Report Street Projects Fiscal Year 2023 Waterloo 10/5/2023 10:41:33 AM Project Description Contract Price Final Price Contractor Name University Avenue Phase 1 $8,952,941 $8,952,941 Peterson Contractors Page 10 of 11 Page 148 of 521 QIOWADOT Bureau of Local Systems Ames, IA 50010 City Street Finance Report Summary Fiscal Year 2023 Waterloo 10/5/2023 10:41:33 AM General Fund Streets (001) Road Use (110) Other Special Revenues Debt Service (200) Capitial Projects (300) Utilities (600 & UO) Grand Total Begining Balance $0 $9,685,733 $17,683,312 $0 $3,768,916 $0 $31,137,961 SubTotal Expenses (-) $123,238 $9,398,325 $7,807,194 $1,797,672 $10,311,526 $250,127 $29,688,082 Subtotal Revenues (+) $123,238 $9,604,759 $13,518,714 $1,797,672 $9,018,083 $250,127 $34,312,593 Ending Balance $0 $9,892,167 $23,394,832 $0 $2,475,473 $0 $35,762,472 Resolution Number: Execution Date: Monday, October 16, 2023 Signature: Bridgett Wood Page 11 of 11 Page 149 of 521 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE October 16, 2023 AGENDA ITEM TITLE Communication from the Fire Department on the notice of the conclusion of employment of Onazi Agbese, Paramedic, effective August 26, 2023, with recommendation of approval of payout of $2,760.80 for unused benefits. 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. O. AGBESE PAYOUT 10.16.2023 Page 150 of 521 Page 151 of 521 To: City Council Me►nbers Re: Notice of Severance Department Waterloo Fire Rescue Job Title/Classification Today's Date: 8/30/2023 Effective Date: 8/26/2023 Employment Date: 7/9/2018 This is to report that the employment of Onazi Agbese_ with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes Ed Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: 28.32 24.00 24.00 1.50 48.00 28.32 $ 28.32 $ 28.32 $ 28.32 28.32 $ 28.32 75% Total Payment $ 679.58 679.58 $ 42.47 $ 1,359.17' $ 2,760.80 Approved by <'_, Human Resources Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Council Agenda Date:_ -1!L_ ❑ Accruals ❑Status Q9 Date Date 40/3/ Page 152 of 521 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE October 16, 2023 AGENDA ITEM TITLE Communication from the Engineering Department on the notice of the conclusion of employment of Danielle DeNeui, Storm Water Specialist, effective September 29, 2023, with recommendation of approval of payout of $907.40 for unused benefits. 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. D. DENUI PAYOUT 10.16.2023 Page 153 of 521 Page 154 of 521 CITY OF 4J%(4TERLOO IOWA Community of Opportunity City Council Notice of Employment Severance Today's Date: 10/3/2023 Department: Engineering Effective Date: 9/29/2023 Job Classification: Storm Water Specialist Employment Date: 2/15/2022 Employee Name: Danielle DeNeui The employment with the named City of Waterloo employee has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes ▪ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Vacation -Accrued 30 $ 34.90 Vacation -Current 0 Usable Sick Leave -8 $ 34.90 Casual Hours 4 $ 34.90 Comp Time Pay 0 Unscheduled Leave 0 Payout $ 1,047.00 (279.20) 139.60 Other Pay 0 $ Total Payment $ 907.40 Comments Negative entry is overuse of sick leave fronted to EE on 7/1/2023 Approved by Human Resources N ico7,e. Fibc:hels- Date: 10/3/2023 Date: 10/3/2023 Council Agenda Date: Page 155 of 521 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE October 16, 2023 AGENDA ITEM TITLE Communication from the Code Enforcement Department on the notice of the conclusion of employment of Susan Moody, Code Enforcement Officer, effective October 6, 2023, with recommendation of approval of payout of $5,066.38 for unused benefits. 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. S. MOODY PAYOUT 10.16.2023 Page 156 of 521 Page 157 of 521 CITY OF V(4TERLOO IOWA Community of Opportunity City Council Notice of Employment Severance Today's Date: 10/6/2023 Department: Code Enforcement Effective Date: 10/6/2023 Job Classification: Code Enforcement Officer Employment Date: 2/27/1989 Employee Name: Susan Moody The employment with the named City of Waterloo employee has been severed by reason of: 2 Retired Disability Related 2 No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Vacation -Accrued Vacation -Current Usable Sick Leave Casual Hours Comp Time Pay Unscheduled Leave Other Pay Comments Approved by Human Resources 150 1.75 0 0.12 0 0 0 33.36 33.36 33.36 5,004.00 58.38 4.00 Total Payment $ 5,066.38 11i tc.oLei F. Date /€/3/.a o .3 Date: 10/6/2023 Council Agenda Date: Page 158 of 521 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 AGENDA ITEM TITLE Board of Adjustment Regular Meeting minutes of August 22, 2023. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION October 16, 2023 NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. BoA Minutes August 22, 2023 Page 159 of 521 CITY OF WATERLOO, IOWA BOARD OF ADJUSTMENT MINUTES REGULAR MEETING - 4:00 P.M. AUGUST 22, 2023 The regular meeting of the City of Waterloo Board of Adjustment was called to order by Chairperson Condon at 4:00 p.m. via zoom and in -person in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Brad Condon, Jeri Thornsberry, John Beckman, Craig Holdiman, and Carole Gustafson. Members present electronically were: None Members absent were: None Others present were: Aric Schroeder, Lexi Schneider, Seth Hyberger, & John Dornoff — Planning Department, and six citizens. Others present electronically were: Dave Boesen — City Council Liaison and 1 citizen I. Approval of the Agenda It was moved by Beckman and seconded by Gustafson to approve the agenda. Motion carried unanimously. H. Approval of the Minutes from the regular meetings on July 25, 2023. It was moved by Gustafson, seconded by Thornsberry, to approve the amended minutes of the July 25, 2023, meeting updating the third from bottom paragraph on page 4 to make it more readable. Motion carried unanimously. III. Decision Items 1. Request by True Solar on behalf of Tara and Brian Berg for a variance to the rear yard setback requirement to allow for a setback of 9 feet, 1 feet less than the 10 feet required to allow for construction of in ground solar panels in the "R-1" One and Two Family Residence District located at 4230 Harbin Drive. Hyberger read the staff report recommending approval of the request with the following condition: That a restrictive covenant is signed and executed tying Tract B to the home on the abutting parcel. Condon asked if this was brought to the attention of staff by the neighbor and if they are still opposed, to which Hyberger answered yes, and they are still opposed. Hyberger noted that staff reviewed the Zoning Ordinance multiple times and it was determined that 10 feet is the appropriate setback for solar panels. Dornoff noted that two neighbors did call and complain about the glare from the panels. Beckman asked if they had gone through the legal process to install the panels, to which Hyberger stated they did go through the proper process and then installed them, and then someone called in with a complaint about the panels. Page 160 of 521 City of Waterloo Board of Adjustment August 22, 2023 Condon asked if the people complaining about the glare from the panels were different from the one that had previously called in, to which Dornoff responded that one was different. Chris Mudd, 7835 Beaver Hills Lane, Cedar Falls, stated his company sold the project, and True Solar installed the panels and did go through all the steps to get a building permit but is not sure why it was a foot off at the time of installation. Gustafson asked if the applicants were present, to which Mudd responded no. Gustafson asked if it would be possible to put trees or shrubs to cut down on the glare, to which Holdiman answered that they would probably interfere with the solar panels. Holdiman noted that when MidAmerican put the solar farm up at Burton Avenue and Airline Highway when the neighbors stated that they were concerned about the glare, MidAmerican stated that if there is glare, the panels are not working because they are supposed to be absorbing the solar rays to which Mudd noted that the panels have not been energized yet. Condon noted that he drove by the location and could not see the panels and noted that the only people who were going to complain were the neighbors. Condon noted that except for being a foot off, there is nothing the Board of Adjustment can do about the panels themselves, as they otherwise meet all the requirements. It was moved by Thornsberry, seconded by Holdiman, to approve the request by True Solar on behalf of Tara and Brian Berg for a variance to the rear yard setback requirement to allow for a setback of 9 feet, 1 feet less than the 10 feet required to allow for construction of in ground solar panels in the "R- 1" One and Two Family Residence District located at 4230 Harbin Drive with the following condition: That a restrictive covenant is signed and executed tying Tract B to the home on the abutting parcel. Motion carried unanimously. 2. Request by DaQuan Campbell for a variance to allow for a farm building on vacant lots that are not classified as a farm, a variance to the front yard setback requirement to allow for a 20' front yard setback, 15' feet less than the 35 feet required, and a variance to the rear yard setback requirement to allow for a setback of 4', 31' less than the 35' required for the construction of a 30' X 96' (2,880 square feet) high tunnel (hoop type) building in the "R-2" One and Two Family Residence District located south of 328 Peek Street. Dornoff read the stall report recommending denial of the request as submitted but approval of the construction of a 30' X 80' High Tunnel (hoop) building, with a front yard setback of 20 feet and a rear yard setback of 20 feet. Condon asked how this differs from the carports that have been denied in the past, to which Schroeder stated that was something the planning department considered very carefully and decided to word the request the way it was and recommended approval because of the concern that this, under most circumstances would be considered a detached accessory structure that is not allowed on a lot by itself Because this is more of an agricultural building and is allowed in any district, but it needs to be a principal permitted use on at least 35 acres or as an accessory structure to a principal permitted use, but it if was an accessory to another principal permitted use, it would be exceeding the size limit as well. -2 Page 161 of 521 City of Waterloo Board of Adjustment August 22, 2023 Condon further asked how this is different from a metal frame carport to which Schroeder responded that they would need to work with the Building Department to insure that it meets all requirements and there is nothing in the Zoning Ordinance that prohibits fabric -sided buildings and it would not be considered a metal frame carport because it is enclosed on all four sides. Thornsberry noted that the type of use is totally different from a carport as a carport is used to put a car in, but this building is designed to grow crops and asked if the neighbor to the north that is closest to the proposed structure signed a petition in support to which Dornoff responded that the neighbor did sign the petition. Condon asked if it has to be a growing facility or ten years down the road, if the applicant decided it was not working out and turned it into something else, to which Dornoff responded that the board could add a condition that it only be used for growing agriculture. DaQuan Campbell, 1009 Manson Street, stated that the FDA classifies the building as temporary and seasonal, so it is not a standard building; however, the plan is not to move the building every season, and thousands of these have been approved for those doing both regular and urban farming. Condon asked how close the applicant lives to the property and if the building will be cemented in, to which Campbell answered a couple of blocks and the building will not be cemented in, but the recommendation is for the supports to be put in below the frost line. Beckman asked of the building would be used in months like December and January to which Campbell answered that there might not be plants growing but root plants might be kept in the building during those months. Beckman also asked if the applicant has any problems with the staff recommendation to make the building shorter to allow for a 20' rear yard setback and if he shed that is currently on the lot going to stay to which Campbell answered that the building comes in 6-foot sections so that should not be a problem and the shed will be moved but will be staying on the lot. Condon asked how often the applicant is at the property, to which Campbell answered that he is there nearly every day. Thornsberry noted that these types of buildings are becoming more common as urban farming becomes more popular, and as was learned during the pandemic, the food chain is very fragile, and there are also attempts to reduce food deserts. It was moved by Beckman, seconded by Gustafson, to approve the request by DaQuan Campbell for a variance to allow for a farm building on vacant lots that are not classified as a farm, a variance to the front yard setback requirement to allow for a 20' front yard setback, 15' feet less than the 35 feet required, and a variance to the rear yard setback requirement to allow for a setback of 20', 15' less than the 35' required for the construction of a 30' X 80' (2,400 square feet) high tunnel (hoop) building in the "R-2" One and Two Family Residence District located south of 328 Peek Street with the condition that the building cannot be used for other purposes beyond growing plants. Motion carried unanimously. 3. Request by Grace Reformed Church for a Special Permit to allow for the use of a home for youth gatherings in the "R-2" One and Two Family Residence District located at 1322 Shady Lane. -3 Page 162 of 521 City of Waterloo Board of Adjustment August 22, 2023 Schneider read the staff report recommending approval of a temporary 1-year Special Permit. Schneider noted that the Building Official, Greg Alhelm, did go out and inspect the building, and he noted that they are currently under the threshold for needing two exits and other commercial requirements. Beckman asked if there were any objections on file, to which Schneider answered she had only received one call, and they were not in opposition. Gustafson asked why it does not require a sprinkler system to which Schneider stated it has to do with the size of the structure. Condon asked if this was the only use and if it would not be used as a rental property, to which Schneider stated not from what she had been told. Condon asked why they needed a permit, to which Schroeder responded that it was a single-family home and could only be used as such, but now is being used for religious assembly, which can be in any zoning district but requires a Special Permit. Pastor Dave Van Netten, 1310 Shady Lane, is the Pastor of the church and lives in the home between the church and the property in question noted that the home has been used for over 16 years and did not know they needed a Special Permit. Van Netten noted that they are working to touch kids' lives, but it is not a huge group of youth, which ranges anywhere from 8 to 12 kids at a time. Van Netten also noted that a majority of the meetings occur in the detached garage. Beckman asked if the church owned the house if it's used for residential purposes and asked for clarification about running out of room in the main church and is the garage heated, to which Van Netten responded the church owns it but is not used for residential purposes and has not been used as such since it was purchased by the church in 2006 and wanted to provide space for kids since many of the rooms in the church are currently used for other purposes and yes the garage is heated. Van Netten noted that Building Official Greg Alhelm and Brock Weliver with the Fire Department were at the home the previous day and felt the facilities were adequate for current conditions and urged for permanent approval. He also noted that most of the kids that attend are dropped off, and some of them are siblings, so there have been no traffic problems in the past. Beckman asked if any other activities were going on at the time at the church on Wednesday nights to which Van Netten stated no. Thornsberry asked the age of the kids that attend the activities and if some of them could be driving, to which Van Netten stated middle and senior high youth; however, like most churches, it is hard to keep them involved once they get a driver's license, jobs and relationships. Holdiman asked for clarification that the church has been operating out of this home for 16 years, to which Van Netten stated yes, and Holdiman stated that he has no problem with the one year but does not see a reason why they shouldn't be given a permanent Special Permit. Condon stated he agrees with Holdiman that they have been operating for 16 years so sees no reason not to give them a permanent Special Permit. Thornsberry asked if they are only given a one-year Special Permit, would they have to apply again to which Schroeder responded that they would not have to reapply or pay the fee again. -4- Page 163 of 521 City of Waterloo Board of Adjustment August 22, 2023 Thornsberry asked if it was possible to put a condition that the church reports back about any concerns about parking, to which Beckman noted that would have them policing themselves and would be better if an independent source checked on the parking situation. It was moved by Thornsberry, seconded by Holdiman, to approve the request Grace Reformed Church for a 1 year temporary Special Permit that expires on October 1, 2024 to allow for the use of a home for youth gatherings in the "R-2" One and Two Family Residence District located at 1322 Shady Lane. Motion carried unanimously. 4. Request by the Waterloo Community Schools for a Special Permit to allow for a new parking lot on the former site of Sloan Wallace Stadium at Irving Elementary School in the "R-3" Multiple Residence District located south of Irving Elementary School at 1115 West 5th Street. Hyberger read the staff report recommending approval of the request. Holdiman asked if it would be in addition to the existing parking lot to which Hyberger answered yes. Lane Clary, ISG was available to answer questions. Thornsberry asked if permeable pavers were considered for the design to help with water runoff, to which Clary answered that it has been considered and it will depend on the economics of it. Dawn Ferry, 1117 West 6th Street stated that the school district has not taken care of the fence at their existing parking lot at Johnson and Locust Streets and would like them to fix that before being allowed to construct another parking lot. It was moved by Gustafson, seconded by Beckman, to approve the request by Waterloo Community Schools for a Special Permit to allow for a new parking lot on the former site of Sloan Wallace Stadium at Irving Elementary School in the "R-3" Multiple Residence District located south of Irving Elementary School at 1115 West 5th Street. Motion carried unanimously. IV. Discussion The next meeting of the Board of Adjustment will be on September 26, 2023. V. Adjournment It was moved by Beckman, seconded by Holdiman, to adjourn the meeting at 5:24 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner II -5 Page 164 of 521 Community Development Meeting Minutes July 18, 2023 I. Call to order Board Chairman Cody Leistikow called to order the regular meeting of the Community Development Board via zoom at approximately 4:07 p.m. on Tuesday, July 18 2023. Leistikow asked for an approval of the agenda for July 18, 2023. It was moved by Weekley and seconded by Hummel to approve the agenda. Motion carried. II. Attendance: Present: Cody Leistikow, Jessica Rucker, Tina Hummel and Angela Weekley Members Absent: Cam Campbell Also Present: Rudy D. Jones, Community Development Director; Anita Rousselow, Administrative Secretary; Angie Fordyce, Community Development Coordinator, Nia Wilder, Councilperson; Rob Nichols, Councilperson and Belinda Creighton Smith, Councilperson III. Last month minutes Leistikow asked for a motion to approve the minutes for the board meeting held on June 20, 2023. It was moved by Hummel and seconded by Rucker to approve the minutes of the meeting for June 20, 2023 meeting. Motion carried. IV Old Business: a) Staff Updates: Staff is evaluating resumes and will provide a list to Human Resources to begin interviews. Current staff is maintaining a steady pace with existing workloads. b) Ricker/Gable Street Development— • 232 Ricker Street is progressing well and is about 75% complete. Several pictures of before and after were attached to show the status of the rehab. Siding is being placed currently. • 228 Ricker Street was purchased by a private party and have begun to clean it out • 227 Ricker — the legal department is working on getting this unit demolished Page 165 of 521 • 200/300 Block of Gable, trees are being cleared from the lots. c) Annual Action Plan A public hearing was held on July 18th at City Council. The Council approved the plan. V. New Business: a) Endorse Contracts June 2023: Leistikow asked for a motion to approve the contracts signed in June of 2023.Hummel made a motion to approve the contracts for June and Weekley seconded that motion. Pictures were attached to show the rehab at 1448 West 2nd Street b) Neighborhood Services Report: c) Edison Park Project -a link was attached to show the progress of the playground equipment going up at the old Edison School Site. VI. Discussion Items: a. VII. Adjournment Leistikow asked for a motion to adjourn the meeting. A motion by Weekley was made to adjourn and seconded by Rucker. Motion carried. Meeting Adjourned. Minutes submitted and approved by board. Page 166 of 521 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department AGENDA ITEM TITLE Historic Preservation Commission minutes of August 15, 2023. RECOMMENDED COUNCIL ACTION Approval. MEETING DATE October 16, 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. Historic Minutes 8-15-23 Page 167 of 521 WATERLOO HISTORIC PRESERVATION COMMISSION MINUTES REGULAR MEETING — August 15, 2023— 4:00 P.M. The meeting was held in the Harold E. Getty Council Chambers at City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission to order at 4:00 p.m. Commission Members present were: Ed Ottesen, Jared Hottle, Nick Hedrick, Terry Stevens, Susan Price, Hector Salamanca Arroyo (left at 4:20pm), Matthew Gilbert (arrived at 4:15pm), and Cole Weliver (arrived at 4:25pm) Commission Member(s) absent were: Ivan Valtchev Others present were: Lexi Schneider and John Dornoff — Planning Staff; Thomas Zahn and Associates, Mayor Hart, Tara Thomas-Gettman — Director of Strategic Communication, Ed Gallagher — Grout Museum, Charles Pearson, Timothy Clark and five members of the public. Approval ofAjienda Motion made by Hedrick, seconded by Price to approve the agenda of the August 15, 2023 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Hottle, seconded by Hedrick to approve the minutes of the July 18, 2023 regular meeting. Motion carried unanimously. Oral Presentations No Report Hearings 1. Request by Timothy Clarke for a Certificate of Appropriateness to allow for vinyl siding on the rear portion of the home at 136 Prospect Avenue. Schneider summarized the staff report. Clarke explained that the existing siding is bulging and deteriorating in places. The vinyl is being requested because replacing it with wood would cost about $15,000 versus $7,000 for vinyl. The portion of the siding that is being requested to be replaced will not be seen from the street and is only a small portion of the home. Price asked if the portion that will be replaced is only the back of the house, to which Clarke confirmed it is only the rear part of the home. The rest of the home is stucco. Ottesen questioned if the rear portion was original to the building. Clarke was unsure if that part is original. Clarke noted he was given a quote for $900 to remove the bees and temporarily fix the existing siding. -1- Page 168 of 521 Hedrick asked if Clarke's rear portion of the home faces the alley, to which Clarke confirmed it does. Price questioned if it would improve the look of the house. Clarke stated it would because the wood is not in good shape. Clarke stated he has received multiple bids for vinyl siding from different contractors. Hottle asked if he got a quote for fiber cement board, to which Clarke explained that none of the contractors he spoke with offered fiber cement board. Hedrick explained the lot is located on a T-shaped alley and there would be only two properties that can see the home on the back side. Although, the use of vinyl is not recommended, the location of the siding will not have a large effect on the appearance of the neighborhood. He did still have a concern with the change possibly affecting the homes status of being eligible for the National Register of Historic Places. Hottle questioned if vinyl has been approved in the past, to which Hedrick noted it has only been approved on homes that are on the outskirts of the district and therefore did not need Historic Preservation Commission approval. The commission did not want to set a precedent for vinyl siding in the historic district. Clarke stated since it is a dual sided structure, it may not set a precedent. Ottesen asked if he would entertain a quote for fiber board, to which Clarke confirmed he can do that. It was moved by Hedrick, seconded by Price, to table the request by Timothy Clarke for a Certificate of Appropriateness to allow for vinyl siding on the rear portion of the home at 136 Prospect Avenue to allow the owner time to get a quote for fiberboard material instead of vinyl. The motion carried unanimously. 2. Civil Rights History Study Thomas Zahn began by introducing his team. The history and location of the different properties included in the study were summarized by Zahn. He explained Amanda Loughlin had previously conducted survey's on a few of the properties in the study, such as Local 46 Union Hall. Mica Anders gave an explanation of a map showing the 6 locations of the markers. Anders noted the Tredwell Tourist Home is the only tourist home that is still standing of the few that were listed in the Greenbook and this is recognized on the marker. The markers may be placed in one location but the description and history often go beyond that one location. Gar Patterson noted the entrepreneurial energy could not be tagged to a specific property, but it was present when speaking with community members. Anders noted the Furgerson-Fields Park marker is slightly larger than the other markers at 3' by 3' and it will located in the park. Public Works is fabricating and installing the markers. They -2- Page 169 of 521 will also be maintaining the markers over time. The colors were recommended by the Commission and red was chosen to be the prominent color to be cohesive with the other signs in downtown Waterloo. The different font sizes were chosen to cater to all modes of transportation for visitors, such as walkers, bikers, vehicles, etc. Bethany Gladhill described the National Register Amendment portion of the project and noted the Union's in Waterloo and their relation to the Rath Administration Building were analyzed. The team put together an amendment to the National Register nomination for the Rath Administration building. One concern the consultants and the State Historical Preservation Office had with the nomination was the integrity of the building, because it is not in the best condition. Gladhill noted 705 Beech Street was also looked at as a possible site to nominate for the National Register of Historic Places. The staff at Thomas Zahn and Associates feel strongly about having that property recognized, but understand it could be difficult since they need the permission of the property owner. If they could get permission, they may look at nominating the project pro- bono because they feel so strongly that it should be on the National Register of Historic Places. Gladhill stated a multiple property listing should be investigated for the city and could be focused on the black churches in the city. Stevens stated she has concerns with the amount of information described for East High School. She noted it is not sufficient enough to only state "In 1968 this happened". There should be something in there about the school being a desegregation school for the City of Waterloo. Stevens noted it is critical in her opinion to give appreciation to the people who have contributed to Waterloo's Civil Rights History, not just the buildings. Stevens explained that her father's story and other's stories showing strength should have been shared through this project, rather than just addresses. Zahn responded by noting Amanda Laughlin completed the form work for East High School. Patrick Rhone noted the survey is guided to certain stories to be considered for the nomination and the stories may not always be National Register eligible, but once the survey forms are received, you will see the stories included. Ottesen explained the Main Street Design Council had concerns with the Haffa Building marker. At the meeting, the council questioned where the sign would be located and the size of the sign. He noted the preference by the council would be to have it located on the building and a smaller size. Hedrick questioned what the plan for the sign is and would like to see the street sign pole be more of a monument sign and be more cohesive with the other signs that are in downtown Waterloo. Anders noted the cost per sign and the budget is what mainly dictates the design of the sign. Making the sign poles black and with a metal pole has been discussed with Public Works and they are working on getting pricing for those changes. Gilbert asked if the sign is two sided, to which Anders confirmed they are two-sided. He -3- Page 170 of 521 questioned if there is a reflective piece to the marker to show it in the dark. Anders explained they have not seen a mock-up of the sign, yet. They have seen the size of the marker but have not received an answer on the reflectiveness. Gilbert would like to view the sign at night and have some reflectivity to the sign. Hedrick mentioned the Civil Rights Study and Thomas Zahn and Associates work should be built on by the commission through social media and the city website. Gilbert asked what the next steps for the project are, to which Gladhill noted there are many opportunities for next steps, such as social media. It would be great to figure out a way to represent those people and places with something other than a marker. Zahn added that he will be sending Amanda Laughlin's work as well as his own to the city as a full package. Tim Coolman stated it would be helpful to have online resources for this information and supported the idea of QR codes on the markers to give more information. Pearson explained Waterloo should have a Historical Society and more black preservation partners. Rebecca Sparks completed a survey of the Smokey Row Neighborhood and recommended a second survey to include more properties in the triangle area. He described different components of Civil Rights in Iowa and noted the City of Waterloo worked with him in 2016 to recognize city -owned properties that were part of civil rights history. Gilbert stated the Historic Preservation Commission is capable of enacting a task force to further this project. Hottle noted he would like to see the survey forms when they are complete and he would like to see the work Charles Pearson has done. Hottle agrees a task force should be created for this project. Stevens made a motion to create a task force to further the research done for the Civil Rights History project (Historic Preservation Commission Ordinance Section 181/2-7. Powers, Duties, and Responsibilities). Motion carried unanimously. Discussion Items: 1. National Trust for Historic Places Past Forward Conference 2023 Gilbert noted the National Trust for Historic Places Past Forward Conference will be November 8 to November 10, 2023 in Washington D.C. This is the first in -person Conference since the pandemic. He explained the conference is a great way to achieve the training hours required by the commission to be a Certified Local Government Commission. 2. Grout Museum Report Gallagher mentioned the Grout Museum has been working on Civil Rights History, as well. The Grout is holding their Historic Homes Tour August 26, 2023. A Waterloo in World War II -4- Page 171 of 521 exhibit will be coming to the Grout to show Waterloo's part in WWII. Adjournment Chairperson Gilbert adjourned the meeting at 5:38 p.m. Respectfully submitted, Lexi Schneider Planner I s- Page 172 of 521 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Housing Authority Department October 16, 2023 AGENDA ITEM TITLE Waterloo Housing Authority Board minutes of September 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. WHA MTG 9-18-2023 Page 173 of 521 WATERLOO HOUSING AUTHORITY, Governing Board Meeting Minutes Monday, September 18, 2023 at 4:45 PM Harold E. Getty Council Chambers — Waterloo City Hall Members Present: Grieder, Boesen, Nichols, Creighton -Smith, Chiles, Feuss The meeting was called to order at 5:00 p.m.by Chairperson Grieder. Motioned by Rob Nichols and seconded by Dave Boesen to approve the agenda and minutes of the July 17th, 2023 meeting as proposed. Ayes: All — Motion Carried New Business Motioned by Dave Boesen, seconded by Rob Nichols to accept the 2023 HUD FMRs/Payment Standards. Julie Dawson explained that as HUD had only raised the FMRs very slightly this year (in fact the 1-bedroom FMR actually decreased by a few dollars), she recommended a $20.00 across-the-board increase in the payment standards, as rents continue to increase in the City of Waterloo. The new standards are still between 90% and 110% of the new FMRs, which is required by HUD. Ayes: All — Motion Carried Motioned by Ray Feuss, seconded by Dave Boesen to approve and place on file the Housing Authority report including the Leasing, HAP, and Administrative Fee Utilization Report. Ayes: All — Motion Carried Motioned by Jonathan Grieder, seconded by Rob Nichols to adjourn the meeting at 5:05 p.m. Ayes: All — Motion Carried JD Page 174 of 521 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department October 16, 2023 AGENDA ITEM TITLE Darrell Caldwell Sr. Board/Commission: General Contractor Board Expiration Date: October 16, 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 - Darrell Caldwell Sr Page 175 of 521 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: 1(-1 1, JP't p(` - &ii iA) el 1 6 (Name) 1. Se N e &\ -I ,cam rr & ' cc 2 Nome Phone: Cell Phone: 3/ 1 - /(/ LiA©_8 Work Phone: Home Address j (c ±/ W nonccie S .f- Zip Code 50 '703 Employer p .1- I) CGr1 Si- -'Gr\ Title CXd y Employer Address I I AI-1 L) n cn' ci ci- & ` Zip Code 5 U 7C&3 How long have you resided in Waterloo? 