HomeMy WebLinkAboutCouncil Packet - 5/20/2024CITY OF
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IOWA
THE CITY COUNCIL OF WATERLOO, IOWA
REGULAR SESSION TO BE HELD AT
Harold E. Getty Council Chambers
Monday, May 20, 2024
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
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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, Ray Feuss, Ward 5 Council Member.
Approval of Agenda as proposed or amended.
Approval of Minutes of May 6, 2024, Regular Council Session as proposed or amended.
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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 Scott Whiteman, for a waiver for a concrete driveway,
located at 2014 Ashland Avenue, and authorizing the construction of a concrete driveway
and placing a driveway or sidewalk on the city right-of-way on an unimproved street.
3. Resolution approving the request of Dennis Payne for a waiver for a concrete driveway,
located at 145 Lovejoy Avenue, with the elimination of the sidewalk section due to inability
to meet grade requirements.
4. Resolution approving the request of Mirsad Sabic for a waiver for a concrete driveway,
located at 4048 E. Shaulis Road, with the elimination of the sidewalk section due to inability
to meet grade requirements.
5. Resolution approving the request of Irene Shriver for a waiver for an asphalt driveway,
located at 425 Sheridan Road, with the elimination of the sidewalk section due to inability to
meet grade requirements.
6. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as June 13, 2024, and date of public hearing as June 17, 2024, in conjunction
with the FY 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well Project, Contract
No. 1066, and instruct the City Clerk to publish notice.
7. Resolution setting date of public hearing as June 3, 2024, for the sale and conveyance of
city -owned property located at 1738 Flower Street, in the amount of $10,000.00, to Babic
Properties, LLC, including approval of a Development Agreement for the construction of an
8-plex apartment building, a grant of $5,000.00 per unit for a total grant of $40,000.00 for
infill housing development, and instruct the City Clerk to publish notice.
8. Resolution setting date of public hearing as June 3, 2024, for the sale and conveyance of
city -owned property located east of 127 Conger Street, in the amount of $1.00, to Perry and
Michelle M. Gamblin, including approval of a Development Agreement for construction of an
accessory structure, and instruct the City Clerk to publish notice.
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9. Resolution approving award of bid to Boulder Contracting, LLC, of Grundy Center, Iowa, in
the amount of $238,017.43, approving the contract, bonds, and certificate of insurance, in
conjunction with the FY 2025 Sidewalk Ramp and Trail Repair Program - Zone 4, Contract
No. 1106, and authorizing the Mayor and City Clerk to execute said documents.
10. Resolution approving award of bid to Boulder Contracting, LLC, of Grundy Center, Iowa, in
the amount of $94,060.66, approving the contract, bonds, and certificate of insurance, in
conjunction with the FY 2024 11th Street Railroad Crossing Repair Project, Contract No.
1107, and authorizing the Mayor and City Clerk to execute said documents.
11. Resolution approving award of bid to Boulder Contracting, LLC, of Grundy Center, Iowa, in
the amount of $53,939.44, approving the contract, bonds, and certificate of insurance, in
conjunction with the FY 2024 Rainbow Drive Railroad Crossing Repair Project, Contract No.
1108, and authorizing the Mayor and City Clerk to execute said documents.
12. Resolution in support of an application by The 415 Walnut Collective, for the Iowa
Workforce Housing Tax Credit Program application to the Iowa Economic Development
Authority, to construct three new market rate apartments within the Walnut Church, located
at 415 Walnut Street, including a grant of $15,000.00 as approved by city council by
Resolution No. 2023-047 on January 17, 2023.
13. Resolution in support of an application by The Martin Flats, LLC, for the Iowa Workforce
Housing Tax Credit Program application to the Iowa Economic Development Authority, to
construct two new market rate apartments on the upper level, located at 319 E. 4th Street,
including a grant of $199,000.00 for the overall redevelopment project and fifteen years of
rebates at 70 percent as approved by city council by resolution No. 2023-744 on November
20, 2023.
14. Resolution approving request to certify assessments for unpaid snow, weed mowing and lot
clean-ups, for payments dated January 1, 2023 - March 1, 2024, in the amount of
$10,110.03, for properties listed on attached exhibit "A".
15. Resolution approving cancellation of assessment for property located at 2306 Clearview
Street, in the amount of $230.67, and authorizing the City Clerk to notify Black Hawk
County Treasurer of said cancellation.
16. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - First
Offense with Byron Mart, 306 Byron Avenue, Waterloo, Iowa, and acceptance of a civil
penalty in the amount of $300.00, and authorizing the Mayor and City Clerk to execute said
document.
17. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation -
Second Offense with West Side Liquor, 919 W. 5th Street, Waterloo, Iowa 50702, and
acceptance of a civil penalty in the amount of $1,500.00, and authorizing the Mayor and
City Clerk to execute said document.
18. Resolution authorizing an exception to the City of Waterloo Purchasing Policy for
purchasing two Chevy Traverse vehicles, in the amount of $66,507.20, from Enterprise
Fleet Management, for the Police Department.