5 } (5 years List current membership in organizations and offices held: kn ,‘, .1-4 p.- P/-0i tS .-8 , request to be appointed to (state preference): I am available for meetings: I.] A.M. 4'<P.M. ❑ Noon Li Evenings am available to serve on a Board/Commission the entire year: kYes ❑ No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: Additional information and comments that may not be evident from information already on this form: References (include phone numbers): Gr CS Al Al in 01 in 3 ) St - , 9 1 -- ' 3 J 9 )eon Mc )ey 3 i9- 1 9-to5? 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. Signaturey..at t aize304 RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 Rev04/1412014 FAX 291-4286; EMAIL: mayor(a7waterloo-ia.orq; PHONE 291-4301 Page 176 of 521 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department October 16, 2023 AGENDA ITEM TITLE Liquor Licenses a. Eventos VIP, 32 Lafeyette St., Class C Alcohol w/Sunday Sales (Renewal) Exp: 10/4/2024. b. M&J Caribbean Restaurant, 926 LaPorte Rd., Class C Alcohol w/Sunday Sales (New) Exp: 9/7/2024. c. Mersim's, 126 E. Ridgeway Ave., Class C Alcohol w/Outside Service and Sunday Sales (New) Exp: 9/7/2024. d. Carpenter's Diner, 518 Jefferson St., Class C Alcohol w/Sunday Sales (New) Exp: 10/31/2024. e. The Next Level, 229 E. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (New) Exp: 9/30/2024. f. Express Mart, 2027 Falls Ave., Class E Alcohol w/Sunday Sales (New) Exp: 6/11/2024. g. Fareway #951, 40 W. San Marnan Dr., Class E Alcohol w/Sunday Sales (Renewal) Exp: 11/15/2024. h. Hy-Vee Fast 7 Fresh #1, 3700 University Ave., Class B Alcohol w/Sunday Sales (New) Exp: 11 /1 /2024. i. Hy-Vee Wine and Spirits #1, 2126 Kimball Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp: 11/14/2024. j. Jameson's Public House, 310 E. 4th St., Class C Alcohol w/Outdoor Service, Caterina and Sunday Sales (Renewal) Exp: 11/2/2024. k. Kwik Star #1004, 111 E. Donald St., Class B Alcohol w/Sunda Sales (Renewal) Exp: 10/14/2024. I. Longhorn Steakhouse #5374, 1425 E. San Marnan Dr., Class C Alcohol w/Sunday Sales (Renewal) Exp: 8/31/2024. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Page 177 of 521 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 178 of 521 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department October 16, 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 10.16.23 Page 179 of 521 RIGHT-OF-WAY CONSTRUCTION BONDS FOR COUNCIL APPROVAL October 16, 2023 100239663 CAMACHO'S CONCRETE, LLC POSTVILLE, IA 100229764 COMMUNICATION DATA LINK, LLC GRIMES, IA 100236566 HUL-CON CORP GENESEO, IL Page 180 of 521 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 October 16, 2023 AGENDA ITEM TITLE Sale and conveyance of city -owned property 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 a new 6,500 square foot building and a future 6,000 square foot addition, located northeast of 3151 Titan Trail. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request 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. NEIGHBORHOOD IMPACT This area is seeing positive growth and 12,500 square feet of new buildings will continue to propel this area as an attractive place for developers. DATA, ANALYSIS, AND STRATEGIES Economic Development, Sale of City Property. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 181 of 521 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 182 of 521 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 183 of 521 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 184 of 521 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 185 of 521 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 186 of 521 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 187 of 521 (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 188 of 521 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 189 of 521 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 190 of 521 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 191 of 521 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 192 of 521 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 193 of 521 (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 194 of 521 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 195 of 521 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 196 of 521 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 197 of 521 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 198 of 521 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 199 of 521 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 200 of 521 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 201 of 521 / 0- P.� co / / / t / r I / / / / / / / / / z \ • • • \ 01 I� / / / / / / / / / ,/ // / / •/ j/ / / /I / I /, / 1 / / /' / I 1\I / / J C7i iiir-///- I(l III r-/ III <� i Detention Pond / / I / I I I p �v I (4) PARALLEL "\\`/ Ix �e I PARKING STALLS l(// / I j' P ``t // /i . \ \\ • I \\ / I / / ) , \\ N. / �` \ \`� \\ \` I / � / NN. N. N. . N. N. / 1/ / / . . • •\N. N. • N. • . \ \ . 11 \ \ X •\\ `\\ . • \ \•\ II 1 \\ \ .\\ .\\ ` • �.� \•\ `\ • 1\ 1 1 \\ \\` \\`•\\•\\` \\��` \`. \ 1 \\ \• \ �\ \• \ `.` `• .• \\ \ \ • • • • • • • • • \ • ♦• • • ` \\ \\• \♦\` \\♦�\ \\ `\\. \\`. \\`'. \ \ ` \ \ N. ` \ `. `. N.N. \ \ .\ \ .\\ N. \\ \\\ \ \\\ .�\\ Co \\\ •\\\ .\\\ •�\\ •�\• \\ ` \ ♦ `•``. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • \• • •• • • • .• • • .• \ `\• • • .• • • • • • • — / \ \ \ \ \ / N 6,000 Sq. Ft. Future Building / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / ://• ///://// / / 7/ / // I 4 • N. N. / / / / PROPERTY INFORMATION: LOT 1, GREENBELT CENTRE PLAT NO. 2, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, EXCEPT PARCEL "F" OF PLAT OF SURVEY DOC. #2016-16188, AND FURTHER EXCEPT PARCEL "H" OF PLAT OF SURVEY DOC. #2023-3984. ZONING: B-P : BUSINESS PARK DISTRICT FRONT YARD SETBACK 25 FT SIDE YARD SETBACK 5 FT* REAR YARD SETBACK 25 FT *5' EXCEPT WHERE OUTSIDE STORAGE WOULD BE A POSSIBILITY, IN WHICH A 25' SETBACK IS REQUIRED. LAND USE: TOTAL SITE AREA = 1.05 ACRES EXISTING IMPERVIOUS AREA = 0.00 ACRES TOTAL IMPERVIOUS AREA = 0.59 ACRES SITE IS 56.2% IMPERVIOUS CD (20 LLJ ci CD m CD LLJ >— 121-6" NORTH , ,-2."""\_.%).; \ -.28" DIA. x 12" THICK CONC. PAD FOOTING ON EAVE WALL \ ...- \ \ ,,. ( , ,-, \ \ \ .N, SHOP ( .÷k) ‘ I 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. \ \ \ ( ' 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-00 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 \ \ ,... \ s7,741M2°' 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 203 of 521 12 CEILING HEIGHT © SHOP CEILING HEIGHT @ SHOP O.H. 12 4 ( STEELS DING J4 EAST ELEVATION KENT ORCHARD POLE BUILING SPAHN & ROSE JESUP, IA CONTRACTOR: GALE MATHEWS 8-27 23 THESE PLANS ARE BEING FURNISHED BY SPAHN & 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 & 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 SPAHNV. ROSE LUMBER CO. DECLINES ANY AND ALL CLAIMS FOR FAULTY WORKMANSHIP. WARRANTIESEXPRESS NOR IM ge 204 of 521 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 205 of 521 Cit11 of Waterloo, Iowa 7Vt ii PH CIE" 206 of 521 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 October 16, 2023 AGENDA ITEM TITLE Sale and conveyance of city -owned property located at 3921 Midway Drive, in the amount of $15,000.00, to Dustin Arends d/b/a Arends Investments, including a Development Agreement. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo obtained title to 3921 Midway Drive by 657A court action. The home was deemed to be in adequate condition that it could be rehabilitated, so the City of Waterloo sent out a Request for Proposals to over 20 individuals asking for proposals to purchase and rehabilitate the home. We received 5 proposals, 3 to rehabilitate the home, and two to demolish the existing home and build a duplex on the property. The Planning Department is recommending that we move forward with the proposal of Arends Investments LLC, who propose to purchase the property for $15,000 and complete the steps to demolish the existing home and build a new duplex, with an estimated sale price of each unit as $300,000 (so $600,000 total valuation). the City of Waterloo took action on 9/5 to set a date of hearing as 9/18, and held the hearing and approved the request, but the approval now must be redone due to an issue with proper published notice of the hearing. NEIGHBORHOOD IMPACT This request will have a positive impact on the neighborhood by elimination of the blighted home, which had been abandoned and become dilapidated. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A Page 207 of 521 ALTERNATIVE ACTION LEGAL DESCRIPTION Lot No. W-Seventy-six (W-76) in "Cedarloo Park", in Black Hawk County, Iowa. ATTACHMENTS 1. Arends infill DA (duplex) 8-23-23 2. Dustin Arends Proposal Page 208 of 521 Preparer: Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2023 by and between Dustin Arends, d/b/a Arends Investments ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct a duplex dwelling and related improvements on property located in the City of Waterloo as an infill lot in an established residential neighborhood, as described on Exhibit "A" attached hereto (the "Property"). B. City considers infill residential development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Project (defined below) is being 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 of this Agreement, City shall convey the Property to Company for the sum of $15,000.00 (the "Purchase Price"). City acknowledges receipt of the sum of $1,000.00 as earnest money, which shall be applied to the Purchase Price at closing. Conveyance by City shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its 1 Page 209 of 521 own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Company agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. Before commencing construction, Company shall demolish the existing structure on the Property and properly remove and dispose of all debris, including felled trees and brush (also see Section 8.E below). Company shall then construct on the Property one (1) duplex home as further described and depicted in Exhibit "B" attached hereto. Each home shall be built on a concrete slab and consist of no less than 1,176 square feet, include a double - wide attached garage per the plans attached as Exhibit "B," and have an estimated value of $300,000.00 upon completion. The Improvements shall be completed to a finished state, including installation of paved driveway, sidewalk, removal of all construction debris, proper leveling or shaping of groundscape and grassing and/or landscaping (construction and finishing as so described are referred to as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company shall submit specific building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Company under this Agreement are collectively referred to as the "Project." 3. Timeliness; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain a demolition permit and begin demolition activities within fourteen (14) days after receiving title to the Property (the "Project Start Date"), obtain a building permit and begin construction of the 2 Page 210 of 521 dwelling within two (2) months after receiving title to the Property, and Substantially Complete construction within twelve (12) months after the Project Start Date (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" 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 Project elements for which no permit was necessary have 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 the Project or Substantially Complete construction of the Improvements on the schedule(s) stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 15, 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. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 15, 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. 4. Reverter of Title; Indemnity. In the event of any reverter of title hereunder, 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 3 Page 211 of 521 required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, 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. A "Lien" is any lien, claim, charge, security interest, mortgage or encumbrance on, against or affecting the Property. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. 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. 6. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 7 Incentives. To aid in the Project, City will provide the following incentives: A. Infill Housing Grant. As provided in the City's infill housing policy, City will pay Company a grant of $10,000.00 (the "Infill Grant") ($5,000.00 for each unit) within ninety (90) days after Improvements have been verified by City as Substantially Completed. B. Refund of Purchase Price. City will refund $5,000.00 of the Purchase Price to Company on the same terms as its payment of the Infill Grant. C. Partial Tax Exemption. Because the Property is located in a designated City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company or its successor in title meets all requirements to qualify for such exemption. 8. 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: 4 Page 212 of 521 A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where 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. 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 agrees during construction of the Improvements 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. E. Company shall deliver to City proof issued by an appropriate third party (e.g., Black Hawk County Landfill) of proper disposal of all demolition debris. Such proof shall be provided to the City Planner by the first business day of each month with respect to all debris disposal that occurred in the preceding calendar month. 9. Reimbursement to City. The parties acknowledge that City obtained title to the Property through an action prosecuted under Iowa Code Chapter 657A. Defendant in said action is a principal of Company, and Company included within its bid a promise to repay the City for attorney fees, court costs and other legal expenses incurred by City in said action and in handling related matters related to the Property arising from dealings with said principal. No later than the date of conveyance of title, Company shall remit to City the sum of $2,452.27 as reimbursement to City for its legal fees, costs and expenses through August 11, 2023. 10. 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 thereon, 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. 5 Page 213 of 521 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Reserved. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants 6 Page 214 of 521 and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its employees, contractors or agents, or any other person who may be about any of 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 construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Company's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified part. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. 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 demolish existing structures, to make the Property ready for development, and to cause the construction of the Improvements on the Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements or this Agreement, without the prior written consent of City; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its 7 Page 215 of 521 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 the Property. E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 15. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement, in whole or in part. Before exercising such remedy, City shall give 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 Developer before the date of termination and/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. 8 Page 216 of 521 16. 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. 17. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 18. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 19. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 28521 325th Street, New Hartford, Iowa 50660, Attention: Dustin Arends. 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. 9 Page 217 of 521 20. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 21. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 22. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 23. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 26. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. 10 Page 218 of 521 CITY OF WATERLOO, IOWA COMPANY By: Quentin M. Hart, Mayor Dustin Arends, d/b/a Arends Investments Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned owner(s) 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. Dustin Arends Michael Arends 11 Page 219 of 521 EXHIBIT "A" Description of Property Lot No. W-Seventy-six (W-76) in "Cedarloo Park", in Black Hawk County, Iowa. 1 Page 220 of 521 See attached. EXHIBIT "B" House Plans 1 Page 221 of 521 City of Waterloo Property Offer to Bid Form Property to be bid upon: 3921 Midway Drive Name(s) in which property would be transferred: A'eii Tr<ves' tne'ds t,G' ' Dvsi i I44( 4'-ekds Transfer Form: ,Tne1 i v; U A( t W n'r-sL (For example, individual ownership, tenants -in -common, joint tenancy with full rights of survivorship) Name of bidder: Ajkfsk'jA Artilla S Address of bidder: lSS2( 3 2G4 S. e �/ , � S 0((cx Phone & e-mail of bidder: 311 r Z.k9 ^ 4 7 9 ( duSk\n c(-bids ID@ J mg',1 Go c� My offer for this property is: $ J S O "0O. O 0 Minimum bid of $5,000. Proposals less than minimum will not be considered $1,000.00 earnest fee required. Indicate certified check or money order: (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties. Certified check or money order required.) Brief Description of intended Improvements and proposed use: Dcw o c.,(,54+n'5 ioWSz New Cc30s43rullit'h o- • (-Lek "( 0 in prbezr-,1 Furthermore, I understand the zoning designation of the property and understand the zoning and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of fourteen (14) months and other development provisions. Successful bidder will pay unpaid asbestos inspection and asbestos abatement expenses per the attached specs. na� S of can proposer Date * Please Place this sheet at the beginning of your bid packet when submitting to the City Planning Department. If bidding on multiple properties, please use a separate bid packet for each bid. Page 222 of 521 1. Proposed Use: Demo & New Construction of a residential Duplex for General Sale or rental. 2. Proposal of home is to be finished with vertical white vinyl siding, and black & or white Anderson Windows. There will be a patio out back with a privacy fence between the two units. 3. Approved for financing for this project through Peoples Savings Bank, Wellsburg, IA. Contact Chelsea Beving- 641-849-7327. Attached is Finance information. 4. Project Team: Dustin Arends 28521325th St. New Hartford, IA. 319-269-4990 Mike Arends 33498 110th St. Cedar Falls, IA 319-240-1125. The construction team has been involved in hundreds of new construction homes through out the Cedar Valley for the past 15-20 years and is a licensed contractor with the City Of Waterloo. 5. Time table: If approved begin Demo of property within 3 days of approval. 5-7 days for demo and bringing fill in for lot. Once demo is finished begin construction of duplex. From start to finished the project for example Start date of September 15t should be finished by the end of February 2024 as long as there are no material delays. 6. Bid Price- i S (Do 0 . 0 0 7. We are also willing to cover expense of Chris Wendling (City Attorney) that the city has occurred. 8. Expected valuation once project is completed: $300,000 per duplex. $600,000 total valuation. 9. Full Project financing in place with no contingencies. 10. List of Contractors ready to begin (attached quotes) Martinson Construction, G&G Plumbing, Hoien Enterprises, Iowa Wall Systems, Midwest Foam, Mcdonald Construction, A&D Construction, Duayne Shepard Cabinets, Adratic Granite, Ted Electric, Spahn & Rose Lumber, Arends Excavating. 11. Special Terms: We would be willing to cover any expense incurred by the city for Chris Wendlands services on the matter. We are ready to begin this Demo project ASAP. We could start this project as quickly as I can get my demo permit possibly 8-14-23 or 8-21-23. Construction of the duplex would begin immediately after demolition. Page 223 of 521 rtl ArchitecturalDesigns Duplex House Plan with 3 Clustered Bedrooms and a 2-Car Garage Pk I.e!!^d IH>I 2,352 2 Heated S.F. Units I"I 80' 0►r Width Plan 42704D 51' 0" Depth Buy This Plan Study Set - Digital PDF Single -Build $1,190 $1,880 CAD + PDF -Single-Build Oac PDF - Unlimited Build $2,380 CAD - Unlimited Build View all purchase option online 6-3gam D Page 224 of 521 ,r� Architectural Designs Plan 42704D .rw, icg quity horse Oars for atr 40 ye lrs View this and more for this plan by visiting www.architechtecturaldesigns.com/42704D8 Need Help? 1 Plan 800-854-7852 42704D Page 225 of 521 ,I t Architectural Designs About This Plan Plan 427O4D • This duplex house plan gives you two matching units, each giving you 1,176 square feet of one -level living. • Each unit gives you 3 beds, 2 baths and an open floor plan. • An extra -deep garage gives you great storage. • There is a drop zone as you come in from the garage helping keep clutter out of the kitchen. The kitchen ha an island with eating bar for quick meals. • There's even a rear covered patio so you don't have cancel grilling out due to a rain shower! Main Level Family Room 4'f Floor Plans Slab/Crawlspace Option ee<c�rya b,Desgier View this and more for this plan by visiting l Need Help? l Plan www.architechtecturaldesigns.com/42704D8 800-854-7852 42704D Page 226 of 521 SArchitectural Designs solfry pr.rty base firs for row 40 rears. Square Footage Breakdown Total Heated Area: 2,352 sq. ft. Beds/Baths 1st Floor: 2,352 sq. ft. Bedrooms: Full bathrooms: 6 4 Foundation Type Standard Optional Foundations: Foundations: Basement Walkout, Slab Exterior Walls Standard Type(s): 2x4 Optional Type(s): 2x6 Dimensions Plan Details Porch, Front: 76 sq. ft. Width: Depth: Max ridge height: 80' 0" 51' 0" 21' 8" Garage Type: Area: Count: Entry Location: Attached 1044 sq. ft. 4 Cars Front Ceiling Heights Floor / Height: Lower Level / 9' 0" View this and more for this plan by visiting www.architechtecturaldesigns.com/42704DB Plan 42704D Need Help? l Plan 800-854-7852 42704D Page 227 of 521 rr, Architectural Designs sang rw:ti hme Oars for on, 40 yam First Floor / 9' 0" Roof Primary Pitch: 6 on 12 Secondary Pitch: 8 on 12 View this and mare for this plan by visiting www.architechtecturaldesigns.com/42704DB Need Help? 800-854-7852 Plan 42704D Plan 42704D Page 228 of 521 0 1 ; 1 to I 1 b 1• OWNER'S SUITE ,11 01 • BEDROOM LIVING ROOM Ib 0 NO o 0 .9e L 0 0 LIVING ROOM 0 F re' 0 *-,zr 1 NO .SZ r 04 0 0 04 1 Page 229 of 521 Amount Contractors Foundation $29,650,00 Martinson Construction Plumbing $19,800,00 G&G Plumbing HVAC $41,600.00 Hoien Enterprises LLC Drywall $16,586.00 , Iowa Wall Systems insulation 15,40D 00 ` Midwest Foam Framers $29,500 Mcdonald Construction Finish Carpenter $13,500.00 . A&D Construction Cabinets $10,000.00 Duayne Shepard Countertops $9,460.00 Adratic Granite Electrical $23,900.00 Ted Electric Flat Work $23,775.00 Martinson Construction Plumbing Supplies $3,000.00 : Amazon/Box Store Flooring 7,000.00 Box Store Painting 10,000.00 Arends Lumber $89,016.79 Spahn & Rose Total 322387.79 :. Excavation & Backflll & Site Grading Value: $20000.00 Arends (NO COST) Page 230 of 521 MARTINSON s a n s t e 3842 ifir Nana Ih' y Woindon. IA IsI'703 Phone 219-232-4000 Fax 31.-232-5O20 PROPOSAL ProWsaf Sobmi0d b Arends Date December 9, 2022 Addrt•_ss Phma 319-269-4990 Job Name and Loraisn Midway Duplex E2r51 dystins ronds10O4roail con{ C. Strew, Zip Waterloo, IA D.10 011'1.1 &Arched Martinson Construction Foundation Plan 12-09-22 Wenereby e-errs 8pei&ns end esto,.a?es, wajectio 010005 22223 cendw.,s asset bN4 as feloos. Initial Accepted Linea Foundation: Foundation Details: See Martinson Construction Foundation Plan 12-09-22 ryp?ca1 Foundation: 165'8' FooEings (20'WO for beck of stoop and common wan); 4' 0'a8' Wan (10' wide for pack of stoop and common wad): rSfyrofoam Flatwork: House Floors: 4" floor; 10 mif visqueen; 6 gauage wire mesh Garage Floors: 4' floor: #3 rebar 3' o.c. Stoop Caps: Total Cost: $ $ $ 5 15,875.00 $ 6,500.00 $ 1,400.00 $ 29,650.00 $ 53,425.00 Rote, Proposal is based on estimated ma.todaf price increases for 2023. Proposal may need to be adjusted of tine orbs dduo to material price votaRrty. NOW FOundatbn PMra23343se2 and approved byconlraclor. 5 $ 5 Excludes: Fel Material, Sol Testng, Egress Whdaes,Walerproofrg, Brick Ledge, SWPPP, Sump Pit&Pomp, Dock Augured Post Hoke, Excovotbn, BackEe Assumes: Access to s/te prayded by contractor Price Does Not -include f#. Price Is based an grade being compacted and within 1110 of a foot. $ t{o'x dda proPO0e1 may boMI-n esse byes ifnot xce5kd nahi, 30 dye TJ�al4.4.tu�oH. AR cno,0 slangy.. ACCEPT€tr The Apia pfresad and -ions aaestracepy and ere h 00y ertpp'ut. Yon we a ltorke0 b d0 es elt as 2.2322fAKI. Payin004w11 be made es 0, 4rs0 000,0- S4neyrra 0r/.0 sgnakrre cONINrpN&• At ma'am b guam'ied robe es spec -FM. At mod, to be wargosd 0 a nortnat-2xe mama a tiara to steeled pra:ccs. Anyaterai:n or defa'a,n horn e00-s e0,0a00600s M.MM9 coca costs we be 0000ad o[eytem 0Ccn onde,,, and w5 become en e'da chew OM .Are the e0C�oate. AI ear00rxn1e mnfnaentupoa a00,e, accdantsor de`ats beyond ow comet 0000r10 carryfee, tomad% aM.her ne:.nsty insurance. Our workers are tuy towed by Weits.e'e Co0gxsatbsn inswa+tce. Past due accounts ere subject to e se++ce charge Prt 1/2 y, petmono, With is 18% some tare ncarang iso-oee tees. Page 231 of 521 Hoien Enterprises, LLC 33809 270 St, Reinbeck, IA 50669 319-404-4422 tjhoien@outlook.com www.hoienenterprises.com Dustin Arends Duplex 12-5-2022 Provide HVAC for new duplex construction to include (per unit): • Install all necessary supply and return duct o Seal supply and return ducts • Install duct for two bath fans • Install duct for one clothes dryer on main floor • Install energy recovery ventilator • Install natural gas piping from exterior of house to o Furnace o Water heater • Install HVAC equipment as specified below o RUUD model R95T 40,000 BTU single stage furnace (95% efficient) o RUUD model RA1424 air conditioner. 2 ton, 14 SEER single stage o Honeywell digital thermostat • Ductwork to be installed in attic. Duct to be encapsulated in closed cell foam by others. • City of Waterloo building permit Estimated install cost - $41,600 (total both units) Page 232 of 521 Midwest Foam and Insulation, Inc. 1040 W. Cedar-Wapsi Rd. Cedar Falls, IA 50613 Jeremy Clayton, Owner 319-231-4321 Name / Address Dustin Arends 319-269-4990 *dustinarendsl0@gmail.com Proposal Date 10/28/2022 Project 3026 Insulation Proposal- Duplex Price is per unit Description Total Main Floor: 9' walls + "HEEL" Will insulate the exterior walls using the "BIBS" system. (Net & blown Fiberglass insulation) R-23 insulation value. * Includes spraying the "HEEL" by the chutes & blocking. Infiltration Pkg: Will foam all windows & walk-in doors throughout. Will foam/caulk all interior wall infiltration areas. Will foam/caulk all exterior wall infiltration areas. Garage Insulation: 9' walls + "HEEL" Will insulate the exterior walls using the "BIBS" system. (Net & blown Fiberglass insulation) R-23 insulation value. * Includes spraying the "HEEL" by the chutes & blocking. Attic Insulation: 1,250 sq. ft. (H) / 500 sq. ft. (G) Will insulate house attic to an R-50 with blown Fiberglass insulation. Will insulate garage attic to an R-38 with blown Fiberglass insulation. * Includes installing all proper venting & blocking throughout. * Includes insulating attic access. Setup/Cleanup Included Terms: Payment due upon completion. Thank -you 3,900.00 1,200.00 2,600.00 Respectfully submitted, Lynn Kannegieter 319-242-1162 Total: $7,700.00 Page 233 of 521 11/18/2022 319-290-7974 PROJECT BID Name/ Address Dustin Arends Midway Dr. Waterloo, IA 50701 _ . [� O NE'� T R U C T 1© N Job Description- Slab Duplex -Condo framing. 1245 sq. ft. ranch with 2 car garage per side. -Framing —Walls (exterior/interior/garage), roof trusses, sheeting, house -wrap, truss bracing/ strapping, drywall nailers. -Frame eyebrow (1) on front gable according to elevations. -Frame party wall with 2 layers of sheetrock on inside of assembly. Maintain 1" air gap. -Install sheetrock on party wall gables to carry fire -wall up to roof deck. -Installation of windows/ exterior doors. Flash all units -Materials and fasteners to be supplied by Dustin Arends. Framing Bid Total- $20,000.00 Roofing Bid Total- -Installation of asphalt shingles with underlayments. -Approximately 50 sq. Siding Bid Total- -Installation of aluminum soffit/fascia. -Installation of vinyl siding. -Approximately 32 sq. Smcdonaldconst@gmail.com $3,000.00 $6,500.00 Page 234 of 521 4601 Crestwood Dr. Waterloo, Iowa 50702 Ph. 319-296-1663 ! Fx. 319-296-1696 Date: 10/24/22 Proposal Submitted To Work To Be Performed At Dustin Arends Arends Duplex - Supply and hang one layer of 518 dry wall over ceilings levels, lower level stairways and garages - Tape units smooth and texture, fire tape garage _ Haul away scrap and rosin paper Option 1: Finish garages smooth and texture Garages must be insulated, maintain a temperature expansion joints installed or cracking may occur which We recommend back rolling primer to assure best results All material is guaranteed to be as specified, and the above accordance with residential construction performance guidelines specifications submitted for above work and completed manner for the sum of : (see above) with payments to be made as follows: Monthly draws as Also, all disputes will be resolved and compliant with the A finance charge of 1 1/2% per month, which is an annual accounts 30 days past due. Respectfully submitted Note - This proposal may be withdrawn by us if not accepted and partie walls, 1/2 dry wall on remainder, Total: $16,586.00 Add: $1,331.00 of 65 degrees in winter months, and voids all warranties. on any new drywall. work to be performed in and the drawings and in a substantial workmanlike work progresses. residential construction performance guidelines. percentage rate of 18%, will be charged _- main have �. B Amor on Ro !VI. Knudsvg within 30 days. ACCEPTANCE OF PROPOSAL The above prices, specifications, and conditions are satisfactory and are hereby accepted. Iowa Wall Systems, Inc. is to do the work specified. Payment will be made as outlined above. Please return one copy of this proposal once it has been signed and dated, Date Signature Page 235 of 521 Adriatic Granite & Marble Inc. 28147 W.Commercial Ave #6 Lake Barrington, IL 6001,0 Dustin Arends 28521 325Th St. New Hartford, IA 50660 dustina@arendsandsons.com 319-269-4990 P.O. # Terms Due on receipt Arends Duplex in Waterloo, IA TWO KITCHENS: Mid price range 3CM ( Calacatta Pearl, Calacatta Congo, Calacatta Nile or Statuario i Aldan) Quartz kitchen countertops Island top 39" x 9 99" , two 28" x 25 1/2" tops, no backsplash, all fabricated with standard Eased edge treatment, undermount sink cutout, stainless steel sink. FOUR VANITY TOPS: Entry Level 3CM ( Sparkly White, Fashion White) Quartz vanity top 42" x 22 1/2", 4" backsplash, all fabricated with standard Eased edge treatment, undermount sink cutout, porcelain sink. Estimate based on layouts provided, a field measure is required for a final price. - 0 It .'ta p f � '�• % Date 10/25/2022 Estimate # 381302 Due Date 10/25/2022 Other Estimate based on layouts provided, a field measure is required for a final price. Adriatic Granite & Marble Inc. service@adriaticgm.com 847-842-8001 www.adriaticgm.com 847-842-8010 6,720.001 6,720.00 2,740,00 [ 2,740.00 Su btotal Sales Tax (0.0%) Total $9,461.00 $0.00 $9,460.00 Page 236 of 521 Ted Electric1LC 6317 Development Dr. STE A Cedar Falls, IA 50613 US 319-269-7173 Estimate ADDRESS Dustin Arends 28521 325th St. New Hartford, IA 50660 ESTIMATE # 1559 DATE 11/16/2022 I:)ATt _ : DESCf IP t ION. Q7Y }ATE AMOUNT' 01/11/2022 Estimate for a slab on grade duplex located at Midway Dr. 2 11,950.00 23,900.00 Waterloo Estimate Inclusions -counts are per unit: *Electrical permit and inspections *Estimate based on provided plans *Temp electrical service *200 amp meter socket/disconnect on each unit -Midwest termination box to feed each meter socket *200 amp electrical panel in each unit *18-Recessed light fixtures as per unit (inside and 3-outside- 1 in owners suite bedroom closet) *4-ceiling fan/light openings (fan by owner) *2-bath fan/light per unit *1-vanity Tight opening per bathroom (fixture by owner) *4-keyless fixtures in garage *4-GFCI protected garage outlets *Overhead door opener outlet *1-keyless fixture in mechanical room *5-CO/smoke detectors per unit *1-outside carriage light openings (fixture by owner) *3-outside outlets per unit *Standard outlets/switches as per plans *2-TV/Ethernet openings per unit *Gas furnace *Door bell wiring Notes: *1-Dimmer switches included per unit Estimate Exclusions: *Any items not listed in inclusions scope of work *Damage to any personal property not removed from work areas Invoices are to be paid in full within terms. Finance charges will be applied to late invoices, with a minimum charge of $35.00, as well as any legal fees that may be necessary to collect. A 5% Convenience Fee will be added to credit card payments Page 237 of 521 DATE DESCRIPTION `Light fixtures and ceiling fans *Bath fan venting *Utility company charges Estimate is based on today's material pricing. Due to the volatile supplies market, Estimate is subject to change if material prices are increased. Estimate is valid for 15 days from date created Estimate for a slab on grade duplex located at Center TOTAL and Maple St. Cedar Falls Accepted By Accepted Date OTY RATE AMOUNT $23,900.00 Invoices are to be paid in full within terms. Finance charges will be applied to late invoices, with a minimum charge of $35.00, as well as any legal fees that may be necessary to collect. A 5% Convenience Fee will be added to credit card payments Page 238 of 521 GIR SPANN E HD Invoice Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 SPAHN & ROSE LUMBER COMPANY 850 6th St • P.O. Box 581 Jesup, IA 50648-0581 • 319-827-1448 www.spahnandrose.com Delivery Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 Special iniitNotlorts Estimate No Estimate Date Expiration Data Customer Contact Name Contact Number Job Customer Ref Delivery Taken By Sales Rep r 101 u Estimate 297025 10/20/2022 10/27/2022 10CASH Dustin Arends arends By 10/20/2022 Dan Steger House Account I Page 1 of 5 oductC 8sodOtlort 1Footal Ide 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 6SS 2616TR1 2416TR1 2416TR1 2416WWP 2492WWP 21008SSF zz_SOLVL 4417 48340SBT DAP25117 21216SYP1 21214SYP1 1814P2 2616WWP 2814WWP 2612WWP 2692W W P 21214SYP1 21212SYP1 21214SYP1 487160SB 100TV9 Basement to stairs SILL SEAL 5-1/2" X 50' 2x6 16' #1 SYP TREATED 2X4-16' #1 SYP TREATED 2X4-16' #1 SYP TREATED NOT FIGURED Exterior basement wails and insulation Paint Cabinets and vanities flooring,. 2X4-16' PREM SPF 2X4-92 5/8 PREM SPF STUD 2x10.08' SELECT STRUCTURALIDOUG FIR ijoist pack 314.4x8 OSB T&G SUBFLOOR DAP 4000 SUBFLOOR ADHESIVEI28 OZ 25117 -O 2X12-16' #1 SYP 2X12-14' #1 SYP 1X8-14 #2BTR PINE S4S End of Basement to stairs Exterior Waits 2X6-16' PREMIUM SPF 2X6-14' PREM SPF 2X6-12' PREM SPF 2X6-92 518 PREM SPF STUD 2X12-14' #1 SYP 2X12-12' #1 SYP 2X12-14' #1 SYP 4x8-7/16" 058 SHEATHING TYVEK HOUSE WRAP 9'X100' ROL EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA ROL 21,265.41 Subject to our terms and conditions of sale. Further copies available on request. Page 239 of 521 1/4.11ZHN E Invoice Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 SPAHN & ROSE LUMBER COMPANY 850 6th St • P.O. Box 581 Jesup, IA 50648-0581 • 319-827-1448 www.spahnandrose.com Delivery Address Cash Sale -Jesup 850 6th Street Jesup, lowa, 50648 Estimate No Estimate Date Expiration Date Customer Contact Name Contact Number Job Customer Ref Delivery Taken By Sales Rep m Estimate arm 297025 10/2012022 10/27/2022 14CASH Dustin Arends 1 arends By 10/20/2022 Dan Steger House Account iu 11 Page 2 of 5 roduct Oo eserlpbon' bta 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 317927 TVT 6SS 2616TR1 2416TR1 2616WWP 2416WWP 2610WWP 2410WWP 21220SYP1 487160SB 100TV9 LSTA24 2416WWP 2414WWP 2492WWP 4858DW PKT3068 2616WWP 2414WWP zz_SOTRUSSES_1861 5 4815320SB 12HC RSU5200 5/16" DUOFAST STAPLE 5000/BOX TYVEK TAPE 2"x 55 YDS End of Exterior Walls Garage walls SILL SEAL 5-112" X 50' 2x6 16' #1 SYP TREATED 2X4-16' 1}1 SYP TREATED 2X6-16' PREMIUM SPF 2X4-16' PREM SPF 2X6-10' PREM SPF 2X4-10' PREM SPF 2X12-20' #1 SYP 4x8-7116" OSB SHEATHING TYVEK HOUSE WRAP 9'X100' 20 GA 1-1/4" X 24" STRAPPINGILSTA24 SIMPSON End of Garage walls Interior walls 2X4-16' PREM SPF 2X4-14' PREM SPF 2X4-92 518 PREM SPF STUD 4X8-5/8" F.R. DRYWALL POCKET DOOR FRAME 3068 End of interior wails Roof pack 2X6-16' PREMIUM SPF 2X4-14' PREM SPF Truss pack 4X8-15132" OSB SHEATHING 1/2" H-CLIPSl250 PCS/CTN RAPTOR SYNTHETIC FELT UNDERIAYMENT15' X 2 10 SQ. ROLL BOX EA ROL EA EA EA EA EA EA EA EA ROL EA EA EA EA EA EA EA EA EA EA EA RL 7,038.10 2,421.31 4,382.97 Subject to our terms and conditions dude, Further copies available on request. Page 240 of 521 Invoice Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 SPAHN & ROSE LUMBER COMPANY 850 6th St • P.O. Box 581 Jesup, IA 50648-0581.319-827-1448 www.spahnandrose.com Delivery Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 Estimate No Estimate Date Expiration Date Customer Contact Name Contact Number Job Customer Ref Delivery Taken By Sales Rep wi Estimate u 297025 10/20/2022 10/27/2022 10CASH Dustin Arends 1 arends By 10/20/2022 Dan Steger House Account alai Page 3 of 5 line: Procititt GQI #scripttor /Fools 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 3665HEG 317927 RODEW LM30MWW LHRIHB SS7LM OMN130 G114COIL 101389 zz SOWINDOW_2209 5 TVT 475DFT TVFW975 794813 zz SOEXTDOOR_350E 5 RRSW RSL6W RS316CVW RS316SW RSSTNW1 RC24W 36" X 65' HENRY EAVEGUARD ICEIWATER 2SQIRL • 5I16" DUOFAST STAPLE 5000BOX ROLLEX ODE DRIP EDGE WHITE 12' LANDMARK 30 METRIC WEATHERWOODIWEATHERED WOOD CT 30YR 3BDUS LANDMARK HIP/RIDGEIHEATHER BLEND SWIFTSTART 7" SHINGLE STARTER 15 1/4" X 38 3/4 X 116' OMNI RIDGE VENT 30'/RL -O COIL ROOFING NAIL 1 1/4" 5X7 ALUMINUM FLASHING SHINGLEISTEP FLASHIt End of Roof pack Windows and walk doors Andersen 100 series casement -black 8-5050 casement 4-5040 slider 2-6068 patio door TYVEK TAPE 2"x 55 YDS TYVEK DUPONT FLASHING TAPE 4"X75' 9'X75' TYVEK FLEX WRAP DAP 100% SILICONE CLEAR 30Z -O Exterior door pack End of Windows and walk doors Soffit and Siding ROLLEX F- CHANNEL FRIEZE WHITE 12' ROLLEX SL-6 FASCIA WHITE 12' ROLLEX SYS3 - 16" SNOWMIST CENTER VENT SOFFIT PANEL 12' LN (12PCSIPER CTN) ROLLEX 16" SNOWMIST SOLID SOFFIT PANEL 12' t (12PCS1CTN) STAINLESS STEEL 1-1/4 WHITE TRIM NAIL 1LBIBX• ROLLEX 24"X50' WHITE ALUMINUM TRIM COIL ROL BOX EA BDL BDL BDL RL BOX BDL EA EA ROL ROL EA EA EA EA EA EA eX COI 32,911.87 16,221.45 Subject to our terms and conditions of sale. Further copies available on request. Page 241 of 521 Invoice Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 SPANN & ROSE LUMBER COMPANY 850 6th St • P.O. Box 581 Jesup, IA 50648-0581 • 319-827-1448 www.spahnandrose.com Delivery Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 Estimate No Estimate Date Expiration Date Customer Contact Name Contact Number Job Customer Ref Delivery Taken By Sales Rep Ill 11 111 Estimate i A 297025 10/20/2022 10/27/2022 10CASH Dustin Arends 1 arends By 10/20/2022 Dan Steger House Account hl Page 4of5 n® ProductCoth, Uesorlpiio Ityl,Fcvtag 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 RAS CTVOCCW CTVICCW CTVJCW CTVUCW CTV44CW MSB000 IEV117 EG134 B68E B61 VAK 40C 84V15 41258DW 41212DW 158DW zz_SOMILLWORKDEV _6461 zz_SOMILLWORKDEV 6462 zz SOLOCKSET 8108 zz_SORETAILFASTENI R 4306 ALUM. STARTER STRIP ROLLEXI10' LENGTHS CERTAINTEED 10' Outside Comer COLONIAL WHITE CERTAINTEED 10' INSIDE CORNERICOLONIAL WHI CERTAINTEED VINYL J CHANNEL COLONIAL WHIT 12' 6" CTD UNDERSILL COLONIAL WHITE 12' 6" CERTAINTEED D4 VINYL COLONIAL WHITE MAINSTREET .042 12'6" 12PCISQ MINI SPLIT J-BLOCK #000 WHITE INTAKE / EXHAUST VENT#117JWHITE 1-3/4" EG Roof Nails End of Soffit and Siding lnsusulation and drywall KNAUF UNFACED R19 16.25"X15-114"X96" 99.55 SF (10 baits per bg/4-bgs perbdl)REPLACE PR111 KNAUF R11 UNF BATT 3.5"X15"X93" 157.58 SF REPLACE PR110 (16 batts per bg-5bgs per bdi) CELLULOSE BLOW IN INSULATION 40 SOFT PER B AT A R-19 8'4"X200' VISQUEEN .0015 4X12-5/8" F.R. DRYWALL 4X12-112" DRYWALL 1-5/8" RS DRYWALLINAILS End of lnsusulation and drywall Interior Millwork 3panel-primed mdf doors -casing -base Stair allowance lock set allowance End of Interior Millwork nail allowanc EA EA EA EA EA SQ EA EA CTN BAG BAG EA ROL EA EA CTN EA EA EA EA 9,258.A7 15,799.32 10,050.00 Subject to our terms and conditions of sale. Further copies avaitabte on request. Page 242 of 521 Invoice Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 SPAHN & ROSE LUMBER COMPANY 850 6th St • P.O. Box 581 Jesup, IA50648-0581 • 319-827-1448 www.spahnandrose.com Delivery Address Cash Sale -Jesup 850 6th Street Jesup, Iowa, 50648 We agree to furnish the items and grades specified above. This estimate is valid for seven days. Not guaranteed to build/complete any job or contract. Errors subject to correction. RETURN POLICY: The sale Invoice must accompany returns. A restock charge may apply. Special orders and Items that are not in clean sellable condition may not be accepted. Return Items purchased with a CredltlDebit card wilt only be credited to the original card used for purchase. Buyer Date Subject to our terms and conditions of sale. Further copies available on request. Estimate No Estimate Date Expiration Date Customer Contact Name Contact Number Job Customer Ref Delivery Taken By Sales Rep i I Estimate 297025 10/20/2022 10/27/2022 10CASH Dustin Arends 1 arends By 10/20/2022 Dan Steger House Account III iu Page5of5 -Total Amount $120,257.99 Sales Tag 7, A0%; $8,418.06 Estirttat$ Total $128,676.05 Page 243 of 521 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 October 16, 2023 AGENDA ITEM TITLE 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 eighty percent for years one through five and seventy percent for years six through ten, located at 2775 Crossroads Boulevard, for the construction of a new 10,000 square foot commercial building. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Grant Park, LLC owns the property of the former Long John Silvers site along Crossroads Boulevard and they have demolished the former restaurant building and plan to construct a 10,000 square foot commercial building for retail tenants. The City also vacated right-of-way after going through the 306.23 process of the State Code of Iowa and will convey that land as part of the development agreement. The City of Waterloo took action on August 7, 2023 to set a date of hearing as August 21, 2023, and held the hearing and approved the request, but the approval now must be redone due to an issue with proper published notice of the hearing. NEIGHBORHOOD IMPACT The site is zoned S-1 Shopping Center District and the new commercial space would have a positive impact upon the Crossroads Shopping District. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION 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 and both meetings are public meetings that include a public notice process. Page 244 of 521 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Legal Description of Grant Park, LLC 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 Description of Property to be conveyed to Grant Park, LLC: 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 Development Agreement 2. Plat of Survey - ROW to be Conveyed 3. Site Plan Page 245 of 521 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 246 of 521 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 247 of 521 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 248 of 521 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 249 of 521 (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 250 of 521 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 251 of 521 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 252 of 521 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 253 of 521 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 254 of 521 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 255 of 521 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 256 of 521 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 257 of 521 (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 258 of 521 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 259 of 521 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 260 of 521 EXHIBIT "A-1" Legal Description of City Property [to be provided] Page 261 of 521 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 262 of 521 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 263 of 521 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 264 of 521 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 265 of 521 STATE OF IOWA COUNTY OF BLACK HAWK ) ss. Subscribed and sworn to before me on -- c--- Z , 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 Page 266 of 521 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 267 of 521 Index Legend Location Description: Parcel "F", SE 1/4 Section 02, T88N, R13W City of Waterloo, Iowa Requestor: Proprietor: Surveyor: Surveyor Company: Return To: Noel Anderson, City of Waterloo City of Waterloo William W. Castle City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 715 Mulberry St, Waterloo, IA 50703 291-4312 Plat of Survey Parcel "F", Southeast Quarter, Section 02, Township 88 North, Range 13 West of the 5th PM, City of Waterloo, Black Hawk County, Iowa Legal Description: 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 112" 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 comer of said Lot A-3, being a found 112" 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. This Rat or Subd•ion has been reviewed by City of W it/ Pt: ner i i esign 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 _— 5SIONg� \ti`' S�QF�° ° ° ° ° o ° I i i ItZ ° ° 0 li i o WILLIAM ° N r� Land Sury yor under th laws of the State of Iowa. W.a C Z 0 CASTLE s rn t3 a 19715 0 ^c �J Jl� l� `1'1 . William W. Castle, PLS Date - lrr5 License Number 14,*°O ° u 00 ° ° °*� � I, My License Renewal Dateis December 31, 2023. %,` \O W A .............-4-:' Pages or sheets covered by this seal : (t Z 4. 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 "F" assigned by the Black Hawk County Auditor's Plat Room on July 5, 2023. 4. Parcel "F" area: 11,255 square feet (0.258 acres). 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: 6-22 & 7-11-2023 Date Drawn: 7-5-2023 Sheet No. 1 of 2 Page 268 of 521 William W. Castle, PLS City of Waterloo Engineering Department 715 Mulberry St, Waterloo, IA S0703 (319) 291-4312 Plat of Survey Parcel "F", Southeast Quarter, Section 02, Township 88 North, Range 13 West of the 5th PM, City of Waterloo, Black Hawk County, lows 0 (S 41°55'56" E) — (50.00') POB FD. 1/2" REBAR W/YELLOW CAP "10WA 8033" PENNEYS STREET 80' PLATTED ROW S 41 °24'00" E 180.00' A (S 41'55'56' E 179.98') FD. 1/2" REBAR W/YELLOW CAP °IOWA 8033" N 48°00 16 E 225.09') • PLATTED 30' EASEMENT 30' PUBLIC UTILITY EASEMENT (RESERVED) LOT 4 CROSSROADS PLAT NO.2 N 41'24'00* W 200.62' A (N 41°55'56" W 200.43') C1 0 C3 LOTA-3 CROSSROADS PLAT NO.4 FD. 1/2" N 41'24'00" W 211.64' a REBAR (N 41°55'56" W 211.46') W!O CAP (N 41°55'56" W) (50.00') LOT A-2 CROSSROADS PLAT NO.4 FD. 112" REBAR W/FADED CAP "IOWA 7811 " & 1/2" REBAR W/YELLOW CAP "IOWA 7811" N 26°18'04" W 0.29' FROM FADED CAP. USED FADED CAP. C4 N 41 °25'05" W 355.97' a (N 41'58'42" W 355.55') Q fr LU 0 a4 03 CC 03 0 U 80' PLATTED ROW DID NOT SET. FALLS IN DRIVEWAY TO BE REMOVED. C5 C2 REBAR WI T CAP -\ 0 40 80 11 Scale: 1 inch = 80 feet SET MAG NAIL IN \ C6 HMA DRIVEWAY CURVE# RADIUS ARC LENGTH DELTA ANGLE LONG CHORD LENGTH BEARING Cl C2 CB C4 C5 C6 C7 (C5+C6) 20.00' 31.42' 90' (20.001 412.21' (31.42') 349.65' )90'O'O") 48'36' (28.28' ) (S 03'04'04" W) (412.21') 412.21' (349.65') 22.55' (339.76') (S 23'44'08" W) (412.21') 412.21' (22.36') 75.9 (3'06'30") 10'33'11" (22.36' 75.82' (S 46'28'54" W) S 40'11'20" W (412.21' 412.21' (76.21') (10'35'35") (76.10' ) (S 39°37'51" W) (412.21' 412.21' (197.79') (27'29'85") (195.90') (5 2015'16" W) (412.21') 412.21' (53.28') 251.18' (6°16'37") 34°54'45' (53.24' 247.31' (5 03°08'19" W) 5 17.27'22" W {412.21') (25108') (33'46'12") (247.21') (S 16'53'06' W) LOT A-1 CROSSROADS PLAT NO.4 N 0'00'00" E 22.09'5 (N 0°33'52" W 22.00') Plat Legend: • Found Monument O Set 518" x 24' Reber wlBlue Cap "Iowa - 19715" El Cut "X" in concrete, found or set A Found section comer monument 0 Set section corner monument 123.49' Record Measurement (123.451 Field Measurement Per Crossroads Plat No. 2 " Per Crossroads Plat No. 4 #A City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 60' Field Work Date: 6-22 & 7-11-2023 Date Drawn: 7-5-2023 Sheet No. 2 of 2 P age 269 of 521 O■ A,S a ��,• ZENO MOM Ns RI MIIP:4 ��N■l7■ UI U .r. / may{ ANIA�IEN■ANINN■ ENEPINZ AIMC 1r. Aigintlinw ■N v.� / ••" NN■NLIV■■r4 AN NMI d ,1., I�iI■il■, %f r•it ...• GENERAL SITE NOTES: 1) DIMENSIONS AND RADII ARE REFERENCED TO THE BACK OF CURB OR EDGE OF PAVING, UNLESS OTHERWISE NOTED. 2) ALL DIMENSIONS TO BUILDING ARE REFERENCED TO THE OUTSIDE FACE OF STRUCTURE'S FACADE 3) BUILDING DIMENSIONS SHOWN ARE FOR REFERENCE PURPOSES ONLY. THE CONTRACTOR SHALL USE THE ARCHITECTURAL AND STRUCTURAL PLAN SET FOR EXACT BUILDING DIMENSIONS 4) ALL PROJECT COMPONENTS THAT FALL WITHIN THE PUBLIC RIGHT-OF-WAY SHALL CONFORM TO LOCAL AND/OR STATE SPECIFICATIONS AND REQUIREMENTS. 5) ALL PROPOSED HANDICAP RAMPS, PARKING AREAS, AND ACCESSIBLE ROUTES SHALL STRICTLY COMPLY WITH CURRENT LOCAL, STATE, AND FEDERAL REGULATIONS, INCLUDING BUT NOT NECESSARILY LIMITED TO THE ADA ACCESSIBIUTY GUIDEUNES (ADAAG) 6) ALL ADA ACCESSIBLE ROUTES SHALL HAVE DETECTABLE WARNINGS INSTALLED AS REQUIRED BY THE ADAAG. DETECTABLE WARNINGS SHALL CONSIST OF RAISED TRUNCATED DOMES WHICH CONTRAST VISUALLY WITH THE ADJOINING SURFACES 7) CONTRACTOR SHALL SAW CUT EXISTING PAVEMENT TO PROVIDE A CLEAN, STRAIGHT JOINT AND ENSURE POSITIVE DRAINAGE 8) ALL CONCRETE PAVEMENT SHALL BE JOINTED IN ACCORDANCE WITH ACI 330R-08, SECTION 3.7 AND APPENDIX C. CONTRACTION JOINTS SHALL BE 1/4 OF THE SLAB THICKNESS ISOLATION JOINTS SHALL BE PLACED BETWEEN PAVEMENT AND FOUNDATIONS, INLETS, AND OTHER FIXED STRUCTURES CONTRACTION JOINTS SHALL BE TOOL FINISHED AND SPACED AS FOLLOWS: CURBING: 10'-0" (MAX) SPACING SIDEWALKS: 5'-0" (MAX) SPACING VEHICULAR TRAFFIC AREAS: 24 X CONCRETE PAVEMENT THICKNESS (FEET), 15'-0" (MAX) SPACING. REFER TO LOCAL SPECIFICATIONS FOR WORK WITHIN PUBLIC RIGHT-OF-WAY SITE KEYNOTES: Q 6' PCC PAVEMENT SECTION -REFER TO DETAIL ON SHEET 6 OF 12 11 8' STANDARD CURB AND GUTTER -REFER TO DETAIL ON SHEET 6 OF 12 I]a 4• PCC SIDEWALK SECTION -REFER TO DETAIL ON SHEET 6 OF 12 ❑4 ADA RAMP DETAILEDGRADING -REFER TO DETAIL ON SHEET 5 OF 12 LEGEND Existing •Pr000sed - BOUNDARY UNE EASEMENT LINE PROPERTY UNE -- - SECTION/POW LPIE — SETBACK UNE -am - CONTOUR LINE - - - r - ELECTRIC LINE '- -' — - FENCE UNE - w - FIBER UNE - R - GAS LINE - °- OVERHEAD UDUTY UNE - SANITARY SEWER UNE .. - .- —O- SILT FENCE t(NE - • - s' - STORM SEWER LINE - r - TELEPHONE LINE - Tr - TELEVISION UNE • - W - WATER UNE ' 0 PROPERLY CORNER P • BENCH MARK • • CONIFEROUS TREE C 0 DECIDUOUS TREE © ® GAS MANHOLE OL A GAS VALVE L (sT SANITARY MANHOLE SIGN 0 ® STORM INTAKE «r ® STORM MANHOLE LO B7 TELEPHONE PEDESTAL War RL UTILITY POLE :T 1R WATER HYDRANT $ ET WATER SHUT OFF et A WATER VALVE HATCH LEGEND - 1 a• •• 6" PCC PAVEMENT/CURB AND GUTTER 4" PCC SIDEWALK EROSION STONE EXISTING PCC ROADWAY SEED AND MULCH (OR CITY APPROVED EOUAL) STORM WATER MANAGEMENT AREA 40' IOWA I1 ONE CALL 8001 292-8989 1 O[oecO 07 Q) Q) W —3 A 0) 1 0 0 a - 0) O — O 0 LC) Li- n 5- O a) U r✓ 1 N 0 O OD U) J c) L17 J C-3 U) LJ C)Q U L.f) rti J d H- J U 4 7' OF 12 QIC 1 '=20' Drown 5JC Reviewed DMA Ds)1C 2023.05.08 fti.EYiSiO ns (238010 Page 270 of 521 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 October 16, 2023 AGENDA ITEM TITLE Asbestos Abatement Services, Contract No. AB-2023-07-02P, for property located at 212 Sunnyside Avenue and 1318 Martin Road. 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. The City of Waterloo took action on 7/17 to set a date of hearing as August 7, 2023, and held the hearing and approved the request, awarded the contract, and work has commenced on the project. However, the hearing must now be redone due to an issue with proper published notice of the hearing. 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 $9,685. To be paid from Nuisance Abatement bonds and/or TIF funds. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 271 of 521 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 272 of 521 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 273 of 521 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 274 of 521 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 275 of 521 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 276 of 521 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 277 of 521 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 278 of 521 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 279 of 521 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 280 of 521 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 281 of 521 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 282 of 521 HAWKEYE ENVIRONMENTAL ASBESTOS INSPECTION REPORT 212 Sunnyside Ave Waterloo, IA I r/R°t— - sty a.V r i 'lim. Project Report Dated: June 9, 2023 it o Waterlo. Page 283 of 521 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 284 of 521 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 285 of 521 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 286 of 521 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 287 of 521 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 288 of 521 HAWKEYE ENVIRONMENTAL BULK SAMPLE ANALYSIS 212 Sunnyside Ave Waterloo, Iowa City of Waterloo Page 289 of 521 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 290 of 521 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 291 of 521 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 292 of 521 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 293 of 521 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 294 of 521 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 295 of 521 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 296 of 521 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 297 of 521 � eurofins CEI 730 SE Maynard Road, Cary, NC 27511 Tel: 866-481-1412: Fax: 919-481-1442 CHAIN OF CUSTODY LAB USE ONLY: tEl Lab Code: CO 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 \,-L-tp,(-�t�t� 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 �.2.4.-frui-6 'CD , 1.,. 7 6 % S 9 ; 3Cj Samples will be disposed of 30 days affl?r analysis 77:11 3() GC) 3 ZoLs age 1 0 Version: CCOC.01.18.1/2.LD Page 298 of 521 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^ r,A."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 299 of 521 CHAWKEYE .----ENIN,11=11:=1MIIVIENITAI- ASBESTOS INSPECTION REPORT 1318 Martin Rd Waterloo, IA Project Report Dated: June 9, 2023 it o Water o. Page 300 of 521 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 301 of 521 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 302 of 521 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 303 of 521 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 304 of 521 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 305 of 521 HAWKEYE ENVIRONMENTAL BULK SAMPLE ANALYSIS 1318 Martin Rd Waterloo, Iowa City of Waterloo Page 306 of 521 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 307 of 521 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 308 of 521 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 309 of 521 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 310 of 521 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 311 of 521 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 312 of 521 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 313 of 521 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 314 of 521 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 315 of 521 tooti 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: sibileag COMPANY INFORMATION PROJECT:/INFORMATION �! CEI CLIENT #: Job Contact: Company: Hawkeye Environmental Email / Tel: Address: 814 wood lily road, Solon, IA 52333 Project Name: L i {., 04 1I1NWA-w-ww Project ID#: \3 18" tkow-4 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 EPA 600 I I I El 1 11 I I 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 11 1 1 1 I I PLM GRAY w POINT COUNT EPA 600 11 L1 L Li 1 1 PLM BULK GARB 435 1 1 1 1 11 1 I PCM AIR* NIOSH 7400 TEM AIR EPA AHERA I I ( I I ( 1 1 TEM AIR NIOSH 7402 1 1 1 1 1 1 1 1 TEM AIR (PCME) ISO 10312 1 I I 11 1 I I TEM AIR ASTM 6281-1E 1 I 11 I 1 l 1 I) TEM BULK TEM DUST WIPE CHATFIELD 1 I C I 11 ( 1 ASTM D6480-05 (2010) l I 1 1 i t I I I 11 TEM DUST MICROVAC ASTM D5755-09 (2014) TEM SOIL ASTM D7521-' 6 ((f % TEM VERMICULITE CINCINNATI METHOD i// TEM QUALITATIVE IN-HOUSE METHOD ,o, r%r ,, ir,` 11 11 ( I 1 1 OTHER: I I I I I I 1 1 I] 1 1 `Blanks should be taken from the same sample lot as field sai nples. REMARKS / SPECIAL INSTRUCTION SIF : Accept Samples I Reject Samples Relinquished By: Da terrime Re eived By: Date!Time 7V2 .3lj7 V,) 6(.5 13( Samples will be disposed of 30 days after,mnalysis Page 1 of 3 4W) Version: CCOC.01.18.1/2.LD Page 316 of 521 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 317 of 521 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 318 of 521 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 319 of 521 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 320 of 521 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 321 of 521 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 322 of 521 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 323 of 521 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 324 of 521 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 325 of 521 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 326 of 521 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 327 of 521 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 328 of 521 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 -\ 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 Z?(1 of'.91 N of WATT 41 is. ♦ e ��o�U8���~�U��rU�� ^e �wmw~ PROPERTY ADVISORS SITE PLAN PROPOSED GREYHOUND TRUCK WASH SITE DESCRIPTION PAGsx Page 331 of 521 \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 332 of 521 \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 333 of 521 \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 334 of 521 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 335 of 521 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 336 of 521 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 I KANSAS CITY PAGE 23 Page 337 of 521 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: 507 07 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: 50643 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: 562 ' x 263 d. Area of proposed site plan amendment: 147,668 S F / 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 338 of 521 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT David Eckert, Library Director Library Department MEETING DATE October 16, 2023 AGENDA ITEM TITLE Waterloo Public Library 2023 Interior Renovations Project, Contract No. 28439. RECOMMENDED COUNCIL ACTION Hold public hearing. SUMMARY STATEMENT AND BACKGROUND INFORMATION Public hearing is being reheld as notice of public hearing was not published timely. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Bid Tab Waterloo Public Library 2023 Interior Renovation Project 2. Woodruff Bid Documents Page 339 of 521 Waterloo Public Library 2023 Interior Renovation Project, Contract No. 28439. Bid Tab Engineer's Estimate Base: $270,000.00 Alt 1: $44,000.00 Alt 2: $15,000.00 Alt 3: $2,500.00 Bidder Bid Security Base Bid Amount Alt 1 Exterior Windows (deduct) Alt 2 Stairs (deduct) Alt 3 Upper Wall Windows (deduct) Woodruff Construction Waterloo, IA 5% $289,700.00 $35,000.00 525,000.00 $900.00 Page 340 of 521 57 fln EIYri3 /N.1 /A rig A I.1 Cc)rz pTar.1 ' WOODRUFF CONSTRUCTION 1717 Falls Ave I Waterloo, IA 50701 BID SECURITY for: Waterloo Public Library 2023 Interior Renovations Prepared for: Bid Date: Waterloo Public Library 9/13/2023 Page 341 of 521 WOGCRUEf CO5dSTiRUCTIoo X‘Vr 1717 FBIis Ave J Watar3oo. IA 50701 PROPOSAL for: Waterloo Public Library 2023 Interior Renovations Prepared for: Bid Date: Waterloo Public Library 9/13/2023 4' L J Page 342 of 521 SECTION 00 4100 BID FORM WATERLOO PUBLIC LIBRARY 2023 INTERIOR RENOVATIONS WATERLOO, IOWA ISG NO. 23-28439 Woodruff Construction, Inc. 9/13/2023 Submitted By (Company Name) Date Ladies and Gentlemen: The undersigned being familiar with the conditions; having made a field inspection and investigation I/we deem necessary; having studied the Plans and Specifications for the work, and being familiar with all factors and other conditions affecting the work and cost thereof, hereby propose to furnish all labor, tools, materials, skills, equipment, building permit, other fees and permits, and all else necessary to completely construct the project in accordance with the Plans and Specifications as prepared by ISG, 335 Cedar Street, Suite 200, Waterloo, Iowa 50701 for the prices as entered on the following pages of this proposal. I/We hereby certify that I am/we are the only person, persons, firm or corporation interested in this proposal as principals and that it is made without collusion with any person, firm or corporation. It is understood that the following Bid/Bids shall include all necessary materials, labor, supervision, machinery, equipment, tools, bracing, false work and other means of construction, including all necessary tests incidental to such installation. I/We guarantee all of the work performed under this contract shall be done in accordance with the drawings and specifications, in a good and workmanlike manner, and to redo or repair any work which may be rejected due to defective materials or workmanship, prior to the final acceptance of the project, by the Project Architect and the Owner. I/We propose to begin work and to prosecute the work so as to complete the same as indicated. BASE BID: Building Addition and Renovation to the existing building, demolition of existing elements to achieve new Work and other related Work indicated in the Drawings and Specifications for the Sum of: "C'W 0 hu dv-d 651,1j-vLi -1(1 o 4 Sain.dl Se.5-efn httn dt Dollars ( X31boo.00 ALTERNATE NO. 1: Eliminate the two windows on the north wall of 100 Youth Area for the Sum of: (Add)�DeductD 11.n;r-i<'a,1e-1,-10.0LAScc.,t,,A Dollars ( 351 evi , ALTERNATE NO. 2: Omit the fun areas under the stairs (slide, climbing net, gathering stair, triangular cubby). The walls enclosing under the stairs will remain for the Sum of: (Add) (6educ3 �{y �;.f.e &sou,A ak Dollars ( ac)CDoa.Da Project No 23-28439 Section 00 4100 - Page 1 of 3 c z c c L c Li Waterloo Public Library 2023 Interior Renovations Page 343 of 521 ALTERNATE NO. 3: Omit upper windows on south wall of 100 Youth Area for the Sum of: (Add) (Deduct), i 1114 rlctI-P,4 Dollars CONTRACT TIME: If this Bid is accepted, 1/we will: Commence work as soon as possible after Receipt of Notice to Proceed and shall complete the Work by the time indicated per Section 00 7300 - Supplementary Conditions. BID SECURITY - CONTRACTS: A properly executed bid bond of a sum no less than five percent (5%) of the base bid amount or a certified check in the amount of $ I N 1 LI $5,00 equal to no Tess than five percent (5%) of the base bid amount accompanies this proposal. It is understood that bids may not be withdrawn for a period of 30 days after the date and time set for the opening of bids. It is understood that the Owner reserves the right to retain the bid security of the bidders for a period not to exceed 30 days after the date set for the opening of bids. ACKNOWLEDGEMENT OR RECEIPT OF ADDENDUM Received Addendum No. 1, dated A Received Addendum No. 2, dated Nl P Received Addendum No. 3, dated ): Project No 23-28439 Section 00 4100 - Page 2 of 3 Waterloo Public Library 2023 Interior Renovations Page 344 of 521 (A CORPORATION) (A LIMITED PARTNERSHIP) (A GENERAL PARTNERSHIP) (A SOLE PROPRIETORSHIP) (CIRCLE ONE OR INDICATE COMPANY OWNERSHIP STRUCTURE TYPE ABOVE) COMPANY NAME: Woodruff Construction, Inc. ADDRESS: 1717 Falls Ave, Waterloo, IA 50701 SUBMITTED BY: John Mallen (PRINT OR TYPE NAME) TITLE: NE Region President PHONE NUMBER: 1 ( 319 ) 233 - 3349 FAX NUMBER: 1 ( 319 ) 233 - 3369 E-MAIL ADDRESS: ohnm@woodruff.build u SIGNATURE: END OF SECTION Project No 23-28439 Section 00 4100 - Page 3 of 3 Waterloo Public Library 2023 Interior Renovations Page 345 of 521 ACKNOWLEDGMENT AND CERTIFICATION Woodruff Construction, Inc. ("Company") is providing services to the Waterloo Public Library as a vendor, supplier, contractor, or professional services provider or is operating or managing the operations of a vendor, supplier, contractor or professional service provider. The services provided by the Company may involve the presence of the Company's employees upon the real property of the Waterloo Public Library. The Company acknowledges that Iowa law prohibits a sex offender who has been convicted of a sex offense against a minor from being present upon the real property of the Waterloo Public Library. The Company further acknowledges that, pursuant to law, a sex offender who has been convicted of a sex offense against a minor may not operate, manage, be employed by, or act as a contractor, vendor, supplier, provider of services or volunteer at the Waterloo Public Library. The Company hereby certifies that no one who is an owner, operator or manager of the Company has been convicted of a sex offense against a minor. The Company further agrees that it shall not permit any person who is a sex offender convicted of a sex offense against a minor to provide any services to the Waterloo Public Library in accordance with the prohibitions set forth above. This Acknowledgment and Certification is to be construed under the laws of the State of Iowa. If any portion hereof is held invalid, the balance of the document shall, notwithstanding, continue in full legal force and effect. In signing this Acknowledgment and Certification, the person signing on behalf of the Company hereby acknowledges that he/she has read this entire document, that he/she understands its terms, and that he/she not only has the authority to sign the document on behalf of the Company, but has signed it knowingly and voluntarily. Dated: 9/13/2023 00995224-1\18929-01 Woodruff Construction, Inc. Title: NE Region President c.1ir.. nnrr Page 346 of 521 Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: ❑✓ Yes El No ❑✓ Yes El No ❑✓ Yes El No ❑✓ Yes No ❑✓ Yes ID No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). My company has an office to transact business in Iowa. My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: 08 / 01 / 1990 to Now / / Address: 1890 Kountry Lane City, State, Zip. Fort Dodge, IA 50501 Dates: 05 / 25 / 1996 to Now / / Address. 1920 Phildelohia Street. Suite 102 City, State, Zip: Ames, IA 50010 Dates: 02 / 08 / 2016 to Now / / Address: 501 Greenfield Drive You may attach additional sheet(s) if needed. City, State, Zip. Tiffin IA 52340 To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. El Yes ❑No You may attach additional sheet(s) if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: Woodruff Construction, Inc. Signature: John Mallen, NE Region President You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) Date: 9/13/2023 Page 347 of 521 ti Additional Sheet for Bidder Status Form (continued) My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: 7 / 17 / 2017 to Present t Address: 1717 Falls Avenue City, State, Zip: Waterloo, IA 50701 Page 348 of 521 Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. ❑✓ Yes ❑ No My business is currently registered as a contractor with the Iowa Division of Labor. ❑ Yes ❑ No My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. ❑ Yes ❑ No My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. ❑ Yes ❑ No My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. ❑ Yes ❑ No My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. ❑ Yes ❑ No My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. ❑ Yes ❑ No My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. ❑ Yes D No My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. ❑ Yes ❑ No My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-15) Page 349 of 521 WOODRUFF CONSTRUCTION EVIDENCE OF AUTHORITY TO SIGN AMES September 13, 2023 Re: Waterloo Public Library 2023 Interior Renovations To Whom It May Concern FORT DODGE I IOWA CITY I WATERLOO John Mallen, being Northeast Region President of Woodruff Construction Inc., has authority to sign any and all documents for Woodruff Construction, Inc. Page 350 of 521 Bid Bond CONTRACTOR: (Name, legal status and address) ) Woodruff Construction, Inc. 1890 Kountry Lane Fort Dodge, IA 50501 OWNER: (Natue, legal status and address) Waterloo Public Library 415 Commercial Street Waterloo, IA 50701 Document A310 TM - 2010 Conforms with The American Institute of Architects AiA Document 310 SURETY: (,ante, legal status and principal place afhtainess) Liberty Mutual Insurance Company 175 Berkeley Street Boston, MA 02116 BOND AMOUNT: $ Five Percent of the Total Amount Bid (5%) PROJECT: (Name. location or address; and Projectnumber, 'fatty) Waterloo Public Library, 2023 Interior Renovations, Waterloo, IA - ISG No. 23-28439 This document has important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety arc bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves. their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the tenths of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction oldie Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perthrm the wort: covered by said bid, then this obligation shall be null and void, otherwise to remain in full li►rce and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time thr acceptance ofbids specified in the bid documents and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the tent Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Mond has been furnished to comply with a statutory or other legal requirement in the locution of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted bereft.= and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory pond and not as a common law bond. Signed and scaled this 5th day of September, 2023 alimess) 'ray, j11 a, (W ( tes) 'Anne Crowner Woodruff Construction, Inc. don a11enn F R.-e4 Im ual Insurance Company uston, Attorne (Sea!) -es• 'eal) Page 351 of 521 Liberty - Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Anne Crowner; Brian M. Deimerly; Cindy Bennett; Craig E. Hansen; Dione R. Young; Jay D. Freiermuth; John Cord; Kate Zanders; Sara Huston; Seth D. Rooker; Tim McCulloh Certificate No: 8210368-190056 all of the city of Waukee state of IA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of June , 2023 . By: Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company David M. Carey, Assistant Secretary State of PENNSYLVANIA s County of MONTGWMERY On this 6th day of June , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do; execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Commonwealth of Pennsylvania - Notary Seal Teresa Pastella, Notary Public Montgomery County My commission expires March 28, 2025 Commission number 1126044 Member, Pennsylvania Association al Notaries By: Ltd& eresa PmWls. Notary Public eresa Pastella, Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV —OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and,affixed the seals of said Companies this 5th day of September , 2023 . By: Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02;21 Page 352 of 521 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Keith Kaspari, Director of Aviation Airport Department MEETING DATE October 16, 2023 AGENDA ITEM TITLE FY 2022 ICAIF Airline Passenger Terminal Building - Parking Lot Canopy Project. RECOMMENDED COUNCIL ACTION Approve of the request by Staff SUMMARY STATEMENT AND BACKGROUND INFORMATION Upon completion of the construction, this project will provide for an enhanced travel experience for ALO's passengers. NEIGHBORHOOD IMPACT Construction will be very busy to allow for an easy use of the parking lots for both rental car tenants and airline passengers. DATA, ANALYSIS, AND STRATEGIES Not applicable for this request by Staff. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Continue to inform the users of the parking lot by rental car customers and passengers will be critical during construction operations. COMMUNITY ENGAGEMENT METHODS Staff will need to work closely with the engineer, tenants and apply proper signage to keep the use of the parking lot in service for the benefit of the receipt of revenue for the airport department while construction is on -going. SOURCE OF EXPENDITURES These funds ($2,197,650) were approved by the Office of Governor Kim Reynolds, via the ICAIF - Iowa Commercial Airports Infrastructure Fund - through the Iowa DOT and the Office of the Aviation Bureau. Staff also has been approved by the FAA to allow the City of Waterloo and the Airport Department to use approximately $200,000 of land release funds to provide for the rehabilitation of pavement improvements for the north half (area) of the terminal parking lot. Page 353 of 521 ALTERNATIVE ACTION Staff looked at a number of alternatives, including a replacement Passenger Boarding Bridge (PBB), a larger hangar for overnite storage of air carrier / airline aircraft, but the request for a parking lot and covered canopy project fit the best and worked with the available funds - all for improving the travel experience by our passengers from ALO. LEGAL DESCRIPTION Not Applicable for this request by Airport Staff. ATTACHMENTS 1. Bid Tabulation Page 354 of 521 BID SUMMARY SHEET WATERLOO REGIONAL AIRPORT TERMINAL PARKING CANOPY STRUCTURES ICAIF PROJECT NO. 91220ALO400 CONTRACT NO. 0004232 October 5, 2023 Bidder Base Bid Add Alternate Bid 1 Add Alternate Bid 2 Add Alternate Bid 3 Add Alternate Bid 4 Addendum No. King Construction & Overhead Door, Inc. Iowa Falls, IA $938,750.00 $49,250.00 $77,800.00 $161,250.00 $35,600.00 1 2 5% Bid 3 Security Larson Construction Co., Inc. Independence, IA $2,308,900.00 $190,000.00 $55,000.00 $90,000.00 24,000.00 1 2 5% Bid 3 Security Peters Construction Corporation Waterloo, IA $2,157,863.00 $170,070.00 $54,921.00 $137,210.00 $42,858.00 1 2 5% Bid 3 Security Engineer's Estimate $ 1,995,460.00 $ 260,000.00 $ 36,000.00 $ 160,000.00 $ 40,000.00 3 Page 355 of 521 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 October 16, 2023 AGENDA ITEM TITLE Request by the City of Waterloo to vacate a ten -foot by seventy -five-foot Sanitary Sewer Easement at Becker Elementary School in the "R-2" One and Two Family Residence District, located at 1239 Sheldon Street. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Request by City of Waterloo to vacate a 10' X 75' Sanitary Sewer Easement at Becker Elementary School in the "R-2" One and Two Family Residence District, located at 1239 Sheldon Street. The site is zoned "R-2" One and Two Family Residence District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Neighboring land uses and zoning: North, South, and West— Residences zoned "R-2" One and Two Family Residence District East — Residences zoned "R-3" Multiple Residence District and "R-2" One and Two Family Residence District. Therefore, staff recommends the request to vacate a 10' X 75' Sanitary Sewer Easement at Becker Elementary School in the "R-3" Multiple Residence District, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The area to be vacated is not needed for city right-of-way. NEIGHBORHOOD IMPACT The request to vacate would not appear to have a negative impact on the surrounding neighborhood. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the area to be vacated appears to have minimal use as city right-of-way. There are sidewalks along Sheldon Street, Downing Avenue, and Sager Avenue. There are no sidewalks along Linbud Lane. The University Avenue Trail is located three blocks east of the project area. DATA, ANALYSIS, AND STRATEGIES Page 356 of 521 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION The platted 10' easement centered on the common line between Tots 3 and 5, in Block 4, Alabar Hills, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Council Packet Page 357 of 521 October 16, 2023 REQUEST: APPLICANT(S): 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: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: Request by City of Waterloo to vacate a 10' X 75' Sanitary Sewer Easement at Becker Elementary School in the "R-3" Multiple Family Residence District, located at 1239 Sheldon Street. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 Request by the City of Waterloo to vacate a 10' X 75' (750 square feet) Sanitary Sewer Easement at Becker Elementary School. The request to vacate would not appear to have a negative impact on the surrounding neighborhood. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the area to be vacated appears to have minimal use as city right-of-way. There are sidewalks along Sheldon Street, Downing Avenue, and Sager Avenue. There are no sidewalks along Linbud Lane. The University Avenue Trail is located three blocks east of the project area. The site is zoned "R-3" Multiple Residence District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Neighboring land uses and zoning: North, South, and West— Residences zoned "R-2" One and Two Family Residence District East — Residences zoned "R-3" Multiple Residence District and "R-2" One and Two Family Residence District The request would not require any buffering by ordinance standards. The proposed vacate area would not appear to have a negative impact on drainage. The area is composed of single-family and multi -family residences primarily built between the 1950s and 1980s. No portion of the vacate area is located within a floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0282F, dated July 18, 2011. The vacate request is occurring at Becker Elementary School. Central Middle School is located 2,100 feet to the west of the project area. Becker Elementary contains a playground and open space Vacate- Alley South of 500 Ricker Page 1 of 4 Page 358 of 521 October 16, 2023 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: adjacent to the vacate area. A 10" sewer main is located just east of Becker Elementary School within the right-of-way to be vacated, so an easement will be retained. Downing Avenue to the south contains a 36" Storm Sewer main and Sager Avenue to the north contains a 12" Storm Sewer Main. The Future Land Use Map designates this area as Parks, Open Space, Schools, Hospitals, Government Facility, Public Area, and Airport. The project would be in compliance with the future land use map. The applicant is requesting to vacate a 10' X 75' (750 square feet) Sanitary Sewer Easement at Becker Elementary School There is no platting in relation to this request. The Planning and Zoning Commission unanimously approved the request at their regular meeting on September 12, 2023. Picture 1: Location of easement to be vacated. Vacate- Alley South of 500 Ricker Page 2 of 4 2 Page 359 of 521 October 16, 2023 Picture 2: Location of easement to be vacated. Picture 3: Looking east toward the vacated area and school. Vacate- Alley South of 500 Ricker Page 3 of 4 3 Page 360 of 521 October 16, 2023 TECHNICAL REVIEW The Technical Review Committee did not have concerns COMMITTEE: regarding this request. STAFF RECOMMENDATION: Therefore, staff recommends the request to vacate a 10' X 75' Sanitary Sewer Easement at Becker Elementary School in the "R-3" Multiple Residence District, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The area to be vacated is not needed for city right-of- way. Vacate- Alley South of 500 Ricker Page 4 of 4 4 Page 361 of 521 City of Waterloo City Council October 16, 2023 =1 11 I illMAYNARD I III I AVE- =R=2;C;Z— R R-2 R3 SAGER AVE �R r3 R=4 — so 4 1- Y 1 0 1- ��1 • • • • • • • • • • mm 0 0 Elm -i -■ C-2,C-Z bi 41/ %sY _►I: -/ ITAI*IIM►\ I lYa R-3 I MEN MN= MEN := /- MIN mom 11�; R-3,C-Z If • R-4,R-P 44 41 RUSH ST- 1 1111111 0 J I I I I I II 1 1W1 I' 1'I' 1 R:2, ZEE 1'I'l1I1 II— ■ i ME IIUTONAVE 111111 1III r-LBAUCH ST 1 I�I C-P M-1 I — I —I —0— ►-T1-_ ---V)—�— J — J - z—Y= = =V=QLFAL LS AVE 1111111 C-1,C-Z L o m maG.VUV2�IW U��CHNl LU A �3 Z 3 T SAGO' • �\ '•. 1.41 MEM MEM R-2 11 1 111 �� • i 111 EUIII IIIII .r OM • R=2,C-Z IiI�MM R-1 R-4 LARK LN PI 11111 ' CAI A-1 \gc.p,GK HAW RD GARDEN AVE I f y IROBIN RD R=3 ORIOLE AVE' IItI . /= -' W I R=2 z 111 ,R-P MIM R-2; CLZ C-2 C-2;C=Z IG R=3 FM T C-2�C-Z C-2 IJ� C-2C-1 Pro 1239 Sheldon Street Easement Vacate City of Waterloo 5 f cgc 31;2 O` 21 City of Waterloo City Council October 16, 2023 Fred Becker Elementary 1239 Sheldon Street 1239 Sheldon Street Easement Vacate City of Waterloo 6 Pogc 3S3 of 521 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant: CAS rODAddress: 15 11\1\taF C� Email:nott', av4,1 'leSsO y No General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): nde' )( .75 ._,Cctv,`A tAr, A_9eckte —)- 5'5fLI 5f, Phone No.: g - f - Legal description of area to be conveyed, vacated, or encroached: 42A- I. A non-refundable filing fee(s) shalle mad s follows cce payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment --- One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price -- Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" farm for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: 'leas rov e a site plan and/or aerial photo of the area to be vacated if the request involves t onal c • s cti n as the reason for the request. E..2S, 3 Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements 7 Page 364 of 521 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 October 16, 2023 AGENDA ITEM TITLE Request by the City of Waterloo for the vacate, sale and conveyance of Linbud Lane right-of-way for $1.00 to the Waterloo Community Schoos, in the "R-3" Multiple Residence District located east of 1239 Sheldon Street at Becker Elementary School. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Request by the City of Waterloo to vacate Linbud Lane right-of-way in the "R-3" Multiple Residence District located east of 1239 Sheldon Street at Becker Elementary School.The site is zoned "R-3" Multiple Residence District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Neighboring land uses and zoning: North, South, and West— Residences zoned "R-2" One and Two Family Residence District East — Residences zoned "R-3" Multiple Residence District and "R-2" One and Two Family Residence District. Therefore, staff recommends the request to vacate Linbud Lane right-of-way in the "R-3" Multiple Residence District located east of 1239 Sheldon Street, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The area to be vacated is not needed for city right-of-way. And subject to the following condition(s): 1. That a utility easement be retained over the vacate area. NEIGHBORHOOD IMPACT The request to vacate would not appear to have a negative impact on the surrounding neighborhood.The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the area to be vacated appears to have minimal use as city right-of-way.There are sidewalks along Sheldon Street, Downing Avenue, and Sager Avenue. There are no sidewalks along Linbud Lane. The University Avenue Trail is located three blocks east of the project area.The proposed vacate area would not appear to have a negative impact on drainage. No portion of the vacate area is located within a floodplain as indicated by the Federal Insurance Administration's Flood Page 365 of 521 Insurance Rate Map, Community Number 190025 0282F, dated July 18, 2011. The vacate request occurring at Becker Elementary School. Central Middle School is located 2,100 feet to the west of the project area. Becker Elementary contains a playground and open space adjacent to the vacate area.A 10" sewer main is located just east of Becker Elementary School within the right-of-way, so an easement will be retained over the vacate area, and additional easement will need to be dedicated. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION The East 10 feet of the North 630 feet of the South 660 feet of Lot No. 28, Littlefield Addition, City of Waterloo, Black Hawk County, Iowa, subject to the retention of a public utility easement over, under, upon, and across said entire parcel. ATTACHMENTS 1. Council Packet - Vacate of Linbut Lane east of 1239 Sheldon St Page 366 of 521 REQUEST: APPLICANT(S): 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: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: September 12, 2023 Request by the City of Waterloo to vacate Linbud Lane right- of-way in the "R-3" Multiple Residence District located east of 1239 Sheldon Street at Becker Elementary School. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 Request by the City of Waterloo to vacate Linbud Lane right- of-way at east of 1239 Sheldon Street. The request to vacate would not appear to have a negative impact on the surrounding neighborhood. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the area to be vacated appears to have minimal use as city right-of-way. There are sidewalks along Sheldon Street, Downing Avenue, and Sager Avenue. There are no sidewalks along Linbud Lane. The University Avenue Trail is located three blocks east of the project area. The site is zoned "R-3" Multiple Residence District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Neighboring land uses and zoning: North, South, and West— Residences zoned "R-2" One and Two Family Residence District East — Residences zoned "R-3" Multiple Residence District and "R-2" One and Two Family Residence District The request would not require any buffering by ordinance standards. The proposed vacate area would not appear to have a negative impact on drainage. The area is composed of single-family and multi -family residences primarily built between the 1950s and 1980s. No portion of the vacate area is located within a floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0282F, dated July 18, 2011. The vacate request occurring at Becker Elementary School. Central Middle School is located 2,100 feet to the west of the project area. Becker Elementary contains a playground and open space adjacent to the vacate area. Vacate- Alley South of 500 Ricker Page 1 of 4 Page 367 of 521 September 12, 2023 Ilk r+g- .� e 1 VIP ..I]! i 1_ . L_ -- -.-- - ..-..._IV.. .. ■' ice' I. - ff.:6-64j, w■ ;�MEl 4 iII ".1�` `r. 4—. �.... A - — _.. -..., _ Picture 1: Looking south from Sager Avenue at area to be vacated and the easement dedicated. Picture 2: Looking toward Fred Becker Elementary School. Vacate- Alley South of 500 Ricker Page 2 of 4 Page 368 of 521 September 12, 2023 • • '4• 6 t 5'� ' Fes* i A w�f hF Picture 3: Looking north from Downey Avenue at the area to be vacated and where the easement is to be dedicated. UTILITIES: WATER, A 10" sewer main is located just east of Becker Elementary SANITARY SEWER, School within the right-of-way, so an easement will be STORM SEWER, retained. Downing Avenue to the south contains a 36" Storm ETC. Sewer main and Sager Avenue to the north contains a 12" Storm Sewer Main. RELATIONSHIP TO The Future Land Use Map designates this area as Parks, COMPREHENSIVE Open Space, Schools, Hospitals, Government Facility, Public LAND USE PLAN: Area, and Airport. The project would be in compliance with the future land use map. STAFF ANALYSIS — The applicant is requesting to vacate approximately 6,600 ZONING square feet section of Linbud Lane right-of-way at 1239 ORDINANCE: Sheldon Street STAFF ANALYSIS — SUBDIVISION ORDINANCE: There is no platting in relation to this request. TECHNICAL REVIEW The Tech Review Committee did not have concerns regarding COMMITTEE: this request. Vacate- Alley South of 500 Ricker Page 3 of 4 Page 369 of 521 September 12, 2023 STAFF Therefore, staff recommends the request to vacate Linbud RECOMMENDATION: Lane right-of-way in the "R-3" Multiple Residence District located east of 1239 Sheldon Street, be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The area to be vacated is not needed for city right-of- way. And subject to the following condition(s): 1. That a utility easement be retained over the vacate area. Vacate- Alley South of 500 Ricker Page 4 of 4 Page 370 of 521 EXHIBIT 'A" Public ROW Vacation & Public Utility Easement Dedication Lot 28, Littlefield Addition City of Waterloo, Black Hawk County, Iowa SAGER AVENUE 1 VACATED SAN LITTLEFIELD ROAD 60' PLATTED ROW - _ BLOCK 4 PARK ALABAR HILLS POB SOUTH LINE BLOCK 4 ALABAR HILLS r VACATED ALABAR AVENUE 1 PUBLIC UTILITY EASEMENT RETAINED DOC. NO. 2020-10088 & DOC. NO. 2019-17390 BLOCK 3 ALABAR HILLS SOUTH LINE BLOCK 3 ALABAR HILLS u) Z 30' 15' 295' / ;,', NORTH LINE SOUTH 660 FEET LOT 28 — � ♦ 54. 11 a _ _ m 6 N PARK PARCEL PER N DEED BOOK 405 N PAGE 362 EAST LINE LOT 28 EAST 10 FEET OF THE NORTH 630 FEET OF THE SOUTH 660 FEET LOT 28 1 .I �l� �. t•• .� 1 FOR PUBLIC ROW PER DEED BOOK 329 PAGE 233 .41 41 10' 295' TO BE VACATED AND PUBLIC UTILITY EASEMENT TO BE RETAINED OVER ENTIRE PARCEL ♦•i , �,41 % Wo Z z0 rI 2 m o cn co LOT 28 LITTLEFIELD ADDITION 4 I"4 �.1 :. 1 b CO co LU 2 Q -j o WEST 30 FEET OF THE EAST 40 FEET OF THE NORTH 630 FEET OF THE SOUTH 660 FEET LOT 28 :♦,I , ' PROPOSED PUBLIC UTILITY EASEMENT TO BE OBTAINED WEST LINE EAST 660 FEET LOT 28 EXISTING 10" PUBLIC SANITARY SEWER MAIN I .40 :. 40 ►..4 1 0 50 100 NO RECORDED EASEMENT FOUND ►�4 Scale: 1 inch = 100 feet SOUTH LINE LOT 28 41 4 30' 30' I o DOWNING AVENUE cob c VARIABLE WIDTH PLATTED PUBLIC ROW ih co m SOUTHEAST CORNER LOT 28 City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 100' Field Work Date: Date Drawn: 7-28-2023 Sheet No. 1 of 1 — — rage 3 r 10l OL 1 City of Waterloo Planning, Programming and Zoning Commission September 12, 2023 Fred Becker Elementary 1239 Sheldon Street Area to be vacated DOWNING AVE Vcr MIRADA DR SAGER AVE DOWNING AVE DOWNING AVE 7/ Linbud Avenue ROW Vacate City of Waterloo Pnnr 279 of S71 :'�.o pF WA ?F� .- ����="""`i lO lvil City of Waterloo Planning, Programming and Zoning Commission September 12, 2023 -1 I R=2;C=Z R-4;C-Z R-3 Mir N 1 Y 0 / R-4 1- tai N • • • • S • Min MON • - 0 CC O 0 ST. ANDREW S AV Z w C-2,C-Z MIL lam WINO WWI mom mmi Nom NN ■ R-3 • R-4, R-P 0 w R-3 RUSH ST Wcc R-2 C-P V V V1 UPTON AVE jif -BAUCH ST I1 = IMI NM -Ulm C-1 ,C-Z E J 0 = 0 O' al --I 2IG.VaVNIW b4-gOVeLL O CO i 1- cn_ Q Im J\ SAGE . , NMI 111 • w I I■111. {{1{{{{ u1NI11111k 11111111 C- 1 NM Illtit sati ■likw" Or • ill LJ11J_J L I I Atimr MN LI II R-1, R-P C1C- r /11 'Hi Erg 1111 NZ I JIJ R-2, IN C-2_C� _C-' 2, C-Z n MOM �� R=2— GARDEN AVE R-3,C-Z R-1 R-4 ROBIN RD ORIOLE AVEr LARK LN R-3 R747 A-1 v..ACK HAWK RD —N R-3,C-Z W. C-1 IL 3RD_ST — KO) e' R-2 R.1 Linbud Lane ROW Vacate City of Waterloo Pnnr 47'2 of r,211 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant: OF `^' Address. C 7 l k1. C Wc)1, a4<SsQ f 0 tck*c boo c a , 0 [' General Description of Property to Vacated (i.e.- alley between A St. & B St, South of C St.): \? i& t L T vi 6,t S. L toe V-(tc_± qt c--j 4r / 139 (Poi Legal description of area to be conveyed, vacated, or encroached: Email: Phone No.: K3 1 l a f — v_ See tut! Ac46,eS 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price* [Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: 0 Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: PI addi'i { Applicant ide a site plan and/or aerial photo of the area to be vacated if the request involves n as the reason for the request. 25, 03 Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 374 of 521 October 10, 2023 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: DRAINAGE: Request by the City of Waterloo to vacate two 8' drainage and utility easements on a parcel of land in the "R-2" One and Two Family Residence District located at the northwest corner of Maynard Avenue and Greenhill Road. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 The applicant is requesting to vacate 8' easements along the east property line and along the north property line of Lot 15 of Hickory Court. The request to vacate the easements would not appear to have a negative impact upon the surrounding area as there are no utilities within the easement along the east property line. As part of this request, an 8' utility easement and a 25' access and maintenance easement will be dedicated along the north property line for utilities and the sound wall fencing. The proposed vacate would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area as the easement is not needed and is being replaced by another easement. The area is served by Maynard Avenue and Greenhill Road. Maynard Avenue is classified as a local street and Greenhill Road is classified as a minor arterial street. There are sidewalks along Maynard Avenue. The Cedar Prairie Trail is located to the south of the site along the west side of Greenhill Road. The area in question has been zoned "R-2" One and Two Family Residence District since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North — Single Family Homes, zoned "R-2" One and Two Family Residence District. South — Single Family Homes, Duplexes, and vacant residential lots, zoned "R-2" One and Two Family District. East —Greenhill Road and Valley View Park zoned "R-2" One and Two Family Residence District. West — Single Family Homes, zoned "R-2" One and Two Family Residence District. No screening is required in relation to this request. No drainage plan is required in relation to this request. Easement Vacate — Corner of Maynard and Greenhill Page 1 of 4 Page 375 of 521 October 10, 2023 Picture 1: Looking west across Greenhill Road to the vacate area. Picture 2: Looking at the north side of the vacate area. Easement Vacate — Corner of Maynard and Greenhill Page 2 of 4 Page 376 of 521 October 10, 2023 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: 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: Single family homes built between 1949 and 1999 and duplexes built in 2021. None of 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 0304F, dated July 18, 2011. Fred Becker Elementary School is located approximately 0.85 miles to the southeast, Central Middle School is located approximately 1.0 mile to the southwest. Valley View Park is located to the east of Greenhill Road. There is an 8" sanitary sewer located in Maynard Avenue and 15" drain tiles in Maynard Avenue and Greenhill Road. The Future Land Use Map designates this area as Low Density Residential. The proposed vacate would be in conformance with the Comprehensive Plan and Future Land Use Map adopted August 21, 2023. The applicant is requesting to vacate 8' drainage and utility easements on the east line of the lot and the north line of the lot. The easterly easement is not needed and there are no utilities within the area. The 8' easement along the northerly line is being vacated to be replaced by another 8' utility easement and a 25' access and maintenance easement along the north property line. The new 8' utility easement will ensure a valid easement is in the area. The 25' access and maintenance easement will be for the maintenance of the existing sound wall fencing. The easements are being vacated for the development of a new single family home on the property. The north 8' easement is being vacated and then rededicated to ensure it is a proper easement because the area was purchased for right-of-way, and is being vacated as right-of-way. There were no concerns from the Technical Review Committee with this request. The applicants are not planning to subdivide the property. Therefore, staff recommends that the request by the City of Waterloo to vacate two 8' drainage and utility easements on a parcel of land in the "R-2" One and Two Family Residence District located at the northwest corner of Maynard Avenue and Greenhill Road be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. Easement Vacate — Corner of Maynard and Greenhill Page 3 of 4 Page 377 of 521 October 10, 2023 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact on the surrounding area. 4. There are no utilities within the easterly easement area and the northerly easement area is being replaced with new easements for utilities and access. Subject to the following condition(s): 1. That an 8' utility and drainage easement and a 25' access and maintenance easement for the sound wall fencing is dedicated along the north property line of the lot. Easement Vacate — Corner of Maynard and Greenhill Page 4 of 4 Page 378 of 521 October 10, 2023 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: DEVELOPMENT HISTORY: FLOODPLAIN: Request by the City of Waterloo to vacate an approximate 65' x 110' (7,150 square feet) portion of city -owned right-of-way in the "R-2" One and Two Family Residence District located at the northwest corner of Maynard Avenue and Greenhill Road. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 The applicant is requesting to vacate an approximate 65' x 110' (7,150 square foot) portion of city -owned right-of-way at the northwest corner of Maynard Avenue and Greenhill Road. The request to vacate the right-of-way would not appear to have a negative impact upon the surrounding area. The area is no longer needed for right-of-way purposes and will provide a lot for development of a single-family home. The proposed vacate would not appear to have a negative impact on vehicular or pedestrian traffic conditions in the area The area is served by Maynard Avenue and Greenhill Road. Maynard Avenue is classified as a local street and Greenhill Road is classified as a minor arterial street. There is sidewalk along the north side of Maynard Avenue. The Cedar Prairie Trail is located to the south of the site along the west side of Greenhill Road. The area in question has been zoned "R-2" One and Two Family Residence District since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North — Single Family Homes, zoned "R-2" One and Two Family Residence District. South — Single Family Homes, Duplexes, and vacant land, zoned "R-2" One and Two Family District. East —Greenhill Road and Valley View Park zoned "R-2" One and Two Family Residence District. West — Single Family Homes, zoned "R-2" One and Two Family Residence District. The surrounding area consists of single family homes built between 1949 and 1999 and duplexes built in 2021. None of 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 0304F, dated July 18, 2011. ROW Vacate — Corner of Maynard and Greenhill Page 1 of 4 Page 379 of 521 October 10, 2023 Picture 1: Looking west across Greenhill Road to the vacate area. Picture 2: Looking at north side of the vacate area. ROW Vacate — Corner of Maynard and Greenhill Page 2 of 4 Page 380 of 521 October 10, 2023 BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: No screening is required in relation to this request. No drainage plan is required in relation to this request. The Future Land Use Map designates this area as Low Density Residential. The proposed vacate would be in conformance with the Comprehensive Plan and Future Land Use Map adopted August 21, 2023. The applicant is requesting to vacate a 7,150 square foot portion of right-of-way at the northwest corner of Maynard Avenue and Greenhill Road. This area is no longer needed for right-of-way purposes. A spiral pedestrian walkway will not be developed in this area like originally planned. The right-of-way is being vacated for the development of a new single family home on the property. The 8' utility easement along the east portion of this lot and the 8' utility easement along the north portion of this lot will be vacated as part of a separate request. An 8' easement will be maintained over the north portion of the vacate area for utilities and a 25' easement will be maintained over the north portion of the lot for access and maintenance of the existing sound wall fencing. There were no concerns with this request from the Technical Review Committee. The applicant is not planning to subdivide the property. Therefore, staff recommends that the request by the City of Waterloo to vacate an approximate 65' x 110' (7,150 square feet) portion of city -owned right-of-way in the "R-2" One and Two Family Residence District located at the northwest corner of Maynard Avenue and Greenhill Road 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 on the surrounding area. Subject to the following condition(s): 1. That an 8' utility and drainage easement and a 25' access and maintenance easement for the sound wall ROW Vacate — Corner of Maynard and Greenhill Page 3 of 4 Page 381 of 521 October 10, 2023 fencing is dedicated along the north property line of the lot. ROW Vacate — Corner of Maynard and Greenhill Page 4 of 4 Page 382 of 521 City of Waterloo Planning, Programming and Zoning Commission October 10, 2023 N IU H O1 DR CARDINAL DR N MMI MOM Elm lam NI i MEI R-4 IIIIIIIIII DESOTO AVE 1_, J �� 1 i ca p R-1111111N 1 MUMI RD 111 R-1, C-Z PM m;N ■o ■■■■t ■■■■i NM A, A-1 U m Q�- 10 NOSICICV— M MI � MEE TN = 1 CC 0 R-3 ARDAVE R-2;C=Z - R-4 C-Z4 C-2 Y v U ■es■ rFJODI DR iR-3 II (MARK DR'~ JILL'DR A-1 0 0 0 J Eft MOW ■• -w- J - R-2 0 A-1 tok r , �QCC CC z\ 1 EMI IIII IIfI, C-2, C-Z R-3 M-1 C-Z 4/0 • ii iM 1' =N■■ 111111 IMO NNI11 hill `0 o C+1,C-Z SAGER AVE-R 2 W ■ ■■ gab Immo mms mms mmm :rNEEN -J 1- FALLS AVE R2 1- 0) J J L (7> R-2, C-Z Northwest corner of Maynard Avenue and Greehill Road ROW Vacate City of Waterloo Pnnr of 521l City of Waterloo Planning, Programming and Zoning Commission October 1o, 2023 Northeast corner of Maynard Avenue and Greenhill Road ROW Vacate City of Waterloo Pnnn 49.4 of 6/1 City of Waterloo Planning, Programming and Zoning Commission October 1o, 2023 144. Northeast corner of Maynard Avenue and Greenhill Road Easement Vacate City of Waterloo City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 Offer to Vacate and Purchase City Right -of -Way U Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant (Business Name if Applicable: Address: s L 1/} 5p703 Email: Phone No.: (3160 01 _ 1Na, General Description of Property to Vacatedr(i.e.- alley between A St. & B St., South of C St.): ,%3 J (erne( o* Nay nab 3 6reenhill Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment— One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: if the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement": The following easement shall be retained: 9e is 1, 4. VOiZ9 . Other: Plea provide a site plan and/or aerial photo of the area to be vacated if the request involves ad . ' : I,constr ctio _ as the reason for the request. Applicant Print Name 2Z-23 Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 386 of 521 MGVnarA PERMIT # NAME - 5.4% IA ADDRESS LEGAL DESCRIPTION 841321ic2o1q . APPROVALS - FOR OFFICE USE ONLY Zoning • Lot Dimensions • Lot Area • 35% Max. 30% Rear Density - Use - Front Yard (average) : Side Yard • Rear Yard • Accessory Bldg Atiatehed (sq ft)_- Accessory Bldg Deidkhed (sq ft) • 5% or 850 sq. ft. ? Siding Material • Easements • Bldg. Height Flood Plain ? Hist Significance? Hwy Corr./Main St. ? FIN Brought in er Removed ? If Removed, whereto? • Commercial Site Plan : Attach Comm. Sheet Sign -off Legal nonconforming ? CURA / iZ? PLANNING DEPT. CRS Site Approval ? Sidewalks - Driveways • Waiver Grade Required ? Street/Alley Access (Both Allowable if Street Access is F>dsting) Comer Lot -Handicap Ramps Req`d • 2nd Access by City Engineer Approval Only ENGINEERING DEPT. 4_,0_,.. SCALE ; 1" =. a!j\ COBefo yolu. ai 1- 0 29 - 98 TFh...,„s.i-.10 fe'r toesESy phdetgtakitd Page 387 of 521 REQUEST: APPLICANT: GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: September 12, 2023 Request by DLG Investments LLC (Gray Transportation) for a Site Plan Amendment for an employee parking lot in the "M-2, P" Planned Industrial District located east of 2459 GT Drive. DLG Investments LLC, 2459 GT Drive, Waterloo, IA 50703 The applicant is requesting to construct a new 40 stall parking lot for the existing business, Gray Transportation, east of 2459 GT Drive. The request would not have a negative impact on the surrounding area, as the area is composed of industrial uses. Ryder Logistics, located to the east of the property, has a large employee parking lot to the west of their building. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The parking will be for employee vehicles, not semi parking. The site will be accessed by GT Drive which is classified as a local street. RELATIONSHIP TO There are no sidewalks in the highly industrial area around GT RECREATIONAL Drive. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: DEVELOPMENT HISTORY: The site in question is zoned "M-2,P" Planned Industrial District and has been zoned as such since it was rezoned from "A-1" Agricultural District on October 9, 1995. The surrounding properties zoning and their uses are as follows: North: ABC Supply Company zoned "M-2,P" Planned Industrial District East: Con-Trol zoned "M-2,P" Planned Industrial District South: Warehouse zoned "M-2,P" Planned Industrial District West: Gray Transportation, zoned "M-2,P" Planned Industrial District There is no screening required for this request, as all uses in the area are industrial in nature. The proposed request requires storm water management and areas have been planned for this requirement. Industrial buildings in the area were built between 1996 and 2011. SPA— East of 2459 GT Drive Page 1 of 5 25 Page 388 of 521 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: September 12, 2023 The property is not located within a special flood hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0304F, dated July 18, 2011. There are no schools or open spaces in the nearby vicinity. All utilities serve the site in question. No utilities will be needed for this development. However, the future development to the south of the parking lot will likely need utilities. The Future Land Use Map designates this area as Industrial. The proposed Site Plan Amendment conforms to the Future Land Use Map and Comprehensive Plan. The Site Plan Amendment area is located within the Primary Growth Area. The applicants are requesting a Site Plan Amendment in order to construct a 40 stall parking lot for their business at 2459 GT Drive in the "M-2, P" Planned Industrial District. The 40 stall parking lot will provide additional employee parking for Gray Transportation. Employees currently park in the lot to the south of their building and use the area to the northeast of the building, which is not paved. The new parking lot will be asphalt. The existing site meets the zoning ordinance requirements for parking regulations by providing approximately 38 parking spaces. The business is in need of more employee parking as the business has grown. The site plan shows a 20 foot setback from all property lines for the parking area. SPA— North of 2117 Falls Ave Page 2 of 5 26 Page 389 of 521 September 12, 2023 Picture 1: Existing Gray Transportation parking lot. Picture 2: Existing Gray Transportation parking lot. SPA— North of 2117 Falls Ave Page 3 of 5 27 Page 390 of 521 September 12, 2023 Picture 3: Looking south on GT Drive with new parking lot on left where trees currently are. Picture 4: Proposed location of parking lot. SPA— North of 2117 Falls Ave Page 4 of 5 28 Page 391 of 521 TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: September 12, 2023 Knutson noted the Engineering Department will need a full site plan showing drainage areas. The area in question will be platted to split the north parking lot portion from the rest of the property to encourage development on the southern portion. Therefore, staff recommends that the request by DLG Investments LLC for a Site Plan Amendment for an employee parking lot in the "M-2, P" Planned Industrial District located east of 2459 GT Drive, be approved for the following reasons: 1. The request would not appear to have a negative impact on traffic conditions in the area, as the parking is only for employees, not truck traffic. 2. The request would appear to be compatible with surrounding development. And subject to 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, etc. SPA— North of 2117 Falls Ave Page 5 of 5 29 Page 392 of 521 City of Waterloo Planning, Programming and Zoning Commission September 12, 2023 East of 2459 GT Drive Site Plan Amendment DLG Investments LLC 30 r7,,,..,. ono ..0 C74 City of Waterloo Planning, Programming and Zoning Commission September 12, 2023 East of 2459 GT Drive Site Plan Amendment DLG Investments LLC 31 Pnnr °na of'.91 N AI& 4 J OF WA rF eo V `"l.....""""' �S 7dt0�� 0.60 Acres Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Esri Community Maps Contributors, Iowa DNR, OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA Gratj Transportation Parkjf$ Note: Parking setback 20' 32 Page 395 of 521 APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C-P", "B-P", "S-I" OR "C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment 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): -D1..,G mn Je S 4- to e&A-5 1. L C Address:Z s q GT or-vPhone:3/9.9/ _/?zo Fax:itq. 23t/. gs-yl City: tido e r 1 0 o State: , , as. Zip: _G-p 7 0� Email: d rrL , fayy ro n • / y „n b. Status of a plic1' - nt: (a Ov 4ier>‹, (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address:V/5i Ca- Drive Phone: 3(I- City: t410 r o o State:o�,c�.-. Email: oLQ ro y z ra -1 ra n , t ,� 2. PROPERTY INFORMATION: a. General location of site plantobe amended: A C r a SS -0\ e, 3 r e e } o i^ 4- e po C ; n in 4- Z'T5 1 GT. b. Legal description of property or portion to be amended: The (o i -k 150 P e 4- o-P Lo �O r 1-hea5 /- TnduPark f/o- M. 3' e4 a.? 4-he cl 15 Pee* #-her¢ Ci �y o-+- 1/06 k-(obi Brack 1-faok Cotcn4Y, =4 c. Dimehsions of proposed site plan amendment: d. Area of proposed site plan amendment: e. Current zoning: f. Reason(s) for site plan amendment and proposed use(s) of property: P.m ? it, it e e C A t` 1 a e k: n_/ it, 4- Y,S- l7Lv rFax:3/1-2351-�$�l/ Zip: go -70 3 g. Conditions (if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): Ya r lam: nq 104- k/: I i be. Q . k I + 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. 'J Signature of Applicant Date Signature of Owner Date 33 Page 396 of 521 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 October 16, 2023 AGENDA ITEM TITLE Sale and conveyance of city -owned property to DLG Investments, LLC, (Gray Transportation), in the amount of $1.00, with a Development and Minimum Assessment Agreement in the amount of $125,000.00, for the construction of a forty stall employee parking lot, located east of 2459 GT Drive. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request for the sale and conveyance of city -owned property to DLG Investments, LLC, in the amount of $1.00, with a Development and Minimum Assessment Agreement in the amount of $125,000.00, for the construction of a 40 stall employee parking lot, located east of 2459 GT Drive, and instruct the City Clerk to publish public notice. DLG Investments, LLC plans to construct a new 40 stall employee paved parking lot directly to the east of their office at 2459 GT Drive. At times, employees are parking on a gravel area to the northeast of their office building and relocating the employee parking to this location will eliminate any conflicts between employee parking and trailer parking, opening additional space for their growing fleet. NEIGHBORHOOD IMPACT The new parking lot would appear to be in character with the industrial area and traffic to and from the parking lot would not negatively impact traffic flows in and around this area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The site plan amendment to build the new parking lot is set to go before the city council on October 16, 2023 after it received a recommendation of approval from the Planning and Zoning Commission. SOURCE OF EXPENDITURES Page 397 of 521 ALTERNATIVE ACTION LEGAL DESCRIPTION The north 126 feet, except the east 95 feet thereof, Lot 11, Northeast Industrial Park Plat No. 3, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Development Agreement 2. Parking Lot Map 3. Aerial Map of Site Page 398 of 521 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 DLG Investments, 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 Northeast Industrial Area Urban Renewal and Redevelopment Plan Area (the "Urban Renewal Area"), pursuant to the Northeast Industrial Area 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 399 of 521 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 concrete parking lot and related landscaping and storm water detention (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. 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 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 2 Page 400 of 521 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 twelve (12) 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 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 3 Page 401 of 521 of time of up to six (6) months for the 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 Improvements on the schedule 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, 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 conveyed back to City. 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. 4 Page 402 of 521 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 $125,000.00 (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. 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 5 Page 403 of 521 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, or applicable portion thereof, and completed 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 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. 1✓. 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. 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 6 Page 404 of 521 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. 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. 7 Page 405 of 521 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 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 8 Page 406 of 521 incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 14. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City, 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; 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 9 Page 407 of 521 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 portion thereof 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. 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, 10 Page 408 of 521 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. (b) if to Company, at 2459 GT Drive, Waterloo, Iowa 50703, Attention: Darrin L. Gray. 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. 11 Page 409 of 521 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. 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. 12 Page 410 of 521 CITY OF WATERLOO, IOWA DLG INVESTMENTS, L.L.C. • By: By Quentin M. Hart, Mayor Darrin L. Gray Managing Member Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. 13 Darrin L. Gray Page 411 of 521 EXHIBIT "A" Legal Description of Property The North 126 feet, except the East 95 feet thereof, Lot 11, Northeast Industrial Park Plat No. 3, City of Waterloo, Black Hawk County, Iowa. Page 412 of 521 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"), DLG INVESTMENTS, 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 "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 Northeast Industrial Area 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 $125,000.00 (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 413 of 521 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 414 of 521 (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 415 of 521 CITY OF WATERLOO, IOWA DLG INVESTMENTS, L.L.C. By: By: Quentin Hart, Mayor By: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Darrin L. Gray, Manager 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 416 of 521 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on Se,Pit'enbeir 6 , 2023 by Darrin L. Gray as Managing Member of DLG investments, L. LC. 4%°1/41Akr row1+ EMILY SELIGA Commission Number 849716 My Commission Expires July 27, 2026 Notary Public 5 Page 417 of 521 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 Hundred Twenty Five Thousand and 00/100 Dollars ($125,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF I O WA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2023 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 418 of 521 0.60 Acres Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Esri Community Maps Contributors, Iowa DNR, OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA Gratj Transportation Parkjf$ Note: Parking setback 20' Page 419 of 521 City of Waterloo Planning, Programming and Zoning Commission September 12, 2023 r r L • rit East of 2459 GT Drive Site Plan Amendment DLG Investments LLC Pnnr a911 of c.91 N 't&: 4 J OF WA rF eo V `"l.....""""' 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 October 16, 2023 AGENDA ITEM TITLE Request by SKH Properties for a Site Plan Amendment to construct a 4,350 square foot medical office building in the "C-P" Planned Commercial District, located southeast of 4006 Johnathan Street at the corner of Tower Park Drive and Johnathan Street. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicants are requesting a site plan amendment to construct a 4,350 square foot medical office at the northwest corner of Jonathan Street and Tower Park Drive. The applicants are proposing to construct a 1-story building with an atrium entrance. The building will have primarily vinyl siding with composite panels and cultured stone near the entrance to the building. The site plan shows 24 parking spaces including one handicap space. Parking requirements for medical office is one space for every 200 square feet of floor area which translates into a maximum requirement of 22 spaces (floor space only includes patient use areas so the actual parking requirement will be slightly less). The applicants are also showing a storm water detention area on the southwest corner of the property. NEIGHBORHOOD IMPACT The request to construct a medical office would not appear to have a negative impact upon the surrounding area as it located in an area with other similar uses. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held by the Planning, Programming, and Zoning Commission on December 10, 2023 and notices were sent to property owners within 250 feet. SOURCE OF EXPENDITURES Page 421 of 521 N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Parcel "F" of Plat of Survey filed as Doc. #2005-07651 being a part of the Northeast Quarter of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa. ATTACHMENTS 1 Council Packet 2. Evolve Board Low Res (002) 3. Evolve Shell - A3.0 Page 422 of 521 October 10, 2023 REQUEST: Request by SKH Properties for a Site Plan Amendment to construct a 4,350 square foot medical office building in the "C- P" Planned Commercial District located southeast of 4006 Johnathan Street at the corner of Tower Park Drive and Johnathan Street. APPLICANT(S): SKH Properties, 1310 Grandview Avenue, Waterloo, Iowa 50703. GENERAL DESCRIPTION: The applicants are requesting to build a 4,350 square foot medical office with 24 parking spaces. SURROUNDING The request to construct a medical office would not appear to LAND USES AND have a negative impact upon the surrounding area as it IMPACT ON located in an area with other similar uses. NEIGHBORHOOD: VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact on vehicular or pedestrian traffic conditions TRAFFIC in the area. The area is served by Jonathan Street, which is a CONDITIONS: local street, and San Marnan Drive, which is a Minor Arterial. RELATIONSHIP TO There are no trails or sidewalks in the immediate project area RECREATIONAL although the Fisher Drive trail is planned to the south of the TRAIL PLAN AND project area. COMPLETE STREETS At this September 26, 2023 meeting the Complete Streets POLICY: advisory committee voted to recommend that sidewalks be installed on both Jonathan Street and Tower Park Drive and acquire the necessary easements for them. Staff recommends sidewalks on Tower Park Drive but not Jonathan Street. ZONING HISTORY The area in question has been zoned "C-P" Planned FOR SITE AND Commercial District and has been zoned as such since the IMMEDIATE VICINITY: adoption of the Zoning Ordinance 4669 on February 25, 2004. Surrounding land uses and their zoning designations are as follows: North — Jonathan Street, San Marnan Drive, Residential and Commercial, zoned "C-P" Planned Commercial District, "C- 2,C-Z" Conditional Zoning District, "R-1" One and Two Family Residence District, "R-4" Multiple Residence District, and "C- 1" Neighborhood Commercial District. South — Tower Park Drive and Commercial, zoned "C-2,C-Z" Conditional Zoning District. East — Jonathan Street and Tower Park Drive, Lincoln Savings Bank, Waterfalls Car Wash, and parking zoned "C-2,C-Z" Conditional Zoning District. West — Commercial and vacant land zoned "C-P" Planned Commercial District. SPA -Medical Office Page 1 of 6 Page 423 of 521 October 10, 2023 BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: No screening is required in relation to this request. DRAINAGE: 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 as the applicants do show a stormwater management area on their site plan. DEVELOPMENT Commercial and professional office built between 1990 and HISTORY: 2016, and residential built between 1988 and 2002. FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: None of 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 0303F, dated July 18, 2011. Lou Henry Elementary School is located 0.47 miles to the north, Hoover Middle School is located 0.541 miles to the north and West High School is located 1.10 miles to the northeast. UTILITIES: WATER, There is a 10" storm sewer Line located in Jonathan Street SANITARY SEWER, and a 12" storm sewer located in Tower Park Drive. There is a STORM SEWER, ETC. 12" and 15" Sanitary Sewer Line located in Tower Park Drive and a private 8" Sanitary Sewer line goes through the property in question in the area where the parking lot is proposed. RELATIONSHIP TO The Future Land Use Map designates this area as Business COMPREHENSIVE Park: Professional Office, Commercial with Compatible Light LAND USE PLAN: Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area adopted August 21, 2023. STAFF ANALYSIS — The applicants are requesting a site plan amendment to ZONING construct a 4,350 square foot medical office at the northwest ORDINANCE: corner of Jonathan Street and Tower Park Drive. The applicants are proposing to construct a 1-story building with an atrium entrance. The building will have primarily vinyl siding with composite panels and cultured stone near the entrance to the building. The site plan shows 24 parking spaces including one handicap space. Parking requirements for medical office is one space for every 200 square feet of floor area which translates into a maximum requirement of 22 spaces (floor space only includes patient use areas so the actual parking requirement will be slightly less). The applicants are also showing a storm water detention area on the southwest corner of the property. SPA -Medical Office Page 2 of 6 Page 424 of 521 October 10, 2023 EAST fLEVATION _xsssssvursuwan--%-rzmwm nnarmamu�wuuvvouuuuuuouuvut._ EAST ELEVATION 7 SOUTH ELEVATION NORTH ELEVATION ARCHI I [crupE A3.0 Date April 10, 2919 SPA -Medical Office Page 3 of 6 Page 425 of 521 October 10, 2023 Picture 1: Existing lot looking towards 4006 Jonathan Street. Picture 2: Looking north from Tower Park Drive toward Jonathan Street. SPA -Medical Office Page 4 of 6 Page 426 of 521 October 10, 2023 Picture 3: Looking southwest from Jonathan Street toward Tower Park Drive and Green Acres Storage. Picture 4: Looking south from Tower Park Drive. SPA -Medical Office Page 5 of 6 Page 427 of 521 October 10, 2023 STAFF ANALYSIS — SUBDIVISION ORDINANCE: TECHNICAL REVIEW COMMITTEE STAFF RECOMMENDATION: The applicants are not planning to subdivide the property. Knutson stated that if they do not want right in, right out from the Jonathan Street entrance or remove a portion of the center median at their expense. There was a discussion on the possibility of sidewalks in the area but was determined that if sidewalks will be required, it should only be on Tower Park Drive. However, there is a lot of utilities on the western part of the property, so it should cross from the south part of Tower Park Drive on the east side of Winn Street and a ramp at Jonathan Street. It was noted that there is not enough room for a sidewalk along Jonathan Street in the right-of-way, and it would not appear to make sense to require it in an easement when it would not connect to anything. In the future, if Jonathan is reconstructed it would likely be done without the medians, which would leave room for a sidewalk in the future. Therefore, staff recommends that the request by SKH Properties for a Site Plan Amendment to construct a 4,350 square foot medical office building in the "C-P" Planned Commercial District located southeast of 4006 Johnathan Street at the corner of Tower Park Drive and Johnathan Street 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 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. 4. The project will infill a lot with unusual dimensions that has been difficult to develop. 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. 2. Sidewalk be constructed along Tower Park Drive east of Winn Street to Jonathan Street. SPA -Medical Office Page 6 of 6 Page 428 of 521 0' I%.�IIIIII�110 20' 40' SITE DEVELOPMENT PLAN EVOLVE AESTHETICS SITE ADDRESS: 330 TOWER PARK DRIVE PARCEL ID: 881309226033 OWNER/DEV.: CEDAR VALLEY MEDICAL SPECIALISTS PC 4150 KIMBALL AVENUE WATERLOO, IOWA 50701 ZONING: C-P, PLANNED COMMERCIAL LOT SIZE: 24,982 SF / SETBACK REQUIREMENTS FRONT: 20' / RAISED TO 30' REAR: 20' / REDUCED TO 10' SIDE: 5' LOT AREA UTILIZATION: BUILDING FOOTPRINT: 4,692 S.F. (18.8%) TOTAL PAVEMENT & SIDEWALKS: 9,098 S.F. (36.4%) TOTAL VEGETATED SURFACE: 11,192 S.F. (44.8%) PARKING: REQUIRED PER ZONING ORDINANCE:. 14. Medical Doctor's Offices or Dental Clinics. One (1) parking space for each two hundred (200) square feet of floor area. CALCULATIONS: TOTAL FLOOR AREA = 4,180 SF / 200 = 22 SPACES (EXTERIOR WALLS AND MECH. REMOVED) REQUIRED PARKING = PROVIDED PARKING = 22 SPACES 23 SPACES FLOOD PLAIN: ZONE X PER FEMA FIRM 19013C0303F STORM WATER MANAGEMENT: ONSITE REQUIRED _ _ , T „.,, _ T DESIGN Huff Contracting, Inc. Building since 1946 SITE DEVELOPMENT PLAN EVOLVE AESTHETICS PN: 23020 CEDAR VALLEY MEDICAL SPECIALISTS PC 4150 KIMBALL AVENUE WATERLOO, IOWA 50701 CO.2 9/29/2023 CHECK Page 429 of 521 ABBREVIATIONS AFF ACT ALT. ALUM. APC APPROX. ARCH. BD. BLDG. BLKG. BOT. B.O. BRG. BUR CG CJ CL / C.L. CLG. CMU COL. CONC. CONST. CONT. CORR. CPT. CT D. DF DIA. DIM. DN. DS DTL. DWG. EA. EJ EL. ELEC. ELEV. EQ. EQUIP. EWC EW EXH. EXIST. EXP. EXT. FD FE FEC FIN. FLR. FND. FR FTG. GA. GALV. GC GYP. GWB HDW. HM HORIZ. HVAC INT. JST. JT. KIT. LAV. LHR LT. ABOVE FINISH FLOOR ACOUSTICAL CEILING TILE ALTERNATE ALUMINUM ACOUSTIC PANEL CEILING APPROXIMATE ARCHITECT (URAL) BOARD BUILDING BLOCKING BOTTOM BOTTOM OF BEARING BUILT UP ROOF CORNER GUARD CONTROL JOINT CENTERLINE CEILING CONCRETE MASONRY UNIT COLUMN CONCRETE CONSTRUCTION CONTINUOUS CORRIDOR CARPET CERAMIC TILE DEEP DRINKING FOUNTAIN DIAMETER DIMENSION DOWN DOWNSPOUT DETAIL DRAWING EACH EXPANSION JOINT ELEVATION ELECTRICAL ELEVATOR EQUAL EQUIPMENT ELECTRIC WATER COOLER EACH WAY EXHAUST EXISTING EXPOSED EXTERIOR FLOOR DRAIN FIRE EXTINGUISHER FIRE EXTINGUISHER CABINET FINISH (ED) FLOOR FOUNDATION FIRE RATED / FIRE RESISTANT FOOTING GAUGE GALVANIZED GENERAL CONTRACTOR GYPSUM GYPSUM WALL BOARD HARDWARE HOLLOW METAL HORIZONTAL HEATING, VENTILATING, AIR CONDITIONING INTERIOR JOIST JOINT KITCHEN LAVATORY LEFT HAND RETURN LIGHT MAX. MECH. MFR. MIN. MISC. MO MTL. MULL. NIC NOM. NTS OC OD OPG. PLAM. PLAS. PT. PTD MAXIMUM MECHANICAL MANUFACTURER MINIMUM MISCELLANEOUS MASONRY OPENING METAL MULLION NOT IN CONTRACT NOMINAL NOT TO SCALE ON CENTER OVERFLOW DRAIN OPENING PLASTIC LAMINATE PLASTER PAINT PAPER TOWEL DISPENSER QT QUARRY TILE RA RETURN AIR R / RAD. RADIUS RB RUBBER BASE RD ROOF DRAIN REF. REFL. REFR. REINF. REQ. REV. RHR RM. RO R.O.W. RTU RVT SA SAFB SD SCHED. SF SHT. SHTG. SIM. SPEC SS STD. STL. STOR. STRUCT. SUSP. TERR. THK. T.O. T.O.B. T.O.C. T.O.F. T.O.W. TPD TV TYP. U. VAR. VIF VB VERT. WC WD WB WWF REFERENCE, REFER TO REFLECTIVE REFRIGERATOR REINFORCE (D) (ING) REQUIRED REVISION (S), REVISED RIGHT HAND RETURN ROOM ROUGH OPENING RIGHT OF WAY ROOF TOP UNIT REINFORCED VINYL TILE SUPPLY AIR SOUND ATTENUATING FIBERGLASS BATTS SOAP DISPENSER SCHEDULE SQUARE FEET SHEET SHEATHING SIMILAR SPECIFICATION STAINLESS STEEL STANDARD STEEL STORAGE STRUCTURAL SUSPENDED TERRAllO THICK (NESS) TOP OF TOP OF BEAM TOP OF CONCRETE TOP OF FOOTING TOP OF WALL TOILET PAPER DISPENSER TELEVISION TYPICAL URINAL VARIES VERIFY IN FIELD VINYL BASE VERTICAL WATER CLOSET WOOD WEATHER BARRIER WELDED WIRE FABRIC STANDARD MOUNTING HEIGHTS CO 1 M HANDRAIL HANDRAIL N MIRROR N CC w U O N ACCESSIBLE WALL MOUNTED LAVATORY AND MIRROR i) SOAP DISPENSER PAPER TOWEL DISPENSER GRAPHIC SYMBOLS NEW / EXISTING WALL CONSTRUCTION NEW EXISTING WALL WALL (SCREENED) ROOM NAME AND NUMBER ROOM NAME 101 ROOM NUMBER NEW DOOR NUMBER 4 DIGIT 90° SWING ROOM NUMBER ALPHABET CHARACTERS USED TO DISTINGUISH BETWEEN MULTIPLE DOORS THAT ARE ASSOCIATED WITH PARTICULAR ROOMS EXISTING DOOR NUMBER 45° SWING ROOM NUMBER ALPHABET CHARACTERS USED TO DISTINGUISH BETWEEN MULTIPLE DOORS THAT ARE ASSOCIATED WITH PARTICULAR ROOMS WINDOW TYPE SPOT ELEVATION +/- 8'-0„ MATERIAL INDICATIONS EXTERIOR & INTERIOR ELEVATION ELEVATION LETTER ELEVATION DIRECTION SHEET NUMBER BUILDING SECTION / WALL SECTION SIM DETAIL SECTION DIRECTION DETAIL NUMBER SHEET NUMBER DETAIL NUMBER SHEET SIM NUMBER REVISION MARKER TOILET ACCESSORIES TAG WALL TAG ASSEMBLY TYPE TAG IIIIIIIIIIIIIII EARTH METAL STUDS JI METAL SECTION CMU (STD. WT.) METAL (LARGE SCALE) CODE STUDY WOOD STUDS INSULATION (BLANKET OR BATT) GLASS FIBER REINFORCED GYPSUM BOARD WOOD BLOCKING GRAVEL / SAND FILL CONCRETE BRICK I /////// I STONE EXISTING CONSTRUCTION FINISHED WOOD RIGID INSULATION SEALANT GYPSUM BOARD II I I I I I I I I II ACOUSTICAL CEILING LOCATION: WATERLOO, IA 50701 BUILDING LEVELS: ONE OCCUPANCY GROUP B_BUSINESS BUILDING AREA: 3,642 SQUARE FEET CONSTRUCTION TYPE: COMBUSTIBLE VB APPLICABLE CODES: BUILDING: 2015 INTERNATIONAL BUILDING CODE PLUMBING: 2015 UNIFORM PLUMBING CODE ELECTRICAL: 2017 NATIONAL ELECTRIC CODE MECHANICAL: 2015 INTERNATIONAL MECHANICAL CODE FIRE: 2015 INTERNATIONAL FIRE CODE ENERGY: 2012 INTERNATIONAL ENERGY CONSERVATION CODE ACCESSIBILITY: ICC A117.1-2009 FIRE RESISTIVE REQUIREMENTS: EXTERIOR BEARING WALL (0 HOUR) ROOF CONSTRUCTION (0 HOUR) CEILING (0 HOUR) FIRE SPRINKLERS: SPRINKLER SYSTEM IS NOT REQUIRED MAX TRAVEL DISTANCE: <200' MAX COMMON TRAVEL DIST.: <75' HAND DRYER w uJ Cn 2 U W STANDARD URINAL ACCESSIBLE URINAL SANITARY NAPKIN DISPOSAL W CC CO Huff Counseling Services Sheet Index General G1.0 COVER, SHEET INDEX & LOCATION MAP Structural S1.0 FOUNDATION AND SLAB PLAN S2.0 ROOF FRAMING PLAN S3.0 STRUCTURAL DETAILS Architectural A2.0 FLOOR PLAN A3.0 EXTERIOR ELEVATIONS A5.0 WALL SECTIONS A8.0 OPENING SCHEDULE & TOILET ROOM ELEVATIONS Electrical A POWER PLAN B LIGHTING PLAN GENERAL NOTES 39"— 41" /16"— 18' WHEELCHAIR 17"-19'.. AMBULATORY I36" MIN GB18 42" MAX 1 42" MIN. MAX TOP OF BAR — m TOILET PAPER DISPENSER X CO GB42 11 d CO CCTPDI 12 24" p C 1 PROTRUDING DISPENSER OUTLET AREA RECESSED DISPENSER OUTLET AREA GB36 1. HVAC, ELECTRICAL AND PLUMBING CONTRACTORS TO COORDINATE PROPOSED EQUIPMENT INSTALLATIONS W/ LOCAL INSPECTORS PRIOR TO CONSTRUCTION. 2. MATERIALS AND USES IN THE BUILDING WILL BE COMPATIBLE WITH ASSIGNED OCCUPANCIES AND CONSTRUCTION TYPE. INTERIOR FINISHES TO MEET IBC CHAPTER 8 REQUIREMENTS.TEMPERED/SAFETY GLAZING TO BE PROVIDED AS INDICATED ON PLANS AND TO MEET 2015 IBC 2406. 3. EMERGENCY LIGHTING WILL BE PROVIDED AND RELOCATED PER 2015 IBC 1008. VERIFY KNOX BOX LOCATION WITH LOCAL FIRE RESCUE. (2) TWO FIRE EXTINGUISHERS WILL BE PROVIDED BY G.C. AND MEET 2015 IBC 906. 4. ALL WOOD IN WET LOCATIONS OR IN CONTACT WITH CONCRETE TO BE PRESSURE TREATED LUMBER. 5. DISCREPANCIES BETWEEN THESE DOCUMENTS AND THE ACTUAL FIELD CONDITIONS SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT BEFORE PROCEEDING WITH WORK. 6. DIMENSIONS MARKED "CLEAR" SHALL BE MAINTAINED AND SHALL ALLOW FOR THICKNESS OF FINISHES INCLUDING CARPET, PAD, CERAMIC TILE, V.C.T., ETC 7. 'TYP.' MEANS THAT THE CONDITION IS REPRESENTATIVE FOR SIMILAR CONDITIONS THROUGHOUT, UNLESS OTHERWISE NOTED. 8. EXTERIOR BUILDING SIGNS SHALL BE SUBMITTED UNDER SEPARATE PERMIT APPLICATION FOR REVIEW AND APPROVAL AS REQUIRED BY LOCAL AUTHORITIES. EXTERIOR SIGNS ARE NOT WITHIN THE SCOPE OF BUILDING DEPARTMENT APPROVAL. 9. PROVIDE GWB CONTROL JOINTS AND CORNER GUARDS AS REQUIRED. 10. ONE DRAFTSTOP SHALL BE PROVIDED SO ROOF AREA DO NOT EXCEED 3,000 SF. N) M a0 N) DRINKING FOUNTAIN / ELECTRIC WATER COOLER w O J TWO OR MORE ROBE / COAT HOOK 0 BABY CHANGING STATION General Contractor Huff Contracting, Inc. 1310 GRANDVIEW AVENUE WATERLOO, IA 50703 319.233.9000 319.233.1 164 FAX CONTACT: JASON HUFF (jason@huffcontractinginc.com) Architect Levi Architecture 1009 TECHNOLOGY PARKWAY P.O. BOX 1240 CEDAR FALLS, IA 50613 319.277.5636 319.277.5639 FAX CONTACT: MIKE THOLE, AIA (danlevi@leviarch.com) Structural Engineer M2B Structural Engineers, LLP 422 2ND AVENUE SE CEDAR RAPIDS, IA 52401 319.364.0666 319.364.1456 FAX CONTACT: LYNN BOETTCHER, P.E. (Iboettcher@m2bengineers.com) Civil Engineer Fehr Graham -Engineering 200 5TH AVENUE SE, SUITE 100 CEDAR RAPIDS, IA 52401 319.294.6909 319.294.5133 FAX CONTACT: ALEX BOWER (abower@fehr-graham.com) LOCATION MAP Scale: NTS Architect's Stamp I hereby certify that the portion of this technical submission described below was prepared by me or under my direct supervision and responsible charge. I om o duly Licensed Architect under the lows of the State of Iowa. Daniel E. Levi Printed or Typed Name Signature Discipline: Architect Iowa License No: 5266 Pages or Sheets covered by this sear G1.0, A2.0. A3.0, A5.0. A8.0 Dote of issuance: April 18. 2019 Zvi ARCI-IITFCTUR[ P.O. Box 1240 Cedar Falls, IA 50613 319.277.5636 319.277.5639 fax www.leviarchitecture.com © Copyright 2019 Drawings & specifications, ideas, designs, & arrangements represented are & shall remain the property of the architect Sc no part shall be copied or disclosed to others or used in connection with any work or project other than the specified project for which they have been prepared without the written consent of the architect. Visual contact with these drawings & specifications shall constitute conclusive evidence of acceptance of these restrictions. th 0 0 0 ponig ci) a) U 0) a) U U N _CZ o co 0 O ndex & Location Cover, Sheet G1.0 Date: April 18, 2019 Page 430 of 521 _ " INTERIOR WALL TYPES 2x4" WOOD STUD FRAMING W/ FULL INSULATION 5/8" GWB, EACH SIDE 2x6" WOOD STUD FRAMING W/ FULL INSULATION 5/8" GWB, EACH SIDE 2x4" STAGGERED WOOD STUD FRAMING ON 2x6 SILL W/ FULL INSULATION 5/8" GWB, EACH SIDE 6'-0" 12 0" .,., 12'-8" 19-4" w c2 0 6'-0" 6'_0" w o 4'% 5'-0" 6'-6" 6'-6" BRICK w J U m LEDGE W3 w� W3 a`�-„.. m %' © W4 aa w SHEATHING II T c2 _Q o , 00 I 6" 120 -11g � 6'-8" CAI 20-6g 74„ In '" 5° TOILET 32„ W1 W3 W4 ���� 101 ATI SE NG L U112 o A - ' cwB soFFIT ABOVE 00 N , oo W1 W3 W4 ^~' O WATER FOUNTAIN 6„ j=-g" O ' W/ BOTTLE FILLER I, I 2 8 J I o W2 ■ �= 11:s r M wi w3 I 'I A50 STORAGE ® 113 114 �„ wi w3 wa 3Z„ 74" 'co i I . O O © In 1 ° `6„ In STRUCT. I I I BRICK LEDGE _ COUNSELOR ® O 111 Viz„ 3 _4„ 1, 7z„ 52" 2 SEE ^M ', STRUCT. �I I 1 I II S NK 12'-1" / 6" W2 O SEMI FIRE —RECESSED EXTINGUISHER 1 % 0 o A5.0 II : 0 © �N N COUNSELOR `� 102 g 10 Li II ..._ I -r 0 3 ! In(-NI N — 110 GROUP 0 _ w2 ROOM In 115 I N) �� 3 COUNSELOR wz 0 1 6" II 12 _1 I / 0 N 6„ © = N e © 1 D, COUNSELOR In 109 1 SEMI —RECESSED FIRE EXTINGUISHER ;n 0 �,N KITCHENETTE .: ® ® 104 1 .,_ MIS / ��\ ® I ,, 8' —1 14" P 6„ n I I 1 _ i°° TOILET w� 105 '0 _ © � © ^ a —► W� _ COUNSELOR COUNSELOR .r �. 108 107 ^IN - 2 / CO a' MECH. 106 — �-- F SHEATHING SHEATHING zI. W2 16'-44„ W2 5, 0„ co co 28'-74„ o 6" o J W / cncD / / 50'-6" / / im PROPOSED 3,642 Sf PLAN Zvi ARCHIT[CTUR[ P.O. Box 1240 Cedar Falls, IA 50613 319.277.5636 319.277.5639 fax www.leviarchitecture.com © Copyright 2019 Drawings & specifications, ideas, designs, Sc arrangements represented are & shall remain the property of the architect & no part shall be copied or disclosed to others or used in connection with any work or project other than the specified project for which they hove been prepared without the written consent of the architect. Visual contact with these drawings & specifications shall constitute conclusive evidence of acceptance of these restrictions. Build y) �0 V / a) c 2 co b 0 CO� ON O L= ri 4) O i Cs O > LL A2.0 Date: April 18, 2019 Scale: 1/4" = Page 431 of 521 ASPHALT SHINGLES, TYP. $ TOP OF WALL +10'-6" PREFIN. SHT. MTL. GUTTER, DOWNSPOUT, FASCIA & VENTED SOFFIT, TYP. VINYL LAP SIDING, TYP. 4 FINISH FLOOR +0'-0" T.O. FOOTING SEE STRUCT. ASPHALT SHINGLES, TYP. 4 TOP OF WALL +10'-6" PREFIN. SHT. MTL. GUTTER, DOWNSPOUT, FASCIA & VENTED SOFFIT, TYP. VINYL LAP SIDING, TYP. FINISH FLOOR +O,-0" T.O. FOOTING SEE STRUCT. PREFIN. SHT. MTL. GUTTER, DOWNSPOUT, FASCIA & VENTED SOFFIT, TYP. COMPOSITE LAP SIDING, TYP. PRECAST SILL, TYP. FACE BRICK, TYP. RIDGE VENT, TYP. 12 4 —ail Illi.— ail =lib — I 2'-0„ / TYP. wz wz wz w2 \ 4s L- 2'-0„ ALUM. CLAD PRE —HUNG WINDOW, TYP. [AST [L[VATION Scale: TYP. 4 1 /4" 1 0 RIDGE VENT, TYP. W4 W4 W4 W4 2'-0„ TYP. Mwas M _E wi W3 W3 a a I 1 i � — — — M=IPIPAIII II L GALV. H.M. DOOR & FRAME, PAINT CONCRETE STOOP, SEE STRUCT. 1 _L i ALUM. CLAD PRE —HUNG WINDOW, TYP. T ASPHALT SHINGLES, TYP. 4 TOP OF WALL +16'-0" COMPOSITE PANELS, TYP. $ TOP OF WALL +10'-6" ALUM. CLAD PRE —HUNG WINDOW, TYP. CULTURED STONE, TYP. 4 FINISH FLOOR +0'-0" COMPOSITE PANELS, TYP. [AST [L[VATION 12 4 Scale: 1 /4" = 1'-0" 2'—O„ TYP. T.O. FOOTING SEE STRUCT. L W4 W4 W4 12 I4 PREFIN. SHT. f MTL. AWNING H W3 W3 W3 W1 W1 W1 ��■— =_■� �� ■ ire--immm------- ALUMINUM ENTRANCE FRAMING CONCRETE STOOP, SEE STRUCT. I � H 2'-0„ COMPOSITE PANELS, TYP. TYP. ASPHALT SHINGLES, TYP. TOP OF WALL di +16'-0" COMPOSITE PANELS, TYP. TOP OF WALL di +10'-6" ALUM. CLAD PRE —HUNG WINDOW, TYP. CULTURED STONE, TYP. FINISH FLOOR di +0'-0" T.O. FOOTING di SEE STRUCT. PREFIN. SHT. MTL. GUTTER, DOWNSPOUT, FASCIA & VENTED SOFFIT, TYP. COMPOSITE LAP SIDING, TYP. PRECAST SILL, TYP. FACE BRICK, TYP. Zvi ARCHIT[CTUR[ P.O. Box 1240 Cedar Falls, IA 50613 319.277.5636 319.277.5639 fax www.leviarchitecture.com © Copyright 2019 Drawings & specifications, ideas, designs, Sc arrangements represented are & shall remain the property of the architect & no part shall be copied or disclosed to others or used in connection with any work or project other than the specified project for which they hove been prepared without the written consent of the architect. Visual contact with these drawings & specifications shall constitute conclusive evidence of acceptance of these restrictions. C (1) (.0 U y) n� O 0 = b 0 > O6w O _ - " .O 1 ri a) _ 43 A3.O Date: April 18, 2019 SOUTU [L[VATION NORTU [L[VATION Scale: 1 /4" = 1'-0" Scale: 1 /4" = 1'-0" Page 432 of 521 20'-11" I N 20'- 8" 2J$6 COUNSELOR 12'-3" COUNSEL f COUNSELOR 2-CJTG P PP 5 -- SEATING AREA MECH. MOP SINK J 5' B" UNSEL c COUNSELO COUNSELOR PP0P0fD 3,600 Sf PLAN Zvi ARC IIT[[TUR[ P.O. Box 1240 Cedar Falls, IA 50613 319,277,5838 319.277,6839 fax www, leviarch itecture.com 'T T Copyrigh t 2019 Drawings & specifications, ideas, designs, & orrcngernents represented ore k shall remain the property ai the architect & no port shall be copied or disclosed to others or used in connection with ony work or project other than the specified project for which they hove been prepared without the written consent of the orchitect. Visual contact with these drawings & specificolions shall constitute conclusive ewidence of acoeptonoe of these restrictions: 0) CD W b crj CIO 0 121— 0 co 0 — 11 Date: January 8, 2019 kale: ... = 1 !- :)" Page 433 of 521 EXTERIOR LIGHTS & SIGN TO BE CONTROLLED BYTIMECLO K III M ° M IM NEI I :: III EIMPREITAMMI Noll Elm" — a; i�5aIN Mi• A �� ta im I MM.!' m ■ _ OR mmago REIM 5r=1111 &pan m wigwam Ili MIZE ha liPMEIMI I PAIII M 111 PTIEMINIP LIMA • .4 ■ 111 o�Ns le II MIEEM is !AIME r IMIME 1 NNE TT 11 inma 'Mr] mn IS in • M IWNg 11111111111611111 I- II NM El II I minj iirimm r! Inn ,i111 1 mom '2 :11401:11d1 NI ERE 11 MEI R 131 50'—a° PROPOSED 3,600 Sf PLAN Zvi ARCI-111-fCILIR[ P.O. Box 1240 Cedar Falls, IA 50613 319,277,5838 319,277,5839 fax www,leviarchitecture,c n1 0 Copyright 2019 Drawings & specifications, ideas, designs, & arrangements represented are k shall remain the property of the architect & no part shall be copied or disclosed to others or used in connection with ony work or project other than the specified project for which they hove been prepared without the written consent of the architect. Visual contact with these drawings & specifications shaII constitute conclusive ewidence of acceptance of these restrictions. CD 0 U I Q) 0 lr_ 0 co N ct 0_ (ID c4 0 { 0_ CO LL B Date: January 8, 2019 kale: " .4.. = Page 434 of 521 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 Individual Building X Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name — Business Name if Applicable (please print): ,$ k /4 /3r.10w r4 s s Address: Phone: Fax: City: State: Zip: Email: b. Status of applicant: (a) Owner 7' (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): $ k H Pr,. „rj- s Address: / j / A. 4 �- Ju.- „ ,4 Phone: / 9. J3 / - / 3 fr Fax: City: Ai State: S,st- Zip: $d. 7 y Email• 2. PROPERTY INFORMATION: a. General location of site plan to be amended: West quadrant of Johnathan Street and Tower Park Drive b. Legal description of property or portion to be amended: pn. r c..1 T1 13 0 9.1.2 G 03 3 c. Dimensions of proposed site plan amendment: Irregular, 200' x 180' d. Area of proposed site plan amendment: 0.57 acre e. Current zoning: C-P - Planned Commercial f. Reason(s) for site plan amendment and proposed use(s) of property: Construct outpatient medical clinic 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 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. Page 435 of 521 .. • Page 436 of 521 COMPOSITE LAP SIDING, TYP. PRECAST SILL, TYP. 12 4l /f 1 I I I 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I 1 1 I 12 I4 I I I I I I I I I I I 4I I I I I I '� 11 1 1 a01111111111111111111111� 1111111111112h1.1uMAIM■t I I I I I I I I I I I I I I I ASPHALT SHINGLES, TYP. FACE BRICK, TYP. EN wa N wa w wa e T.O. WALL AIL / 13'-0" PREFIN. SHT. MTL. GUTTERS, \ I DOWNSPOUTS, FASCIA & VENTED SOFFIT, TYP. CASEMENT WINDOW, J 4' COMPOSITE TYP., SEE OPNG. SCHED. TRIM, TYP. COMPOSITE PANELS, TYP. SOUTH ELEVATION SCALE: 1/8" = 1'-0" 12 12 i � 1i1i1i1 ���I 1I1I1I1 I1I1I1I1I1I1I 1I1I1I1I1I1I1 � ow — I I I I I I I I I I I I I I I I I COMPOSITE LAP SIDING, TYP. PRECAST SILL, TYP. FACE BRICK, TYP. 6" COMPOSITE TRIM, TYP. CORNER TRIM, TYP. ASPHALT SHINGLES, TYP. - - - - _ --.6.„, wz wz wz wz wa \ wa w wi wi wi wi 4" COMPOSITE TRIM, TYP. / CASENT WINDOW, TYP., SEE OPNG. SCHED. COMPOSITE PANELS, TYP. NORTH ELEVATION SCALE: 1/8" = 1'-0" PREFIN. SHT. MTL. GUTTERS, DOWNSPOUTS, FASCIA & VENTED SOFFIT, TYP. 6" COMPOSITE TRIM, TYP. CORNER TRIM, TYP. 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 ICI 11 1 1 1 1 1 1 LL 1 1 1 1 11 II III 1 I1 1 1 1 1 1 I1 11 ICI 1 1 T 1 1 IIIII r 1'1'1'1'1f1 I'1'1'1'1'1'I 1 1 I I I I 1 1 1 1 1 I 1 1 1 12 4 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 I I I I I 1 I 1 I I 1 1 1 1 1 1 1 1 11 I I I I' I' I' II I I I I I I I I I 1 1 1 1 II'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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1'1'1'1'1'1'11 11 11 11 1' 1'1'1' 1'1'1'1' 1' 1'T' I' 1' 1' 1' 11 1 1 1 ''' IIII 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 I I I I I I I I I I I I I I I ASPHALT SHINGLES, TYP. W2 W2 W2 W2 WI -- CASEMENT WINDOW, TYP., SEE OPNG. SCHED. 101 L N T.O. WALL AIL 10'-6" MAIN FLOOR AI 0'-0" T.O. FOOTING dikk SEE STRUCT. T.O. WALL AL 13'-0" T.O. WALL otkk 10'-6" PREFIN. SHT. MTL. GUTTERS, DOWNSPOUTS, FASCIA & VENTED SOFFIT, TYP. 6" COMPOSITE TRIM, TYP. CORNER TRIM, TYP. COMPOSITE LAP SIDING, TYP. GALV. H.M. DOOR & FRAME, TYP. CONC. STOOP, SEE STRUCT. WEST [L[VATION CASEMENT WINDOW, TYP., SEE OPNG. SCHED. SCALE: 1/8" = 1'-0" 6" COMPOSITE TRIM, TYP. CORNER TRIM, TYP. 1-,—ii 1' 1' 1' 1' 1' 1' 1' 1' l'f 1 I '_' 1' 1' 1' 1' 1' 1 i—�_ =========�m■mmmmmm•ommm 1============================.____■._ —..11==========�i1==M1========\;mil-- ___________________________I_____\- 41 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 A ''''' '''' I '''''I I' �l II1I1 1 1 1I1I1 1 1 1'1'1'1'1'1'1'1'1'1'1'1'1'1'1'1 1 1 1 1E1 1 11'1' 111 1 1 111 1 1 11111' 1' 1 COMPOSITE PANELS, TYP. I I I I I I I I I I I I I I I I I I I I I I I I 11 1 1 1 1 1 1 1 1 1 I I I I I I I I I I I I I I I I I I I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 u I IIIII I IIIII 1 1 1I1I1 1 1I1� 1u 1 1 1I1I1 1 1I1I1I1 1 1I1I1 1 1I1I1 1 1 1I1I1 I IIIII I IIIII I I IIII11111I1II1I1I1 l� 1uu1I11111 I1I1I 11111I1I11111 I1I1111111I1I1 11111111111111111111111111111111111111 I11 I11I11u 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 I I I I I I llr MN Cul SP Inom 12 —1 4 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 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 Ell �'�_�_ wi wi wi -_= �� wi ■ . • SYNTHET C CASEMENT STONE, TYP. WINDOW, TYP., SEE OPNG. SCHED. ALUM. DOOR & ENTRANCE FRAMING W/ THERMAL GLAZING 1 �— I.la�.11a�wwr----- • • • • • • ■ ■ 1 1 PREF N. SHT. MTL. AWNING 4" COMPOSITE TRIM, TYP. CONC. STOOP, SEE STRUCT. NiI CASEMENT COMPOSITE WINDOW, TYP., SEE PANELS, TYP. OPNG. SCHED. ASPHALT SHINGLES, TYP. MAIN FLOOR dlik 0' - 0" T.O. FOOTING SEE STRUCT. T.O. WALL AIL 13'-0" T.O. WALL AL 10'-6" MAIN FLOOR 0'-0" T.O. FOOTING olik SEE STRUCT. PREFIN. SHT. MTL. GUTTERS, DOWNSPOUTS, FASCIA & VENTED SOFFIT, TYP. / COMPOSITE LAP SIDING, TYP. PRECAST SILL, TYP. FACE BRICK, TYP. T.O. WALL AIL T.O. WALL dlik 10'-6" MAIN FLOOR Ali 0'-0" T.O. FOOTING SEE STRUCT. ARCI-IIT[CTUR[ P.O. Box 1240 Cedar Falls, IA 50613 319.277.5636 319.277.5639 fax www.leviarchitecture.com © Copyright 2023 Drawings & specifications, ideas, designs, & arrangements represented are & shall remain the property of the architect & no part shall be copied or disclosed to others or used in connection with any work or project other than the specified project for which they have been prepared without the written consent of the architect. Visual contact with these drawings & specifications shall constitute conclusive evidence of acceptance of these restrictions. ■ V 0 0 • ponlig 0 1 • CO N _c C/) 1 0 co W L 0 A3.O Date: Oct. 6, 2023 [AST [L[VATION SCALE: 1/8" = 1-0" Page 437 a 571 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 October 16, 2023 AGENDA ITEM TITLE Sale and conveyance of approximately sixty acres of city -owned property to PWM Companies, LLC, in the amount of approximately $2,160,000.00, including a Development Agreement, with a grant schedule of a minimum of $40,000.00 annually, located east of 4342 Ansborough Avenue at the southeast corner of the Ansborough Avenue and Highway 20 Interchange, for the construction of commercial buildings. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION PWM Companies is planning the phased buildout of the South Waterloo Business Park. Phase one will include approximately 60 acres. The initial buildout will include the construction of street infrastructure and two buildings approximately 138,000 square feet in size each, and two other smaller buildings. The development agreement calls for the developer to purchase the land for $36,000 per acre, and to be provided a development grant of a minimum of $40,000 a year to repay costs to put in the infrastructure for the development (streets, sewers, utilities, and water lines). The agreement includes the option for the City to buyback area at the same purchase price of $36,000, plus any prorated share of any infrastructure cost paid by the developer. NEIGHBORHOOD IMPACT The site is zoned B-P Business Park 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 B-P Business Park 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 B-P Business Park District and will need to complete the site plan approval process Page 438 of 521 through the Planning and Zoning Commission and City Council. Both meetings are public meetings that include a public notice process. SOURCE OF EXPENDITURES San Marnan TIF grants - Closing Costs ALTERNATIVE ACTION LEGAL DESCRIPTION The Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, except the west 33 feet thereof, and except Tracts A and B as described in LD Book 539 Page 982, and except Fee Tracts A and B as described in Document No. 2006-873, and except that part described in Document No. 2012-16922, all filed in the Black Hawk County Recorder's Office; and That part of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, lying southerly of US Highway No. 20 as described in LD Book 539 Page 996, and except that part conveyed to the State of Iowa in Doc. No. 2006-18278, all filed in the Black Hawk County Recorder's Office; and The Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, except the west 33 feet thereof, and except that part thereof described in Document No. 2012-16922, and except that part thereof described in Land Deeds Book 567 Page 633, and except that part thereof described in Land Deeds Book 569 Page 42, all filed in the Black Hawk County Recorder's Office; and The Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa; and The North Half (N 1/2) of the South Half (S 1/2) of the Southwest Quarter (SW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, except the West 385 feet thereof; and That part of the West Half (W 1/2) of the Northeast Quarter (NE 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, described as beginning at the center of said section; thence North 0° 03' West 1033.5 feet along the west line of said Northeast Quarter; thence South 89° 191/2' West 920.5 feet; thence South 26° 56' West 508.5 feet; thence South 0° 541/2' West 561.8 feet to a point on the south line of said Northeast Quarter; thence South 89° 211/2 ' West 680.4 feet along said south line to the point of beginning. Subject to easements, restrictions, covenants, ordinances, and limited access provisions of record and not of record. ATTACHMENTS 1. PWM - City of Waterloo dev agt 9-22-23 2. PWM-City purchase agt form Page 439 of 521 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 PWM Companies, 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 San Marnan Development Plan urban renewal area ("Urban Renewal Area"). B. Company is willing and able to finance and erect structures and related improvements on property located in the Urban Renewal Area and described or depicted as set forth on Exhibit "A-1" attached hereto (the "Property" or the "Project Property") and to finance and construct the installation of roads, related infrastructure, and other improvements and to plat and subdivide 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. D. In view of the Company's investment in assembling and undertaking the Project (defined below) and its commitment to develop the Property, the City desires to provide certain incentives to encourage the Company to facilitate timely development of the Property. {00506292 } Page 440 of 521 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. Subject to the terms hereof, City shall convey to Company that part of the Property legally described as set forth on Exhibit "A-2" attached hereto (the "Phase 1 Property") for a sum equal to $36,000 per acre, on the terms and subject to the conditions set forth in the Offer to Buy and Acceptance (the "Purchase Agreement") between the parties, a copy of which is attached hereto as Exhibit "B." The parties contemplate that Company will develop the Phase 1 Property and the remainder of the Project Property in phases or arrange for one or more third - parties to purchase portions of the Project Property for development. Within 24 months after the closing date of Company's purchase of the Phase 1 Property, Company shall purchase from City an additional number of acres to be determined by the parties, and within 48 months after the closing date of Company's purchase of the Phase 1 Property, Company shall purchase from City the remainder of the Project Property. 2. Improvements by Company. Company shall construct, or cause to be constructed, all streets, sewers, utilities, and water lines on the Property in phases after acquisition of title to the respective portion of the Property, in accordance with plans to be submitted to City (all such street and infrastructure improvements and related site preparation, including, but not limited to, necessary grading, fill, and earth work for such street improvements, are referred to as the "Street Improvements"). Company shall provide all information requested by City that is reasonably necessary to verify that the Street Improvements were properly constructed and are eligible for acceptance. In addition to construction of the Street Improvements, Company shall plat and subdivide the Property into multiple lots for development by Company or by third parties and shall act with diligence to market said lots for sale and development, or develop the Property itself. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the San Marnan Development 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 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 Street 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." The parties anticipate that Company will undertake and complete Project activities on a phase -by -phase basis. 3. Development. It is the intention of the parties that the Project Property, also known as the South Waterloo Business Park, will be fully developed for approved office, commercial, and/or light industrial uses. Company or a third -party purchaser from Company shall construct on platted lots within the Project Property the {00506292} 2 Page 441 of 521 improvements to be described in one or more separate development agreements between City and the project developer. For purposes of this Agreement, the party developing a project on the Project Property, whether Company or a third party, is referred to as a "Developer." No improvements may be constructed on any part of the Project Property without the prior written consent of City, which consent may take the form of a development agreement. A development agreement may provide for a schedule on which Project improvements are to be completed, a minimum assessed value for the improvements, Project incentives to be conditionally provided by City, and other terms and conditions. City and Company shall work cooperatively in good faith for business park design, including general layout, lot sizes, lot orientations, project layouts, and location of infrastructure. All Developer improvements shall be constructed in accordance with the terms of the applicable development 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 Developer project, City may require that the Developer submit specific building designs and site plans for City review and approval. Developer 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. Project improvements completed within the schedule established and on the terms required by a development agreement may be eligible for the benefits provided for in such agreement, and any improvements not completed within the prescribed period or in conformity with other specified terms will not be eligible for said benefits. 4. Construction Plans. Company agrees that it will cause the Street Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that will be submitted to the City before construction. Company agrees that the scope and scale of the Street 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 Street 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. {00506292} 3 Page 442 of 521 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 Street 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 Street Improvements as constructed. 5. Timeliness. To be eligible for the incentives provided by this Agreement, Company must complete construction of all of the Street Improvements in the Phase 1 Property and must plat and subdivide the Phase 1 Property within twenty-four (24) months from the date of this Agreement. If all such Street Improvements are not accepted by City within thirty (30) months from the date of this Agreement, then the grant payments provided for in Section 6 shall be suspended until acceptance of the Street Improvements. City will accept the Street Improvements only if (a) Company has posted a two-year maintenance bond with respect to the Street Improvements or (b) Company has already entered into an agreement for completion of improvements that provides for such a bond. Company's obligation to construct Street Improvements and plat and subdivide the Property shall proceed on the same schedule as above with respect to each separate phase of the Property purchased by Company pursuant to Section 1, except that the applicable time line for each phase shall commence upon the date the City conveys such phase of the Property to Company. 6. Grants to Company. As an inducement for Company to undertake the Project, the City agrees to make development grant payments (each a "Grant") to Company as follows, subject to the other terms of this Agreement: A. A semi-annual Grant in an amount equal to 100% of the property taxes collected by City (excluding Non-TIF Collections as defined in paragraph 6.0 below) from land valuations on the subject properties and minimum assessment agreements for land valuation with a party making improvements on the Property (a "Developer") pursuant to a separate development agreement with City, reduced by any and all tax rebates that City is required to pay to the Developer pursuant to the terms of any development agreement with such {00506292} 4 Page 443 of 521 Developer. For purposes of illustration only, if an agreement between City and a Developer provides for rebatement of 50% of qualifying property taxes for a period of five years, then Company would receive a Grant equal to the remaining 50% of qualifying property taxes in each year of such period. No Grant with respect to such Developer's improvements to a parcel of land for a project shall be made to Company before a property tax rebate is first paid to the Developer. At the end of the Developer's tax rebatement period, City will make a semi- annual Grant to Company in an amount equal to 100% of qualifying property taxes until Company has been paid pursuant to paragraph 6.F below. For purposes of this paragraph, the term "Developer" may include Company with respect to improvements made on the Property other than the improvements that are the subject of this Agreement. B. With respect to any taxable improvements constructed on the Property that are not subject to a separate development agreement between City and the owner -builder thereof (referred to as "Non -Qualifying Improvements", which are further explained below), a semi-annual Grant in an amount equal to 100% of the property taxes collected by City (excluding Non-TIF Collections), if not for the non -qualifying character of the improvements, starting in "Year One" and continuing thereafter until Company has been paid pursuant to paragraph 6.F below. The Grant shall be determined with reference to the taxes paid in a given fiscal year on the increased valuation of the subject property over the base valuation as of January 1, 2022. For purposes of illustration, a "Non -Qualifying Improvement" means, generally, an improvement of a type that is not eligible for property tax rebates or similar incentives, such as property that is or becomes exempt from taxation, or other classifications of property determined from time to time as ineligible by City policy. "Year One" shall be the first year for which the assessment is based upon the partial or completed value of the Non -Qualifying Improvements, but not a prior year for which the assessment is based solely upon the value of the land. C. Expressly excluded from the above -described grant and rebate program is 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 (collectively, "Non-TIF Collections"). D. Grants to Company are payable in respect of a given year only to the extent that general property taxes that are due and owing for such year have actually been paid. The City will pay Grants semi-annually. The Company reserves the right to assign the semi-annual payments to a lender as an assignment of Grant payments. E. In respect of any Grant amount that is determined from time to time, payment shall be made within a reasonable time following the tax installment payment due date, provided that the tax installment was actually paid and Company has submitted proof of payment to City or has otherwise notified City of completed payment in a manner that is satisfactory to City. {00506292} 5 Page 444 of 521 F. Notwithstanding anything to the contrary in this Section 6, City will pay to Company a minimum annual Grant amount of $40,000.00, until such time as the cumulative amount of Grants payable by City to Company under this Agreement reaches the total documented cost of constructing the Street Improvements (the "Grant Maximum"). G. Each Grant payment 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 Grant payments 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 parties will negotiate in good faith how to continue development of the property. H. Notwithstanding the provisions set forth above, City shall have no obligation to make a payment of a Grant to Company if (i) at any time during the term hereof City fails to appropriate funds for payment; (ii) City receives an opinion from its legal counsel to the effect that the use of Tax Increments to fund a Grant payment to Company 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 Iowa Urban Renewal Act or other applicable provisions of state law, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or (iii) City's ability to collect Tax Increment 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 Grant payments would otherwise have been paid to Company under the terms above, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the improvements and property in the San Marnan Development Plan area that are 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 San Marnan Development Plan. With respect to {00506292} 6 Page 445 of 521 any year for which the City Council does not appropriate funds for one or more Grant payments, the term of this Agreement shall be extended as necessary to allow for Company's recovery of the Grant Maximum. 7. City's Repurchase Rights. In connection with any future development of an unimproved portion of the Project Property, arranged by or through City with a third party and without substantial involvement by Company, City shall have the right to repurchase from Company, its successors, assigns or transferees, any part of the Project Property no longer owned by City, that is (i) undeveloped and (ii) is either not committed by binding agreement with a third party for development within a reasonable period or for which Company or a Developer has not taken out a building permit for its own Project (the "Buyback Land"). The repurchase price shall be $36,000 per acre, plus the pro rata share of infrastructure development costs incurred by Company that may be allocated to the Buyback Land in the same proportion that the number of acres of Buyback Land bears to the number of acres of Project Property owned by Company, its successors, assigns or transferees, minus future Grants paid against acquired parcels. For purposes of calculating said pro rata share, the number of acres shall be determined to the nearest hundredth of an acre. Company agrees, for itself and any Buyback Seller, that no real estate broker commission shall be payable with respect to any transaction for City's purchase of Buyback Land. City's acquisition of any Buyback Land is limited as follows: (a) City or Municipal purposes. (b) Owner/User/Operator that is NOT in a current, nor within the preceding four (4) months has been in, conversations, communication, inquiry or negotiations with Company through a real estate broker, intermediary, attorney, agent, consultant, government authority, or other representative acting on behalf or order of the end user. (c) End user cannot purchase the property for the use and development of the property for the purposes of leasing or selling real estate to third party clients, tenants, or sub -tenants or in any capacity in which real estate is rented, leased, or sold to an individual or business, who is called a tenant, lessee or by any other moniker. (d) Company will receive its share of any TIF or tax abatement incentive or rebate as provided in Section 6. Conveyances to the City shall be by warranty deed, free and clear of all encumbrances arising by or through Company, its successor, assign or transferee (each a "Buyback Seller"), except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Buyback Land; and (c) restrictions imposed by the City zoning ordinances and other applicable law. Company shall prepare, at the expense of City, an updated abstract of title, or in lieu thereof City may, at its own expense, obtain whatever form of title evidence it desires. The Buyback {00506292} 7 Page 446 of 521 Seller shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 8. 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 that 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. B. 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. 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. C. Until the Street 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 Street Improvements. D. Company will cooperate fully with City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with construction of the Street Improvements. 9. 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. 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: {00506292} 8 Page 447 of 521 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. 11. 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 Project Property arising after Company's acquisition of same. 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, {00506292} 9 Page 448 of 521 or any other person who may be about the Project Property, due to any act of negligence or willful misconduct of any person, other than any act of gross 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 Project Property, 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. 12. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the 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. 13. Assignment or Conveyance. To effectuate the parties' firm intention to develop the Project Property, any sale, conveyance, assignment or other transfer by Company of its interest in the Project Property to any other person or entity shall be subject to the terms of this Agreement. 14. 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 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; B. Transfer by Company of any interest (either directly or indirectly) in any part of the Project Property or this Agreement, without the prior written consent of City, except as expressly permitted by this Agreement; {00506292} 10 Page 449 of 521 C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Project Property after City's conveyance of same to Company; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any part of the Project Property. E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 15. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement as to any sale transaction that has not closed as of the date of termination. 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. 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. {00506292} 11 Page 450 of 521 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. 16. 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 as to any sale transaction between the parties that has not closed as of the date of termination. 17. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 18. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 19. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, 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 760 Liberty Way, North Liberty, IA. 52317, Attention: Manager, Scott Wilson. {00506292} 12 Page 451 of 521 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. 20. Relationship of Parties. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 21. Conflicting Terms. In the event of any conflict between the terms of this Agreement and the Purchase Agreement, the terms of this Agreement shall prevail. 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. {00506292} 13 Page 452 of 521 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 delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 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 PWM COMPANIES, LLC By: By: Quentin M. Hart, Mayor Scott Wilson Chief Financial Officer Attest: Kelley Felchle, City Clerk {00506292} 14 Page 453 of 521 EXHIBIT "A-1" Legal Description of Project Property The Southwest Quarter (SW 1/4) of the Northwest Quarter (NW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, except the west 33 feet thereof, and except Tracts A and B as described in LD Book 539 Page 982, and except Fee Tracts A and B as described in Document No. 2006-873, and except that part described in Document No. 2012-16922, all filed in the Black Hawk County Recorder's Office; and That part of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, lying southerly of US Highway No. 20 as described in LD Book 539 Page 996, and except that part conveyed to the State of Iowa in Doc. No. 2006-18278, all filed in the Black Hawk County Recorder's Office; and The Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, except the west 33 feet thereof, and except that part thereof described in Document No. 2012-16922, and except that part thereof described in Land Deeds Book 567 Page 633, and except that part thereof described in Land Deeds Book 569 Page 42, all filed in the Black Hawk County Recorder's Office; and The Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa; and The North Half (N 1/2) of the South Half (S 1/2) of the Southwest Quarter (SW 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, except the West 385 feet thereof; and That part of the West Half (W 1/2) of the Northeast Quarter (NE 1/4) of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, described as beginning at the center of said section; thence North 0° 03' West 1033.5 feet along the west line of said Northeast Quarter; thence South 89° 191/2' West 920.5 feet; thence South 26° 56' West 508.5 feet; thence South 0° 54'/2' West 561.8 feet to a point on the south line of said Northeast Quarter; thence South 89° 211/2 ' West 680.4 feet along said south line to the point of beginning. Subject to easements, restrictions, covenants, ordinances, and limited access provisions of record and not of record. {00506292 } Page 454 of 521 !R 0 a go og K f#' If J off €'f fi if If if {00506292} 2 Exhibit A: PWM. LLC/ OPUS Design Build —development Plan Page 455 of 521 EXHIBIT "A-2" Description of Phase 1 Property [Property to be described by survey or subdivision plat, consisting of approximately 60 acres, more or less.] {00506292 } Page 456 of 521 EXHIBIT "B" Purchase Agreement See attached. {00506292 } Page 457 of 521 OFFER TO BUY AND ACCEPTANCE TO: City of Waterloo, Iowa ("Seller") FROM: PWM Companies, LLC, or assign ("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 in the abstract of title and being a part of Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, consisting of acres, mil, and further described or delineated on an exhibit attached hereto, together with any easements and appurtenant servient estates, but subject to (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 (the "Property"), upon the following terms and conditions: 1. EARNEST MONEY AND PURCHASE PRICE. The Purchase Price shall be $ ($36,000.00 per acre), of which $ is on deposit with the law firm of Clark, Butler, Walsh & Hamann to be held in trust as earnest money, and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Agreement is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Agreement, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. 2. POSSESSION AND CLOSING. If Buyer timely performs all obligations, possession of the Property shall be delivered to Buyer at closing. Closing shall occur by , unless extended to a later date by the parties in writing, but in any event after the approval of title by Buyer and satisfaction or waiver of other contingencies. Buyer does not agree to take possession subject to the rights of non -owner occupants, if any, now in possession. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date and any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. Unless otherwise provided in this Agreement, at closing Seller shall pay Buyer, or Buyer shall be given a credit for, taxes from the first day of July prior to possession to the date of possession based upon the last known actual net real estate taxes payable according to public records. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current levy rate, assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the assessor's records on the closing date. 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, and all prior installments thereof. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing, shall be paid by Seller. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Seller through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Seller. Buyer shall pay all other special assessments or installments not payable by Seller. 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing. Seller agrees to maintain existing insurance, and Buyer may purchase additional insurance. 6. FIXTURES. Omitted. 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement will be preserved by the Seller in its present condition until possession. Except as expressly set forth in this Agreement, Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property, its marketability, fitness for any particular use or purpose, or otherwise. Buyer is responsible to conduct its own investigations and inspections. Page 458 of 521 8. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to Buyer's attorney for examination, or in lieu thereof Buyer may, at its own expense, obtain whatever form of title evidence it desires. 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 title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten (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 or the death of Seller or its assignees. After all valid objections have been satisfied or provided for, Seller shall have no obligation to pay for further abstracting, excepting any made necessary by its own affairs. 9. SURVEY. If a survey is required under Iowa Code Chapter 354, or city or county ordinances, Buyer shall pay the costs thereof. Buyer may, at Buyer's expense prior to closing, have the Property surveyed and certified by a registered land surveyor. 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. 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. If required by law, Seller shall also provide Buyer with a properly executed groundwater hazard statement showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the Property unless disclosed here: 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by special 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. 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. 13. REMEDIES OF THE PARTIES. A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. 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. A. 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. 2 Page 459 of 521 14. 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. 15. 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. 16. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 17. FOREIGN PERSON STATUS (FIRPTA, Foreign Investment in Real Property Tax Act). Seller represents that it is not a foreign person as defined in Internal Revenue Code § 1445 and any related regulations. At closing, Buyer will have no duty to collect withholding taxes for Seller pursuant to FIRPTA. 18. ADDITIONAL PROVISIONS. (a) 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. (b) Buyer and Seller are parties to a certain development agreement with respect to the Property and agree that Buyer's purchase and use of the Property shall be subject to the terms and conditions of said agreement. 19. ENTIRE AGREEMENT. Except as stated in paragraph 18(b), 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. 20. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. Dated Accepted by Seller on SELLER BUYER City of Waterloo, Iowa PWM Companies, LLC (or assignee identified below) By: By: Mayor Title: Attest: Assignee: City Clerk 3 Page 460 of 521 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 October 16, 2023 AGENDA ITEM TITLE Sale and conveyance of city -owned property to Steven and Yvonne Smith, in the amount of $5,000.00, with a Development Agreement and Development Grant of $5,000.00, located south of 437 Norris Court, for the construction of a new single-family home. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Steven and Yvonne Smith have plans to construct a new house on land that was acquired through the Interstate Substitution Program and staff went through the 306.23 of the State Code of Iowa to properly dispose of the parcel. NEIGHBORHOOD IMPACT The lot is zoned "R-2" One and Two Family Residence District and the new house would be in character with other single-family dwellings in the area. DATA, ANALYSIS, AND STRATEGIES The lot in question is approximately 0.16 acres in size and meets zoning requirements for a single family home. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION The project is located within a residential district. The sale of the property will need to have a public hearing therefore public notice is required. COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES $5,000 from Nuisance Abatement bonds. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 461 of 521 Lot 15, Hickory Court, City of Waterloo, Black Hawk County, Iowa, subject to the retention of an easement for drainage and public utilities on the North 8 feet of Lot 15 of Hickory Court Addition, and subject to the retention of an easement for access and maintenance of the sound wall on the North 25 feet of Lot 15 of Hickory Court Addition. ATTACHMENTS 1. Smith Infill Agreement 2. Maynard and Greenhill - Vacate row - Aerial Map Page 462 of 521 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 Nu 9 us 3 i s2023 by and between Steven and Yvonne Smith, husband and wife (the "Developer") and the City of Waterloo, Iowa (the "City"). RECITALS A. City is the owner of real property identified as parcel no. 8913-21-152-019, legally described as set forth on Exhibit "A" attached hereto (the "Property"). Developer desires to undertake a project on the Property and is willing and able to finance and construct a single-family dwelling and related improvements thereon. B. City considers infill housing development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives 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 require- ments 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 Developer in its as -is condition for the sum of $5,000.00 (the "Purchase Price"). 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 Developer's purposes. Developer is responsible to conduct Page 463 of 521 its own due diligence and inspections. City shall have no duty to convey title to Developer until Developer 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. Developer shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Developer 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 Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement without further obligation and return the abstract of title to City. 2. Improvements. Developer shall construct at its own expense on the Property one (1) single-family home of no less than 1,500 square feet, with garage, as further described and depicted in Exhibit "B" attached hereto. The Improvements shall be completed to a finished state, including installation of paved driveway, sidewalk, removal of all construction debris, proper leveling or shaping of groundscape and grassing and/or landscaping (construction and finishing as so described are referred to as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Developer shall submit specific building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to be undertaken and completed by Developer under 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. Developer 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. Developer agrees that the scope and scale of the Improvements to be constructed shall not be significantly Tess 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, Developer 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 2 Page 464 of 521 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, Developer shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Developer of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Developer'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 Developer 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 Developer 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 Developer'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 Developer and that without said commitment City would not do so. A. Deadlines to commence and complete. Developer must obtain a building permit and begin the work of rehabilitation and 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 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 3 Page 465 of 521 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 Developer does not begin or Substantially Complete construction of the Improvements on the schedule stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 14, and City shall then have no further obligation to Developer 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 Developer (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 14, City shall have no further obligations to Developer under this Agreement, including but not limited to any legal or equitable obligation to reimburse Developer for any costs expended by Developer with respect to the Project or to compensate Developer 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 Developer 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 Developer. Concurrently with delivery of the deed, Developer shall also deliver to City the abstract of title. Developer shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Developer 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 Developer's behalf and as its attorney -in -fact, the special warranty deed or other documents required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney -in -fact. Developer 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, Developer'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 Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 4 Page 466 of 521 6. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Developer 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 Developer's completion of the Improvements and of which Developer notifies City before Developer executes any such mortgage, Developer 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. Developer 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. Incentives. To aid in the Project, City will provide the following incentives: A. Infill Housing Grant. As provided in the City's infill housing policy, City will pay Developer a grant of $5,000.00 within sixty (60) days after the Improvements have been verified by City as Substantially Completed. B. Purchase Price Refund. City shall refund the Purchase Price in full to Developer within sixty (60) days after the Improvements have been verified by City as Substantially Completed. C. Partial Tax Exemption. Because the Property is located in a designated City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Developer meets all requirements to qualify for such exemption. 9. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows: A. Until the Improvements have been Substantially Completed, Developer 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 Developer with respect to construction of the Improvements. B. Developer 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 where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Developer. 5 Page 467 of 521 C. Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 10. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project thereon, 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 Developer under this Agreement. 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. Developer has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. B. This Agreement has been duly and validly executed and delivered by Developer and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Developer 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. C. 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 any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. D. There are no actions, suits or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by 6 Page 468 of 521 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 Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. E. The financing commitments, which Developer will proceed with due diligence to obtain, to finance the construction of the Improvements will be sufficient to enable Developer to successfully complete construction of the Improvements as contemplated in this Agreement, subject to additional costs incurred due to Unavoidable Delays. 13. Indemnification and Releases. A. Developer hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Developer or its employees, contractors or agents, or any other person who may be about any of 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, Developer 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 Developer against the City to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Developer's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified part. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. 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: 7 Page 469 of 521 A. Failure by Developer to cause the construction of the Improvements on the Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Developer of any interest (either directly or indirectly) in the Improvements or this Agreement, without the prior written consent of City; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Developer (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 Developer 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 Developer, or part thereof, shall be appointed in any proceedings brought against Developer and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. E, Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certificate furnished by Developer 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, 15. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Developer 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 Developer 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 Developer before the date of termination or to recover ownership of the Property as set forth in this Agreement. 8 Page 470 of 521 B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer 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 Developer 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. 16. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer 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. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 17. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 18. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 19. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: 9 Page 471 of 521 (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 Developer, at 3905 Oak Park Circle, Waterloo, Iowa 50701. 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. 20. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 21. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 22. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 23. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 24. 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 10 Page 472 of 521 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. 25. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 26, Counterparts. This Agreement may be executed 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, taken together, shall constitute one and the same instrument. 27. 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. 28. 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 DEVE PER By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 11 Yvonne Smith Page 473 of 521 EXHIBIT "B" Legal Description of Property Lot 15, Hickory Court, City of Waterloo, Black Hawk County, Iowa. Page 474 of 521 EXHIBIT "B" Building Plans/Designs See attached. 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RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Request by VI2, LLC for an Encroachment Agreement for a portion of West San Marnan Drive right- of-way located in the "C-1, C-Z" Conditional Zoning District to allow for the installation of a parking lot south of 1039 Peoples Square. Request by VI2, LLC for an Encroachment Agreement for a portion of San Marnan Drive right-of-way to allow for a portion of a parking lot and private sewer line within City right-of-way. The site is zoned "C-1, C-Z" Conditional Zoning District and has been zoned as such since the adoption of the Zoning Ordinance 3770 on March 4, 1991. Neighboring land uses and zoning: North — Commercial, zoned "C-1"-C-Z" Conditional Zoning District. South — San Marnan Drive and Commercial, zoned "C-2, C-Z" Conditional Zoning District. East — Kimball Avenue, Commercial and Residential, zoned "C-1" Commercial District, and "R-3" Multiple Residence District. West — Commercial and Residential, zoned "R-4" Multiple Residence District and "C-1" Commercial District. NEIGHBORHOOD IMPACT The request for an Encroachment Agreement will not have a negative impact on the surrounding neighborhood.The request for an Encroachment Agreement would not appear to have a negative impact on vehicular traffic in the area as the Encroachment Area is not needed as a City right-of-way. There are no sidewalks along Kimball Avenue or San Marnin Drive in this area; however, when Kimball Avenue was reconstructed several years ago, it was determined to be infeasible to put sidewalks in this section. DATA, ANALYSIS, AND STRATEGIES Page 483 of 521 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION THIS PLAT REPRESENTS A SURVEY OF PARCEL "S" That part of the Southeast Quarter (SE 1/4) in Section No. 4, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Lot No. 2 in "Kaspend Addition" to the City of Waterloo, also being the Southwest corner of Parcel "A" per Plat of Survey recorded in #2006 28544 dated 05/21/2001 in the Office of the Black Hawk County Recorder, point being a set'/2" rebar with license #23212; thence along the South line of said Lot No. 2 South 88°283/4' East a distance of 118.1 feet to the West corner of Parcel "Q", point being a set'/2" rebar with license #23212; thence along the Southerly line of said Parcel "Q" South 87°22' East a distance of 83.65 feet to a Southerly corner of said Parcel "Q", point being a set'/2" rebar with license #23212; thence North 88°571/4' West a distance of 165.5 feet to a set 1/2" rebar with license #23212 thence North 83°45' West a distance of 36.4 feet to the point of beginning. Containing 370 sq. ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Lot No. 2 is assumed to bear South 88°283/4' East for this description. ATTACHMENTS 1. Council Packet Page 484 of 521 October 16, 2023 REQUEST: APPLICANT(S): 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: BUFFERS REQUIRED/ NEEDED: DRAINAGE: Request by V12, LLC for an Encroachment Agreement for a portion of West San Marnan Drive right-of-way located in the "C-1, C-Z" Conditional Zoning District to allow for the installation of a parking lot and private sewer line at south of 1039 Peoples Square. V12, LLC, 5140 South Fork Lane, Waterloo, IA 50701 Request by V12, LLC for an Encroachment Agreement for a portion of San Marnan Drive right-of-way to allow for a portion of a parking lot and private sewer line within City right-of-way. The request for an Encroachment Agreement will not have a negative impact on the surrounding neighborhood. The request for an Encroachment Agreement would not appear to have a negative impact on vehicular traffic in the area as the Encroachment Area is not needed as a City right- of-way. There are no sidewalks along Kimball Avenue or San Marnin Drive in this area; however, when Kimball Avenue was reconstructed several years ago, it was determined to be infeasible to put sidewalks in this section. The nearest trail is the Fisher Drive trail, located 0.914 miles to the southwest. Sidewalks are located along Brookeridge Drive one block to the north and along Kimball Avenue north of Brookerridge Drive and Pheasant Lane one block west. The site is zoned "C-1, C-Z" Conditional Zoning District and has been zoned as such since the adoption of the Zoning Ordinance 3770 on March 4, 1991. Neighboring land uses and zoning: North — Commercial, zoned "C-1"-C-Z" Conditional Zoning District. South — San Marnan Drive and Commercial, zoned "C-2, C- Z" Conditional Zoning District. East — Kimball Avenue, Commercial and Residential, zoned "C-1" Commercial District, and "R-3" Multiple Residence District. West — Commercial and Residential, zoned "R-4" Multiple Residence District and "C-1" Commercial District. The request would not require any buffering by ordinance standards. The proposed Encroachment Area would not appear to have Encroachment Agreement- Peoples Square Page 1 of 5 Page 485 of 521 October 16, 2023 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND -USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: a negative impact on drainage. Commercial properties were developed between 1974 and 2022. This area is not located in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0303F. Lou Henry Elementary is located 0.482 miles to the northwest, Hoover Middle School is located 0.5 miles to the northwest, and West High School is located 0.89 miles to the northeast. There is an 8" sanitary sewer line in San Marnan Drive, a 36" storm sewer that is in a 20' easement that goes diagonally across the northern portion of the property, and two 58" and 36" storm sewer that starts near the encroachment area at the corner of San Marnan Drive and Kimball Avenue and heads east. There is overhead electric on the west side of Kimball Avenue. The Future Land Use Map designates the area as Commercial, and this request would be in compliance with the Future Land Use Map and Comprehensive Plan. The applicants are requesting an Encroachment Agreement for a section of the City right-of-way of San Marnan Drive west of Kimball Avenue to allow for a parking lot and private sewer line. The applicant worked with the engineering department to determine how much right-of-way the city can have an encroachment area and maintain existing utilities. There are no sidewalks on either street, and it does not appear that sidewalks will be practical in the area. Site lines and utility access will be maintained, including the overhead electrical lines. Easements will be retained for the sewer line to the north and the overhead electric lines that run along Kimball Avenue. The Complete Streets Advisory Committee discussed the possibility of requiring sidewalks to be installed along Kimball Avenue but did not make a recommendation. The applicant previously applied for an Encroachment Agreement on a separate portion of City right-of-way at the corner of San Marnan Drive and Kimball Avenue. They were approved by the Planning and Zoning Commission on April 12, 2022 and City Council on May 16, 2022. The applicant is now requesting a new encroachment agreement to install a parking lot and maintain an existing private sewer line within City right-of-way. The sewer line is currently public, but it only Encroachment Agreement- Peoples Square Page 2 of 5 2 Page 486 of 521 October 16, 2023 serves the applicants' development, and the sewer will be abandoned as a public utility and moving forward will be maintained by the applicant as a private sewer line. The Planning and Zoning Commission unanimously approved the request at their regular meeting on July 11, 2023. Picture 1: Looking west along San Marnan Drive at the vacate area. Encroachment Agreement- Peoples Square Page 3 of 5 3 Page 487 of 521 October 16, 2023 Picture 2: Looking north along Kimball Avenue at the vacate area. FE Picture 3: Looking at the building site. Encroachment Agreement- Peoples Square Page 4 of 5 4 Page 488 of 521 October 16, 2023 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Picture 4: Looking at building site and along Kimball Avenue. The applicant is not looking to subdivide the property. Therefore, staff recommends the request by VI2, LLC for an Encroachment Agreement for a portion of West San Marnan Drive right-of-way located in the "C-1, C-Z" Conditional Zoning District to allow for the installation of a parking lot and private sewer line south of 1039 Peoples Square 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 on vehicular or pedestrian traffic in the area. 3. The area is not needed for right-of-way. Subject to the following conditions: 1. That a fully signed and executed encroachment agreement be provided. Encroachment Agreement- Peoples Square Page 5 of 5 5 Page 489 of 521 City of Waterloo City Council October 16, 2023 1039 Peoples Square Encroachment Agreement VIZ, LLC 6 f ogc4`�flofF21 City of Waterloo City Council October 16, 2023 `PAULINE PL /Rp MIDL C0 z O OTHIAN BLVD R-1 jr z ATIONA DR gU Iy 0 ur CL a CL lwU CRESTVIEW HILLTOP RD R-1 MEADOW LN 0 z HAEL w N ST 0 CL 1- rn �A-1 Q. PRAIRIE MEADOW 1 R-P y CT' EXCELSIOR 1 43 R-4,R-P B-P LN WILSHIRE AVE a,\LENCOE AVE m 2TWOOD AVE HILLTOP RD 0 x = RP cc W HAEL cc 0 CC 2 ST re O 0 0 YMORGAN RD N R-2 ACADIA ST LIFESTYLE LN * R-3 0 EASLEY LOCKE AVE yLORETTA AVE B WISNER DR 1- 3 LOCKE AVE LORETAAVE 5 WISNER DR RIDGEWAY \VE R-4 a U 3Zww J iQ PARK L HAINES AVE ARRYINGTON DR R-3 J R-2 OLYMPIC DR w W. SAN MARNAN DR 0 C-P 0 OWER PAK DR C_P R-4 WINN ST Z z W a E. RIDGEWAYAV w R-4, R-4 S-1 r RAPIDS L�SU I Fn0F MOVE 0iR r 2 EDGEMONT AVE R;4 ctsr * C-1Z C-1 0. 1— Z � wlc R-40 z P�6 3k es/ BUR BqN y R-2 a -rq� gyp. Q z F_ „OAP 0I y R-3 GG g = R-4 R-4 / UTHBROOK C-1 C!C—Z N MARNAN ACCESS ��- BURB AV NK LINDNER DR LEONAAVE o R I" R D = Q P z• �gPR 2, —Z Q COLUMBUS DR FR. BRUNKEN BLVD * R-4, RAVENWOOD RDri R=P� R-3 _ 0 U u PEARL Z O w Z - E SAN MARNAN DR O E. TOWER PARK vxi DR 0 w 0 0 ANDERSON DR w DR cc w R-2 WILDWOOD RD PAIGE o E. SAN M KIMBALLAVE A-1 cc SO YA DRf R-2 NAN DR M-1 1039 Peoples Square Encroahcment Agreement VIZ, LLC 7 Pnnr 4n1 of .ri71 HELLAND ENGINEERING & SURVEYING, LTD. P6I-6I. 'ON 1O3f OHd 133HS 31111 . JVf1OS S31d03d 6£OL, CO m m n r co et, O I?. mO 164:.44168: aa 1 Tm r 0 0 co ✓ n o Co DC C m 0 0 z 0 0 0 V J m Vco W m =(0 0) s cp L1 0 m 5, ems• N O. O N n 32 • mm SO = SD 8. 0 cD vim Q 3 a AVI wxacuc o p ? MF s LI ILI h. re m AYE $ �. N11.61 a YNI °nAiIu Ne +° 1 N° Ru:xLFh £ ri R°:r.NNL rr Hr �A ',SC Ci M . LYNNAL IA ix 2,1t19L _ KPLW [ cR1:MC A:Nre[°au F' +K Q . LNn ;NrRiw,u aR° ' Rn 1411 6Rox YR°:i(C't 02RLvh 4 PRo44[cr a 9LV4 ` 90010 Nut °R 900, urc. 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INDEX OF SHEETS TITLE SHEET LEGEND/INDEX OF REVISIONS GENERAL NOTES PARKING LOT SITE PLAN SITE PLAN OF RIGHT IN -RIGHT OUT INTERSECTION SITE PLAN OF DETENTION POND JOINTING DETAILS RIGHT IN -RIGHT OUT INTERSECTION JOINT DETAIL STORMWATER CALCULATIONS PLAN VIEW ADS UNDERGROUND STORMWATER STORAGE STORM SEWER INLET OPEN -SIDED AREA INTAKE (SW-513) STMH#1 & STMH#2 DETAILS SIGNAGE REMOVALS SUPPLEMENTAL SHEETS PROVIDED BY ADS DESCRIPTION 0 O CO 0 o IV 0 0 � 0 0 w 17010.102 0 0 o 0 0 i.>, c.> 0 0 o, o 6010.402 Z C m rn co 0�� (0 co a) CO - C7 CO CO DATE SILT FENCE FILTER BERM AND FILTER SOCK RAMPED MEDIAN NOSE MANHOLE BOXOUTS IN PCC PAVEMENT PCC CURB DETAILS JOINTS OPEN -SIDED AREA INTAKE I DOUBLE OPEN -THROAT CURB INTAKE, LARGE BOX RECTANGULAR STORM SEWER MANHOLE IDENTIFICATION W m 0 z CO a a u) -71 n a 0 Z m n rn 0 N O CO ti c-, CO CO SNV1d O&OH O8VONV1S 100 Page 492 of 521 HELLAND ENGINEERING & SURVEYING, LTD. 1 SNOISIA32I 10 X3INI/GN3931 .,321df1OS S31d03d 6£01-„ n 77 M M M M r O 0 0 0 a .a Q) g 8 6 A W N 4 i- O N SHEET NO. INDEX OF REVISIONS 05/01/2023 CORRECTED SPELLING AND ADDED INDEX OF REVISIONS CORRECTED GRADE ELEVATIONS AND ADDED RADIUS DIMENSIONS ADDED GRADES OF NEW DRIVE THRU EXIT SHADED PORTION OF KIMBALL AVENUE TO BE REMOVED AND REPLACED ADDED CONTOURS AT 100 YEAR EVENT AND 1 %<° MOVED LOCATION OF HANDHOLE AND ADDED PAVEMENT SHADING AND HATCHING CORRECTED NUMBERS ADDED STORM SEWER MANHOLE AT EXISTING 36°0 RCP STORM SEWER CHANGED STORM SEWER MANHOLE TO SW-513 AREA INTAKE ADDED STORM SEWER MANHOLE AT EXISTING 36'0 RCP STORM SEWER, CORRECTED SCALE ADDED PAVEMENT REMOVAL OF ENTIRE SITE DESCRIPTION r to m m z 0 CHANGED PAVEMENT REMOVAL OF KIMBALL AVENUE CHANGED PAVEMENT REMOVAL OF KIMBALL AVENUE N0I1d1213SJG £ZOZ1601g0 SNOISIA321 d0 XRONI 33211 ONIISIX3 i SNOOS 831111 33N3d XNI1NIVHO ONIISIX3 V3aV 1VAOW321 IN3W3AVd al01NO3 03SOd0Hd 3dIM Anon 310d H3M0d X m X X X X th X - CO Cf) i CO CO -I -I CO. 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0C>Z�rnoZ=O- 7am�• �z�-Ez• : 0ErZO0' - 0QrCnr Orn00-r1mmz20rrCm zCm -n�mm- >W ad�-io0C cn.i -In=m>cn DZ Cc-�G(- 0 rn =I x7 Q rCi'7 0 M- W o O It Z 25i. 8 m m --,cacnc0�> 0mcCcn WOm�0-tinm=aZm HI HPHH D 2) m N 7s 0' • r fm] • O co m r• rnn 00cn P mm-17�K=0-a -nccHr• '0=- narOO r cop_9m- zm-rrno3Cn C • d D Z -I -1 DG�wm-rr5a0 cis0=��7rnanamz - Icnm-� • z 0 m-a =dz0 a• C Cm CZrr 10OC 7Q 5 0 C O� m z-1> --150m --i 0 7 m -z-I mrr - CO .cn .ONI2333N19N3 O 2) - 4 0 2) Co n z 0 - r- l 73 co D w rn SJION 1V233N30 S31ON-IVH3N39 Page 495 of 521 'Cli 'ONIA3A2If1S'8 ONI833NION3 QN S3X0811VOI ONIISIX3 31V0013N 321dfOS Sd1d03d 6£01. s m -m-1 83M3S INd01S ONIISIX3 Y 0 0 m z (") CO --1 Cm oD X0 X> D_ mn C")= °> 75m �•X Zc *m o� �] N W T 0 0 �z m= o m m zz m�z (DC) E- (ryry m -1 c) ` /J j n 1 / / / r �T j, ! 1 ( r Co ...\\,...:1\..\\:-.:71-!--ill „.._ jC.)-12°..)::::-NI°:'.....4!------;(4:1 t_ --w KIMBALL AVENUE n •ecs . \ w 1 Page 496 of 521 Co 53) / ►BALL AVENUE Page 497 of 521 - �:� 1 Page 498 of 521 1 1 1 1 1 1 1 • • 15 Page 499 of 521 z 0 m m m O Po cn m Page 500 of 521 HELLAND ENGINEERING & SURVEYING, LTD. SNOL1V1n01V3 b31VMWN01S sip 6170'0=O .. dVnOs S31dO3d 6£OL I'o V 'ON 133H5 f ((09)(09)(17Z)) / 69Z-17 = O Q = Release rate = up to 11/" rainfall released over 24 hours WQv = [(1.25)(Rv)(A)]/12 = [(1.25)(0.794)(1.182]/12 = 0.098 acre-ft, 0.098(43560) = 4269 cu. ft. Rv = 0.05 + 0.009(I) = 0.05 + 0.009(82,7) = 0.794 I = % impervious area = 0.978/1.182 = 82,7% 1 IVANI V 2:1 u641, (See Spreadsheet Sheet M.02) = 8097 cu. ft. W IOlS Je0A 001- 178'0 = (Z9I•' 6)1((8L6'0)(96'0)+(b0Z'0)(E'0)) = 0 I////////////////////i c = ((0.3)(Pervious Area)+(0.95)(Impervious Area))/(Total Area) 1NDIOLd HOO ❑RSOdOHd fix} i7l0 .Z1 1 <0 0m Cp D D O OD D 0 1 (D 0 17 Page 501 of 521 HELLAND ENGINEERING & SURVEYING, LTD, I SNOI1V1f101VO 2i3IVMINNO1S El 1 N • r•�N i r 1 r 1 i 1 11 `r-rs,1 l/i�—F 1,1iii,al' 1 aiirr:,m ail TT,,1N �'v P O Q O O O a,7 �" %1 11 . u A �T C1 rR O M p 54 1 le N u • F. a -r m e 0 41 / i Gf+T W ; O ' / O r+' ' rry ' 0 ' 00 02 0 li ' {p `D rot @ Ft P 0 I r C 1' 1 111 4Il11f i,liii't i ' 1 ill '�1I1�•I 111t 1111i P1 F?r� nr u o ea 4.0 Ojr.aoo° ¢ N. P o O o 0 0 0 0 0 040D0 o a �8 P a CO O � 1 / < ' ;� ill. y'xJ \ 1 h it 1 1 1 . io a / 1 �, o y O : 1 n 31 PIVOT E.'b:E r ti 1' 11 y, ' ° 1ya 8 01 ,t 0 Ii' 11 1^ i 1 8 Fr �x PP n C > s i ,. �. a .1 iir n, Wi • r OS p F."< i ! l i_ J n S _ t 0 '1. Cm w n. (D i \ mod S +r R v 1 m .p c-2 fp ii i„f a 31'ri1 ��j1�i 3 1 1 i{ :�, 11' i 1 1 1' 11 , r 1 1 1 ' 1 ' M g0 0 is o 1111 40 IN to lll�_' $ iJ1 cnocap' „,°amo o C7 0 0 z .38Vf1OS S31dO3d 6£0k ZOM 'ON 133HS aanapp EEEEEE C i CO C7 C7 CJ C7 ...a ..a ....a ..a .s aC 3 0 r� _ c bt]i31G7�d QC�CiiiC 0 v 3 CS44 -1 Nab Co U. �y y. '--p& Ca Ch V CO Cb OS p 5 O C) O c? Obc* ▪ cia ZS as is is is is Is Is is Is s .s Is CO CO W CO CO CO CO CO CO CO CO CO i Ca C6 aS tri ACri aaCANu -4 wy �` . r. _s L. L. L. L. FV NHS R1 h5 haNJ NNJ N3 h3 N3 NAY n)50cn.tT7, vwa CO � V Ca 57, ili C�jl Our �CO c sp�yy��N77A 4sCOCM CL m as 0 - N3 CD 4s CO s. OR -D. D t0 CO - ..:►..a .17 Nd ha h3 Nd 63 b4 Pia IM C 7-4 - � V COo N C'ti m m CO rn x mY ea 0 0 3 0 wit rn 0. 0 e33 0 m CO Cai N co ID 3- s A = loco posodoad Page 502 of 521 m r m z C) m m 0) m m r 0) O 33 73 ✓ N3A3 21V3A 00 .11.bs 6L`0 =V321V m 0 0 r m Cn (n 7nC1 m m I I O O (0.6 x4(2)(32.2)(82.60 - (80.95 + 0,25)) •j .bs L900'0 =V321V AREA= Qmax / (0.6 x4(2)(grayity)(depth) ) AREA= (0.048) / (0.6 x4(2)(32.2)(80.95 - 78.76)) Qmax = C X AREA xI(2)(gravity)(depth) AREA= Qmax / (0.6 xi(2)(gravity)(dep W21O±S 21V3A OOL ONIZIS 3dld Qmax = C x AREA x (2)(gravity)(depth) NIVd ONIZIS 3dld 0 3 0 0 0 © Total Volume of Pond = 551 + 628 + 314 + 29 = 1522 cu. ft. Volume of underground stormwater storage required = 4269 - 320 = 3844 cu. ft. Volume of pyramid between contour 79.50 and contour 80 = (80.00 - 79.50)(175)(1/3) = 29 cu. 0 a1 Volume of Pond = 291 + 29 = 320 cu. ft. Volume of pyramid between contour 79.50 and contour 80 = (80.00 - 79.50)(175)(1/3) = 29 cu. ft. CCC O 00 • c 333 CD CD CD CS CScr CD CD CD CD 2 g CD CD CD CD CD CD noC) O 0 0 .rt rwrt ci c C 00 CO -A N Q 0. • 0 O CO • L2 O N II II II -P.CJO CJ1 O O W N W { } �I01O C)1 W 0 N II III. W3 • iv 0") co 01 0 c P Volume between Contour 80.95 and 80 = ((438 + 175)12))(0.95) = 291 Cu. ft. DD 0 (n 0)v O 0 C) c) O 0 - C3 0 0 s1 O CO O O O c0 O CT1 W cm at Q DDDD mmrn1 cD 0)04) O 000 C)0C)0 O 000 • 0 0 0 a .te" 0 wort 0 0 C C C C= O coN co co OOOG) 0000 41. co O Q CJ1WN� (n N CO 0) PP DETENTION POND VOLUME (1'47 RA[RI) DETENTION POND VOLUME (100 YEAR) Page 503 of 521 HELLAND ENGINEERING & SURVEYING, LTD, a m 0 z cra -1 0 ip 0 m O24Vf1OS STIdOed 6£01,, N b / / / / / GO m 7-< K Q z Cn —1 , , , ' ' D r- Cn m mCn co O C m � • • 7:1m m o� J -o Page 504 of 521 F-- 0.76(9n) Page 505 of 521 HELLAND ENGINEERING & SURVEYING, LTD. 1 STORM SEWER OUTLET STMH#1 MANHOLE (SW401) & STMH#2 MANHOLE (SW401) DETAILS ,,3i Vf1OS S3ldO3d 6£OL., m m a> N (X = HI, :31VOS) 0-0 NOI1.3]S m r �z Fri rrL;) © Z ca <mC mtfl (X = , L :3-1VOS) 8-8 NOI132S n C70 r= 0>O n �znim -10 C)0C) OzO r11,. z _ m Go- 0 00. I.9 : I IV3NIV2 ii O9'Z8 :11801S iV3A O0;. ZO'98 :30VHO 1121W ZO'98 :30V21J W2103 SONI211N3N11Sf1('OV 7 Page 506 of 521 HELLAND ENGINEERING & SURVEYING, LTD. 133HS 3JVN0IS ,,32JVnoS S31d03d 6£06. I 1-4 NJIS (6-48) dOlS,. 0) 0 1• NOIS (L-172:1) ,,1HE Id d33N1„ NE!S (6-M) .401S. . 31N3 ION OQ,, z Ul 0) 0 Page 507 of 521 HELLAND ENGINEERING & SURVEYING, LTD. 1 S1VAOW3b 1N3W3AVd .38Vf1OS S3`IdO3d 6E0G.. • O��•'0 �.�0''�i.+��,•��i�'�•�O'�i♦•�►'i•�0.'a''�i'�•i�i�`►•i�: �•���i•�0'•i��•,'0.'+•���i•�•'O� �''''�• •••�p��'�O�►�,.p� �•O�•��D+�►;Op•�ipiPC+i'i. � p�p.+'���.�.•����i+.�i♦0.�►,.0;�'�+���►,e• 24 Page 508 of 521 -3N!'SOV £ZOZ® CHAMBERS AND END CAPS SHALL BE PRODUCED AT AN ISO 9001 CERTIFIED MANUFACTURING FACILITY . CONTACT STORMTECH AT 1-888-892-2694 WITH ANY QUESTIONS ON INSTALLATION REQUIREMENTS OR WEIGHT LIMITS FOR CONSTRUCTION EQUIPMENT. Ctt A N • • rror . . • Om X�yA �zDm mD Dn Os�Y X S Om T T m= m z o= 0 CD O m C O y iCil RA-1-1 C= M m 1 m O m mm,-1p(nin�,j m09zzz��m m3mw >qrrn c p� (�!) Kw �m -im/1q=�h�m miFz^;C�ZZ 70Cm2 n�➢C o g22 2C7r°j0C7o-ON -D_I-4m mr-?T yA�� CZ3Z��(n �> ��ozccm = hZD= p Z�� m-i-1W cmmoo �-I 0 33 (nifimI.IW�D�m�� cOomm.tn�2�D Z�zmpapm� om > =O�mm�=� GmJ� C �z Q10 Ocmrs mr0CCD20 Z > r 4 n r�;mCD8mm Qzi7� m vE "<D+O i'Fzom�j hrn 0 cmim co CmmZCr=S� OC 0 ` 2Z rim m�mm U'C� 2 mom DDmn� ZrD O 00 h-�0 2DC�-� mp om A m cs �-i Age ��-� z mD pzc Viz„= mm zO - �Oc�mzz��o mr�OmO C I° �ccm mMoz �o a� 0 GcOn=yhi➢� O-�m -�j pMrQ m=-I� bZ W rn z D Z p r, Z G Z n 0 m n n=° D rn z= m m e ,..11z ��'`m°mmDm 01�h °� zcn�c cy°cn i� 0 xi- O�oTOsMm[gi�hA� pro m DD Dzr" N�xi Zc m m cr=2Zgmm mC=> b i n 00 ��m z (s m D m 0 -1 K ccnm� rnOp�tmn m➢m G7 U' Omiopo z2= 0 m z 0p07n-n-i-<I ) di _ oc z pc�m Cacci = n m0mJm>0 >z rn� > 11 m(n�r mac C °' n c �c�7m�� c� z -nZ D D hKD0 mD ° rn b m C7N'O©=co Km -co z nEct ° COZ�O wPo>mo Z Z ° mmrn{mom i� °n 2 A(�T > ) rn D Dcom D mZ r D OG� m m 0 = Imo _ ym0 2 r 2 m7p Cyr > m C OCO2 wOZ m 0 >OAp MO° n m no cp mz-i 0 i m3m0 2m-i m co Dip �O wNm 2i > pZ0° mDm ➢w ; o am mm w =Dm 60p(zn 2 0 > 0 -( xi m > c w� Z = m m o O a r 0 0 Iomz ,m mTi hG1 `n- C h--"icoK-71 0 2 T`riZ mm-1 Z 0 O zm Tm qAm W 0r*Fiz Z ZOz Z m z Om >41: m > -2iDn -iZA v ° m cn m Mm 0 C CO ca (!) 7➢ 0 0 23 1 z= �� �z0 z CO�0 ��� > rm v0 z O� 2P1 -i Gm) G}�rz z O O s M C= ➢ z z m h a m m m n r0 Nm rn-m O-i q �Kom 1MZ -4 - m O Om p m N m m 2 m� 0� ��� n z 1D m� (An Z z ooz± zm2 -� m m o - r -+ x = (n m m� Zc �p[nr D 0=n pOiDr * Z m m m (n r O a7 z Yw m�m r°s[€ O 7om > z C 0 m� m -4 CI) a > 00 Oco xi m o m� z m 0 0 p C W N Dom O Cam -I m>> rC ' r • m r- gICI N **zzccs mG)=7om0 m m•Opm nn_ -=i=oc0 Z T O r m m 0 F-C" Rc/373mm mz mm Om > �mr> Dm m Z2Po QOm Zm Z(nmm0 ci -1 h ;o - O Om -iw K W z co On 1DD-i wm n m < n- chi➢v Pm w h Om - CZ(D N p Z ❑m al co © - --4 0z z ma 0 cz = TIL PROPER FILL DEPTHS ARE REACHED IN ACCORDANCE STORMTECH SC-740 CHAMBERS SHALL BE INSTALLED IN ACCORDANCE WITH THE "STORMTECH SC-310/SC-740/DC-780 CONSTRUCTION GUIDE". 1N�Wdifib N0113f J1SNO3 JOB SBlON co> m-+ -i0 z2 o m o m Km mo >0 -1 Kz 0 O a om cn mm zm c mrn m 00 0 co mm z K X -< m� 0 - O K x Z z� 0 m crn z =+ zm h mC CO � C C m Z _ 73 O X m n 0 0 z z - a O m z m O 1 r m m D 73 ni 2 0 o n -1 -0 7J h O m m - m = C) rn = (n m C co m c rn ° m m m 5 z EMBEDMENT STONE SURROUNDING CHAMBERS MUST BE A CLEAN, CRUSHED, ANGULAR STONE 3/4-2" (20-50 mm). MAINTAIN MINIMUM - 6" (150 mm) SPACING BETWEEN THE CHAMBER ROWS. US JOINTS BETWEEN CHAMBERS SHALL BE PROPERLY SEATED PRIOR TO PLACING STONE. THE FOUNDATION STONE SHALL BE LEVELED AND COMPACTED PRIOR TO PLACING CHAMBERS. w0 • • • � 2 0D WW{D W >D-+-4m C)0Orn7] 7S7zh(o rrzmm owi00 0*,Zn rnO,m 0m-D1W D mwwwh ,F00, m C m T r COhm- -4za= omo➢ Z X W m ° ZC� N §m 0 n0O 0 z 0_ 0 m D KO oz o m O 0 co m o >0 CO 0 Z p m 00 m cn c s c m 0 0 0 co STORMTECH SC-740 CHAMBERS SHALL BE INSTALLED IN ACCORDANCE WITH THE "STORMTECH SC-3101SC-7401DC-780 CONSTRUCTION GUIDE". CHAMBERS SHALL BE STORMTECH SC-740. m o 673 zm CDh 0n o a zh mOM =goo - 0 22 D 2 r mz z0 nm r z m m 7:� C 0 73 rn O 0 SNOLLV3IdI3adS IG8WVH3 H3 1tN O1S 0tL-OS 0) 25 Page 509 of 521 Qm -mi 0 O C0m m -I Zocm==p0 m Oo>zcnmmm 0.• cok-owz-1TI -n 1-0r= 100 M-< Ko2IC3 0 (r, m.� rn w .m..l ''G7m0m 0 mjZ-nZ r-ro0 1m 'gz>W -I 0 m0P1m 70 F Mz 00 C > m Zm -♦ 0 wA Om M o m mC Z_ Z O cn� Mm CC7 0, 00 ( Q 0<_ m-cC co mm 0 mO rrn co -(0 -Ci a -10 T Z �O KM 0 00 mz 00 eA m O D m z --D Z m 0') 000 m m z TT (2M co 0 z -Tr n z mr o ""TI 0 W rmn n = mco mm m z >m ZZ 0 CO -I-< OZ cO> 00 Zo m m Zwrnm to O j4ci 0 F (n-1 zia z (n _00 ON r Om ZO ro W zZ roK 00 OD Z1 O m ---:--12- z < (n zmm -cm 0 0 z Oc �C.1) 0 m mm DN -o m m-i coz co Q 2° 1rom zc z 1 02 00 m > > (n Z m W TW m0 c z >m mm TO n O -1 m m0 m C 0 m 0 to m Um7 m -CI -10 0 mcc 0 Z m 05 0 CO m 0 O r X Q m -DC C m ZZ r -I m m CoDz N > D 0 -X 0 Z 0 mm 4 CO z mK O m 0 X m Z m - c� > Z = X T m SCcorn55 CrTi z -0m 0 0 z 0 0 Y2 m m > > =H 1 m z rn Z 0 > M z T 0 r 0 00 C 00 r 00 m� 0 Z m N CO Ilk C. CA mCO A W 0 U Z >om mrTi mrn z o m rr z—I0 0zzrmn CmS. moz0 0©cC VOm -n -n cn Z m O 0 co O Z m co m Q Z m co co 1 0 m 0 1 m 0 0 0 m z 0 T O 70 m 0 m 9 0 0 D W m rn 1fl0AV1 a3SOdO Id 0 ro K D Z 0 0 C m 0 -O 0 rn O 0 0 n W m 0 T 0 -n co 0 z m CO CO .A .P W W v Oo CO m 00 N A A N (71 W CP NCO CO CO Ja CO CO w W 1a N z W m O Z -D O 0 0 0 m in 1 C C m 0 0 z 0 m 0, .i1 C 0 0 rn rn D z 0 r 0 O -n T T m T D aD 3 m O m N m Z 0 0 > ro adA.1.fllVd 0 m 0 W D 11V130 338 Wti 0 m Z 00 m z Q z m m 0 C 0 m co 0 1 m X 0 0 (n 0 m rn Z m z 0 Z m m ro 0 0 m 0 1 m to N 0 0 D z T 0 0 t07 co a X N 0 0 b Z O 0 D 0) Z N 0 N O z OD ZQ 0 zm Cm A m mm o O 1m O 0 -0m -0 N (/7 Z X 0 00 n 2 ,I 0 m 0 m N_ ro 0 T D0 0 0 NOI1dIH3S30 N 0 0 0 0 z m 1 Cn ? V � 0 0 T m co (I) z0 *INVERT ABOVE BASE OF CHAMBER N 0 -n 1 m m 1 /4640 • 1 00-733 3 07430 fiD 0 10 20 StormTech® Chamber System 1039 PEOPLES SQAURE WATERLOO, IA, USA DATE; DRAWN: MV 888-892-2694 WWW.STORMTECH.COM DATE DRW CHK DESCRIPTION PROJECT #: CHECKED: NIA THIS DRAWING HAS BEEN PREPARED BASED ON INFORMATION PROVIDED TO ADS UNDER THE DIRECTION OF THE SITE DESIGN ENGINEER OR OTHER PROJECT REPRESENTATIVE. THE SITE DESIGN ENGINEER SHALL REVIEW THIS DRAWING PRIOR TO CONSTRUCTION.} gTHE ULTIMATE RESPONSIBILITY OF THE SITE DESIGN ENGINEER TO ENSURE THAT THE PRODUCTS) DEPICTED AND ALL ASSOCIATED DETAILS MEET ALL APPLICABLE LAWS, REGULATIONS, AND PROJECT REQUIREMENTS. L Page 510 of 521 oz k X% $ f \/ ) §/( qk Q Z- § / § / 4 73 E 0 m k # a z > 1 • � -Io • -oƒ m o CO m I 0 m/ 0 m 0 . K £ \ §- \ Z \ § Q m 2 m 2 xa D 00 7 $ 2 -1 m % i 2 1 0 m ACCEPTABLE FILL MATERIALS: STORMTECH SC-740 CHAMBER SYSTEMS > CO 0 0 MATERIAL LOCATION FOUNDATION STONE: FILL BELOW CHAMBERS FROM THE SUBGRADE UP TO THE FOOT (BOTTOM) OF THE CHAMBER. EMBEDMENT STONE: FILL SURROUNDING THE CHAMBERS FROM THE FOUNDATION STONE ('A' LAYER) TO THE 'C' LAYER ABOVE. INITIAL FILL: FILL MATERIAL FOR LAYER 'C' STARTS FROM THE TOP OF THE EMBEDMENT STONE ('8' LAYER) TO 18" (450 mm) ABOVE THE TOP OF THE CHAMBER. NOTE THAT PAVEMENT SUBBASE MAY BE A PART OF THE 'C' LAYER. FINAL FILL: FILL MATERIAL FOR LAYER'D' STARTS FROM THE TOP OF THE 'C' LAYER TO THE BOTTOM OF FLEXIBLE PAVEMENT OR UNPAVED FINISHED GRADE ABOVE. NOTE THAT PAVEMENT SUBBASE MAY BE PART OF THE 'D' LAYER. CLEAN, CRUSHED, ANGULAR STONE CLEAN, CRUSHED, ANGULAR STONE GRANULAR WELL -GRADED SOILIAGGREGATE MIXTURES, <35% FINES OR PROCESSED AGGREGATE. MOST PAVEMENT SUBBASE MATERIALS CAN BE USED IN LIEU OF THIS LAYER. ANY SOIUROCK MATERIALS, NATIVE SOILS, OR PER ENGINEER'S PLANS. CHECK PLANS FOR PAVEMENT SUBGRADE REQUIREMENTS. DESCRIPTION AASHTO M431 3, 357, 4, 467, 5, 56, 57 AASHTO M43' 3, 357, 4, 467, 5, 56, 57 AASHTO M1451 A-1, A-2-4, A-3 OR AASHTO M43' 3, 357, 4, 467, 5, 56, 57, 6, 67, 68, 7, 78, 8, 89, 9, 10 i AASHTO MATERIAL CLASSIFICATIONS 10 N _ / e S_ \ K 2 _\e_ \ \ o e 4 m / °) 2 = (� ®- kk 00 m m xi ¥ /K 3m K 2 _ ƒ PLATE COMPACT OR ROLL TO ACHIEVE A FLAT SURFACE. 2,3 NO COMPACTION REQUIRED. BEGIN COMPACTIONS AFTER 12" (300 mm) OF MATERIAL OVER THE CHAMBERS IS REACHED. COMPACT ADDITIONAL LAYERS IN 6' (150 mm) MAX LIFTS TO A MIN. 95% PROCTOR DENSITY FOR WELL GRADED MATERIAL AND 95% RELATIVE DENSITY FOR PROCESSED AGGREGATE MATERIALS. ROLLER GROSS VEHICLE WEIGHT NOT TO EXCEED 12,000 lbs (53 kN). DYNAMIC FORCE NOT TO EXCEED 20,000 Ibs (89 kN). PREPARE PER SITE DESIGN ENGINEER'S PLANS. PAVED INSTALLATIONS MAY HAVE STRINGENT MATERIAL AND PREPARATION REQUIREMENTS. COMPACTION / DENSITY REQUIREMENT SHEET 3 OF 5 ; 4640 �N�V HILLIARD, ,o 43026 /I/ ,- 0-7 && StormTech° Chamber System a8apa2e4gWVVW.STORMTECH.COM \ 1039 PEOPLES WATERLOO, DATE: SOAU RE IA, USA DRAWN: MV PROJECT tt: CHECKED: N/A DATE\R CHK DESCRIPTION THIS _G HAS BEEN PREPAREDue saw RMATION PROVIDED_ADS UNDER _ DIRECTION OF THE SITE « ENGINEERa_ER PROJECT REPRESENTATIVE.ms _o « ENGINEERSHALL REVIEW THIS __;_as CONSTRUCTION. 21,THE ULTIMATE RESPONSIBILITY OF THE SITE DESIGN ENG_Rs ENSURE THAT THE _w !DEPICTED _mASSOCIATED DETET ALL APPLICALAWS, REGULA!_ PROJECT REQ_ME age b;; o CONDUCT JETTING AND VACTORING ANNUALLY OR WHEN INSPECTION SHOWS THAT MAINTENANCE IS NECESSARY. coz mCP y m 730 <-1 m C Om Q17) (n O m 0 Z m� -1 c n X 002 c Cm Z H A -< z rn 0 A X 00 =0 Am Fri� rm z Da OE z-1 m Z V m 0 0 z 2 m < n n m Q Z m O c 2 Z (n 0 0m 0 z O cn _ N 0 0 nZ CA CArn m 7Jm 0 m - 0 z - N = mn0 0 n � S 73 rn- v rnco 0 C Y 0 z 0 m Z 0 m cn CO - CO CO 4- INSPECT AND CLEAN BASINS AND MANHOLES UPSTREAM OF THE STORMTECH SYSTEM. REPLACE ALL COVERS, GRATES, FILTERS, AND LIDS; RECORD OBSERVATIONS AND ACTIONS. cn m • • rn-' CA Co Co W A>>>> • n CADm w iv.ninaiaiv� m A 2 z co 0m-•0 _ r- -a--I EOCCo 0�T)00>orn0000� mQo,51- Cm CC v 0m-n•I ,m›,mm,0 C1m;a0 Z*m�O.za z'ro0 r (n< ` "T r Hn13 (Z C 0 m r- .Z 0* O Z� Z Q v C O2c MOM KmMI-In-I Zmu' - rlG�ch AC Z AO_ZmZ(/)M HH pb°r nm O w❑C 405 co E C`C o,-ozom wx0m-I m mz—m oOA m o� z F rn m 2 mm OAX▪ C —- vim--m Trn+11nu. 02m0� 0w(nn2vp Omocm t -cOa c>>ai z vKvmm>=2o /0m0()co 00 zQm rn azwmC00-my -I-1 xmZ0 Mr-0 20v_n u,a ,ar- �cN oo r- vm ma mm0 -4> m00 ZMOzj -1-1T0� �0Z 9�2C�7 aZ-I 3 pzo=� omz 0 00(n0v nm❑ K a z n ram- co 0 E 0 X oom-- oz0 ° rn rZm -1a cnmH- cnr v -D <m mcz m w w rm' n_ m c Z m Om o •HZ 5z An rm r. O 0 213SWVHO H031V@dO1S IN3VV3AVd 1V11O0 31321ONO0 33NVN31NIVIN V NOI133dSNI mi • ] 1 � N _ o H.LaIM NIA (u z a 0) CI) C7 CI) 0 r 0 0 - 13 c 0) - 1 m _ r cr•-> (n m - rn0' N� C7 Z m X0 m co 0 n � A O v m m m NO C m ❑ .-oz in zr >m 200 zO mov pint- z>c a 2 c=� 0 c 0 -nmm Wcn iz X7 m C) O 0 C r - m • m m co• m m z dV0 ON3 OPL-OS m m xy -o 0 XmX --1 2 m Cmn Xmc Mmx COX =z D ozx mcn z-0 -1rnZ coco 21381NVH0 04L-OS 1210d NOLLO3dSNl 1VNOLLdO /1 00-73 a 7S ao2sD StormTech® Chamber System 888-892-2694 WWW.STORMTECH.COM H DATE DRW 1 CHK DESCRIPTION 1039 PEOPLES SQAURE WATERLOO, IA, USA DATE: DRAWN: MV PROJECT #: ,CHECKED: N/A THIS DRAWING HAS BEEN PREPARED BASED ON INFORMATION PROVIDED TO ADS UNDER THE DIRECTION OF THE SITE DESIGN ENGINEER OR OTHER PROJECT REPRESENTATIVE. THE SITE DESIGN ENGINEER SHALL REVIEW THIS DRAWING PRIOR TO CONSTRUCTION. FTjIaTHE ULTIMATE RESPONSIBILITY OF THE SITE DESIGN ENGINEER TO ENSURE THAT THE PRODUCT(S) DEPICTED AND ALL ASSOCIATED DETAILS MEET ALL APPLICABLE LAWS, REGULATIONS. AND PROJECT REQUIREMENTS. L o Page 512 of 521 NOTE: ALL DIMENSIONS ARE NOMINAL ➢ m a -1 p 0 0 m C r r=I co NU?C m m co >0 co �cnm ^. C n 7Jm *rn Cr)m S m N Om m m CoCO xi0 00 m o sa E3 O ©-I m N C Y co Z m 0 r 0 -D E m 0 r co mrn m *0 OD zm g1 N� 0g c0 :O i Z 0m 00 -I = E > xm ➢m a = O Z O m DO 0 = - .D > Z� 0-I CO 0 COm CDx 0 CD 7)_ <rn -1N and r ▪ 1 o Ds • '..( K m - m 3 XI 0 7C m SC740ECEZ` SC740EPE18B/SC740EPE18BPC SC740EPE18T / SC740EPE18TPC SC740EPE158/SC740EPE15BPC SC740EPE15T / SC740EPE15TPC SC740EPE12B / SC740EPE12BPC SC740EPE12T/SC740EPE12TPC SC740EPE10B/SC740EPE10BPC SC740EPE1OT/SC740EPE10TPC SC740EPEOBB/SC740EPE08BPC SC740EPEOBT/SC740EPEO8TPC SC740EPE06B1SC740EPEO6BPC SC740EPEO6T1SC740EPEO6TPC PART # a 0 3 ca 0 3 15" (375 mm) ni 0 3 o 0 3 m o 0 3 9 al 0 3 STUB 18.5" (470 mm) (D V [n o o 3 DJ . d 0 •.I 3 14.7" (373 mm) W .P C a O 3 N N j O 3 O 4i N -NI 3 > O ^-, N V 3 CD O N N O, 3 N {,-; .W., O 3 A Cis W O 0 3 O Cis CD 3 , W Cn A N 0 3 co C V^' 3 " Co 3 W w:W 3 N o; 3 o V c0 3 1 O O cn 3 : co (i2 3W, 81 ^ `ASSUMES 6" (152 mm) STONE ABOVE, BELOW, AND BETWEEN CHAMBERS IJ "fl "47 "0 I X rn Xmmm 0 > jri A > CD CO CO m CC Z CD CD co00° Zo Q0� ZO'i =10-nm y z m 0 A O>an "G m -4.0 C� Z rn z coca m zw,-i Q m 0z0X = G) 0] 0 to m N �R>m 1 C m x zt„x pox ✓ m omrn- m .. co r- O 0 O Z r G) W W � Cwf N a N o 3 vz 0 rn rn 3 3 NW O 3 p0 G C mm E r m ✓ m 000 0 C A 0 co Z m m aN3 .LilHlS HION311Vf LOV (ww 40£Z) ,.L'06 NOI10810 SIHI NI MOa al1f18 H10N31 0311V1SNl (ww 692) "17'98 ---- L NO11V3IIIO3dS 1V3INH031 O17L-3S //4640 TRUEMAN DS 1 00 73D, OH3430 6BLVD StormTech® Chamber System 888-892-2694 WWW.STORMTECHH.COM 1 DATE I DRW I CHK DESCRIPTION 1039 PEOPLES SQAURE WATERLOO, IA, USA DATE: [DRAWN: MV PROJECT#: I CHECKED: NIA THIS DRAWING HAS BEEN PREPARED BASED ON INFORMATION PROVIDED TO ADS UNDER THE DIRECTION OF THE SITE DESIGN ENGINEER OR OTHER PROJECT REPRESENTATIVE. THE SITE DESIGN ENGINEER SHALL REVIEW THIS DRAWING PRIOR TO CONSTRUCTION. 2i9FHE ULTIMATE RESPONSIBILITY OF THE SITE DESIGN ENGINEER TO ENSURE THAT THE PRODUCT(S) DEPICTED AND ALL ASSOCIATED DETAILS MEET ALL APPLICABLE LAWS, REGULATIONS, AND PROJECT REQUIREMENTS. LL rage 51 of 511 INDEX LEGEND General Description: Surveyor: Surveying Company/ Return to: Survey Requested By: Proprietor: Sec. 4-T88N-R13W, SE 1/4 Kyle J. Helland Helland Engineering & Surveying, Ltd. 6109 Chancellor Drive Cedar Falls, Iowa 50613-6916 319-266-0161 Randy Vandersee City of Waterloo 0) 0 Reserved for County Rec SEE SHEET 2 FOR DESCRIPTION OF PARCEL "S" SEE SHEET 2 FOR LOCATION MAP FOUND NO REBAR w/YPC #7811 TRACT "C" "GRANER'S SECOND ADDITION" c' ) LO N 00 (259.45) (N 89°34'55" E 259.49) N 89°35' E 259.6' LOT 2 "KASPEND ADDITION" PARCEL 'A" WATERLOO PLAT OF SURVEY #2006 28544 DATED 05/21/2001 PARCEL "S" 370 SQ. FT. S 88°28%' E 118.1' N 83°45' W 36.4' SE 1/4 This Plat or Subdivision has been reviewed by (City/County). Signature of (City/County) Date Ordinance Administrator r FOUND NO. 4 REBAR w/YPC #8033 ACQUISITION PLAT DATED 09/09/2014 I FILE 2015-00004972 ADDRESS: 1039 PEOPLES SQUARE / WATERLOO, IOWA 50702 25' BLDG. LINE (PLATTED) PARCEL "Q" 8' UTILITY EASEMENT (PLATTED) N 88°571/4' W 165.5' SEC. 4-T88N-R13W W. SAN MARNAN DRIVE (R.O.W. VARIES) THIS SURVEY MEETS/OR EXCEEDS CURRENT "MINIMUM STANDARDS FOR PROPERTY SURVEYS" (4m_ o 0000000000 oG ,L KYLE J. u- HELLAND o m o�0 23212 o. /OW P HELLAND ENGINEERING & SURVEYING, LTD 6109 Chancellor Drive Cedar Falls, Iowa 50613-6916 (319)-266-0161 XSHEETIOF2 I hereby certify that this land 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 Professional Land Surveyor under the laws of the State of Iowa. Kyle J. Helland License Number 23212 My license renewal date is December 31, 2023. All pages or sheets are covered by this seal except: / co NSA CO co PARCEL "R" S 87°22' E 83.65' MONUMENTS TO BE SET AFTER COMPLETION OF IMPROVEMENTS (TYPICAL) (BEARINGS ARE ASSUMED) 0' 25' 50' • SET NO. 4 REBAR X 24" LONG w/ORANGE PLASTIC CAP #2 (00)RECORDED AS FILE NAME: 19-114-AQUISITION-B.D SCALE: 1" = 50' PROJECT #19-114 DRAWN BY: OPCPLASTIC CAP (O=ORANGE, R=RED, Y=YELLOW) PLAT OF SURVEY OF PART OF SE 1/4 SEC. 4-T88N-R13W WATERLOO, BLACK HAWK COUNTY, IOWA FOR CITY OF WATERLOO 100' 3212 WG JPH Page 514 of 521 THIS PLAT REPRESENTS A SURVEY OF PARCEL "S" That part of the Southeast Quarter (SE 1/4) in Section No. 4, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Lot No. 2 in "Kaspend Addition" to the City of Waterloo, also being the Southwest corner of Parcel "A" per Plat of Survey recorded in #2006 28544 dated 05/21/2001 in the Office of the Black Hawk County Recorder, point being a set 1/2" rebar with license #23212; thence along the South line of said Lot No. 2 South 88°283/4 East a distance of 118.1 feet to the West corner of Parcel "Q", point being a set'/Z' rebar with license #23212; thence along the Southerly line of said Parcel "Q" South 87°22' East a distance of 83.65 feet to a Southerly corner of said Parcel "Q", point being a set 1/2" rebar with license #23212; thence North 88°571/4 West a distance of 165.5 feet to a set'/z' rebar with license #23212; thence North 83°45' West a distance of 36.4 feet to the point of beginning. Containing 370 sq. ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Lot No. 2 is assumed to bear South 88°283/4 East for this description. Parcel letter approved by County Auditor's Office Date of Survey: 03/25/2022 OT Q RNAN DR HIL TOP ME DO RAC AEL qC E; HILLTOP RD RLN HAINESDV z a w ST RR INGT DR RAC AEL CEiSIOR L ENCELSIOR LN . • "'III JOHNATHANST VE R ER00 DP TOWER PARK C PARCEL "S" HELLAND ENGINEERI 6109 Chancellor Drive Cedar Falls, Iowa 50613-6916 (319)-266-0161 NG & SURVEYING, LTD. • SET NO. 4 REBAR X 24" LONG w/ORANGE PLASTIC CAP #23212 (00)RECORDED AS FILE NAME: 19-114-AQUISITION-B2.DWG SCALE: N/A PROJECT#19-114 DRAWN BY: JPH SHEET 2 OF 2 OPCPLASTIC CAP (0=ORANGE, R=RED, Y=YELLOW) PLAT OF SURVEY OF PART OF SE 1/4 SEC. 4-T88N-R13W WATERLOO, BLACK HAWK COUNTY, IOWA FOR CITY OF WATERLOO l'I Page 515 of 521 ENCROACHMENT AGREEMENT Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 THIS ENCROACHMENT. AGREEMENT is entered into by and between VI2, LLC, hereinafter "VI2", and the City of Waterloo, Iowa, hereinafter "City" this day of WHEREAS, VI2 is the owner of real estate commonly known as 1039 People's Square, Waterloo, Iowa 50702 and legally described in attached Exhibit "A", in the City of Waterloo, Black Hawk County, Iowa, hereinafter "VI2 Property"; and WHEREAS, VI2 is proposing to build and maintain a parking lot on a portion of W San Marnan Drive City owned right-of-way, hereinafter "Encroachment" that will encroach into City right-of-way; and WHEREAS, for the benefit of VI2 Property, VI2 is requesting to allow said Encroachment within a portion of said City right -or -way along W San Marnan Drive as shown on the attached Exhibit "B"; and WHEREAS, the City is willing to allow said Encroachment into said City Right -of -Way as shown on attached Exhibit "B" (hereinafter the "Encroachment Area"), subject to the following agreement regarding each party's rights. THEREFOR IT IS HEARBY AGREED by and between the parties as follows. 2. VI2 hereby recognizes and reaffirms, said city right-of-way, and claims no rights or privileges therein except to the limited extent provided for in this agreement. The City grants VI2 the right to place and maintain said Encroachment in said Encroachment Area, subject to the rights of the City and/or any agency to which the City has granted a utility franchise to and for access over, under and upon said Encroachment Area, expressly recognizing and acknowledging that any damage that occurs to said Encroachment will be the sole risk and expense of VI2 and all successors or assigns, including moving or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise needs the Encroachment to be temporarily moved for access to said Encroachment Area, V12 and all successors or assign shall move said improvements in the Encroachment Area if present and able, otherwise the City of Waterloo and/or any agency to which the City has granted a utility franchise shall be authorized to move said Encroachment and assess any costs for moving against V12 or any successors or assigns, or against VI2 Property. 3. The tent of this agreement shall be for so long as said Encroachment is maintained by V12, or any successors or assigns, and said Encroachment continues to exist, and that this agreement shall automatically terminate if said Encroachment is removed (other than for temporary removal during replacement or repair). It is understood and agreed that this Agreement is appurtenant to the V12 Property and runs with the land. It is further understood and agreed that this agreement may be terminated by the City of Waterloo upon 60 days notice and order to permanently remove to VI2, or any successors and assigns, and that V12, and any successors and assigns agree to remove said Encroachment(s) prior to the end of the 60 days notice and termination of this agreement. If VI2, or any successors and assigns fail to remove said 32 Page 516 of 521 Encroachment upon termination of this agreement, VI2, or any successors and assigns authorize the City of Waterloo to remove said Encroachment and assess costs to V12, or any successors and assigns, or against VI2 Property. 4. VI2, and all successors and assigns shall protect, defend, indemnify, and hold harmless the City and its successors and assigns, and its officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise from any claim, damages, liability and expenses (including, but not limited to, reasonable attorney's fees and costs of litigation) arising out of the use, maintenance, or removal of said Encroachment. This covenant shall survive the termination of this Agreement. 5. This is the entire agreement between the parties with respect to the subject matter hereof. It may be amended only in a written instrument signed by the parties. This agreement is binding upon parties and their respective transferees, successors, heirs, and assigns. Time is of the essence in observing the teinis of this agreement. IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly authorized officers as of the date first set above. BI2 Propel -tip L C / Y y&., Its: h4— City of Waterloo: By: Quentin Hart Its: Mayor Attest: Kelly Felchle, City Clerk STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. On this ai[p day of Sepm°Flit r , 3 be/tore me, e e,.n the uersigned, a Notary Public in and for the State of Iowa, personally appeared �1to me known to be the identical persons named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. 454AtEMILY SELIGA o Commission Number 849716 *fO11V* My Commission Expires July 27, 2026 STATE OF IOWA COUNTY OF BLACK HAWK ) SS. Notary Publi This instrument was acknowledged before me on this day of May, 2022, by Quentin Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. Notary Public 33 Page 517 of 521 Exhibit "A" Lot 2, "Kaspend Addition, a Replat of tract C, Granger's Second Addition, City of Waterloo, Black Hawk County, Iowa, and a Part of vacated West San Marnan Drive and vacated Kimball Avenue in the City of Waterloo, Black Hawk County, Iowa, except Parcel A of Plat of Survey Doc. #2006-28544 and futher except that part conveyed to the City of Waterloo in Doc.#2015-06430. 34 Page 518 of 521 THIS PLAT REPRESENTS A SURVEY OF PARCEL "S" That part of the Southeast Quarter (SE 1/4) in Section No. 4, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of Lot No. 2 in "Kaspend Addition" to the City of Waterloo, also being the Southwest corner of Parcel "A" per Plat of Survey recorded in #2006 28544 dated 05/2112001 in the Office of the Black Hawk County Recorder, point being a set IA" rebar with license #23212; thence along the South line of said Lot No. 2 South 88°28W East a distance of 118.1 feet to the West corner of Parcel "Q", point being a set Y2" rebar with license #23212; thence along the Southerly line of said Parcel "Q" South 87°22' East a distance of 83.65 feet to a Southerly corner of said Parcel "Q", point being a set %" rebar with license #23212; thence North 88°571/' West a distance of 165.5 feet to a set 1/2' rebar with license #23212; thence North 83°45' West a distance of 36.4 feet to the point of beginning. Containing 370 sq. ft. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Lot No. 2 is assumed to bear South 88°283/4' East for this description. Parcel letter approved by County Auditor's Office Date of Survey: 03/25/2022 PARCEL "S" HELLAND ENGINEERING & SURVEYING, LTD. 6109 Chancellor Drive Cedar Falls, Iowa 50613-6916 (319)-266-0161 • SET NO, 4 REBAR X 24" LONG w/ORANGE PLASTIC CAP #23212 (OO)RECORDED AS FILE NAME: 19-114-AQUIS1TION-B2.DWG SCALE: N/A PROJECT#19-114 DRAWNBY: JPH SHEET 2 OF 2 OPCPLASTIC CAP (O=ORANGE, R=RED, Y=YELLOW) 4. dikilosiummenw PLAT OF SURVEY OF PART OFSE1/4 SEC. 4-T88N-R13W WATERLOO, BLACK HAWK COUNTY, IOWA FOR CITY OF WATERLOO 35 Page 519 of 521 INDEX LEGEND General Description: Surveyor: Surveying Company! Return to: Survey Requested By: Proprietor: Sec. 4-T88N-R13W, SE 114 Kyle J. Helfand Helfand Engineering & Surveying, Ltd. 6109 Chancellor Drive Cedar Falis, Iowa 50613-6916 319-266-0161 Randy Vandersee City of Waterloo r County Recorder's us -a v 11) SEE SHEET 2 FOR DESCRIPTION OF PARCEL "S" SEE SHEET 2 FOR LOCATION MAP (259.45) (NN 89°3489°35' E 25259.49) 6' This Plat or Subdivision has been reviewed by (City/County) Signature of (City/County) Ordinance Administrator FOUND NO.4 REBAR w1YPC #7811 TRACT "C" "GRANER'S SECOND ADDITION" (N 00°0023" W 253.50) P.O.B. PARCEL 'A" PLAT OF SURVEY #200528544 DATED 05/21/2001 LOT2 "KASPEND ADDITION" WATERLOO PARCEL "S" 370 SQ. FT. S 88°28%' E 118.1' N 83°45' W 36.4' SE 1/4 SEC. 4-T88N-R 13W FOUND NO. 4 REBAR wPYPC #8033 ACQUISITION PLAT DATED 09/09/2014 FILE2015-00004972 ADDRESS: 1039 PEOPLES SQUARE / WATERLOO, IOWA 50702 / 25' BLDG. LINE-7 (PLATTED) PARCEL "Q" / 8' UTILITY EASEMENT (PLATTED) N 88°571/4' W 165.5' W. SAN MARNAN DRIVE (R. O. W. VARIES) THIS SURVEY MEETS/OR EXCEEDS CURRENT "MINIMUM STANDARDS FOR PROPERTY SURVEYS" cos � a KYLE J. u HELLAND 0.� ° 23212 !OWN rn HELLAND ENGINEERING & SURVEYING, LTD. 6109 Chancellor Drive Cedar Falls, Iowa 50613-6916 (319)-266-0161 SHEET 1 OF 2 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duty licensed Professional Land Surveyor under the laws of the State of Iowa. Kyle J. Holland License Number 23212 My license renewal date is December 31, 2023. All pages or sheets are covered by this seal except: / Date Enm• ors 0-4 co tiff uJ 6n Er) CN o c © CD CZ) a CO PARCEL R" w wiz Qa S 87°22' E 83.65' MONUMENTS TO BE SET AFTER COMPLETION OF IMPROVEMENTS (TYPICAL) (BEARINGS ARE ASSUMED) 0' 25' 50' 100' • SET NO, 4 REBAR X 24" LONG w/ORANGE PLASTIC CAP #23212 (00')RECORDED AS FILE NAME: 19-114-AQUISITION-B.DWG SCALE: 1" = 50' PROJECT #19-114 DRAWN BY: JPH OPCPLASTIC CAP (0=ORANGE, R=RED, Y=YELLOW) PLAT OF SURVEY OF PART OF SE 114 SEC. 4-T88N-R13W WATERLOO, BLACK HAWK COUNTY, IOWA FOR CITY OF WATERLOO 36 Page 520 of 521 Appli City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ ffer to Vacate and Purchase City Right -of -Way Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant (Business Name if Applicable: Address: i0_5" Pcd< 1 �J�! fad Phone No.: 5 J9 /5 r" 7 Email: ran 1:1,$ General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: t (0 3 ci c)i) e rs S I. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — SevenFive Dollar ($75.00) Filing Fee • Encroachment — One Hundred Doll • Sale of city -owned property not required to be vacated -- No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: if the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. et re-- 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the r - i uest. V e Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements 37 Page 521 of 521