19. Motion to accept and place on file the arbitrage results reflecting that a yield reduction
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liability payment of $772.27 is due to the Internal Revenue Service for the General
Obligation Bonds Series 2019A.
20. Motion to accept and place on file the arbitrage results reflecting that a yield reduction
liability payment of $1,182.98 is due to the Internal Revenue Service for the General
Obligation Bonds Series 2020A.
21. Motion to approve Change Order No. 1 with Hawkeye Flat Roof Solutions, LLC, of Toledo,
Iowa, for a net increase of $12,500.00, in conjunction with City Hall Roof Repair, and
authorizing the Mayor and City Clerk to execute said document.
22. Motion to approve Change Order No. 04 with Peterson Contractors, Inc., of Reinbeck, Iowa,
for a net increase of $34,652.72, in conjunction with FY 2022 Park Avenue Bridge
Replacement Project, Contract No. 1013, DOT Contract No. BRM-CHBP-8155(771)--NB-
07, and authorizing the Mayor and City Clerk to execute said document.
23. Motion to approve a Fireworks Display Application by the Waterloo Bucks Ball Club for
home games beginning at 10:00 p.m. for approximately 10 minutes on May 28, June 8,
June 15, July 2, July 4, July 6, July 20 and August 3, 2024.
24. Motion to approve appointment of Indira Krusko, from the current civil service list, to the
position of Intake Specialist in the Community Development Department, effective May 22,
2024.
25. Chris FischeIs, Board/Commission: Design Review Board, Expiration Date: May 20, 2027,
New.
26. Communication from the Fire Department on notice of the conclusion of employment of
Michael McClelland, Firefighter, effective May 1, 2024, with recommendation of approval of
payout of $180.40 for unused benefits.
27. Liquor Licenses
a. Casey's General Store #2427, 3035 Logan Ave., Class E Alcohol w/Sunday Sales
(Renewal) Exp: 6/14/2025.
b. El Mercadito, 520 La Porte Rd., Class B Alcohol w/Sunday Sales (Renewal) Exp:
6/20/2025.
c. Golden China, 106 Brookeridge Dr., Class C Alcohol w/Sunday Sales (Renewal) Exp:
5/4/2025.
d. Linn Mart, 926 Linn St., Class B Alcohol w/Sunday Sales (Renewal) Exp: 4/17/2025.
e. LuckyWife Wine Slushies, 4022 Sergeant Rd., Special Class C Alcohol w/Outdoor
Service and Sunday Sales (New 5-Day) Exp: 7/21/2024.
f. Lucky Wife Wine Slushies, 4022 Sergeant Rd., Special Class C Alcohol w/Outdoor
Service and Sunday Sales (New 5-Day) Exp: 9/29/2024.
g. Steamboat Gardens, 1740 Falls Ave., Class C Alcohol w/Sunday Sales (Renewal) Exp:
6/13/2025.
h. Smitty's Bar, 709 Jefferson St., Class C Alcohol w/Outdoor Service and Sunday Sales
(Renewal) Exp: 5/26/2025.
i. The Isle Casino Hotel Waterloo, 777 Isle of Capri Blvd., Class C Alcohol w/Outdoor
Service and Sunday Sales (Renewal) Exp: 4/30/2025.
j. Basal Pizza, 225 W. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales
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(Renewal) Exp: 4/30/2025.
28. Bonds.
PUBLIC HEARINGS
1. Sale and conveyance of city -owned property located at 708 W. 3rd Street, in the
amount of $2,000.00, to Tramaun Allen, including approval of a Development
Agreement and Real Estate Contract for the rehabilitation of a garage and
construction of a fence.
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 authorizing the sale and conveyance of city -owned property located at 708 W.
3rd Street, in the amount of $2,000.00 to Tramaun Allen, and authorizing the Mayor and
City Clerk to execute said documents.
Resolution approving a Development Agreement and Real Estate Contract with Tramaun
Allen for the rehabilitation of a garage and construction of a fence, and authorizing the
Mayor and City Clerk to execute said document.
Submitted by: Noel Anderson, Community Planning and Development Director
2. 2024-2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance
Services Contract re -bid for city -owned lots generally maintained by the Planning
and Zoning Department.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Resolution confirming 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 awarding bid to B&B Lawn Care, Inc., of Waterloo, Iowa, in the amount of
$11.41 per lot per occurrence for lots under 1 acre, and $49.99 per acre per occurrence for
lots 1 acre or more, in conjunction with the 2024-2025 Residential Lots/Miscellaneous
Areas Mowing and Lot Maintenance Services Contract re -bid for city -owned lots generally
maintained by the Planning and Zoning Department.
Submitted by: Noel Anderson, Community Planning and Development Director
3. Sale and conveyance of city -owned property located at 516 Pine Street, in the
amount of $1.00, to Iowa Heartland Habitat for Humanity, including approval of a
Development Agreement for the redevelopment of a single family home and a grant
of $5,000.00 for infill housing incentive.
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 authorizing the sale and conveyance of city -owned property located at 516 Pine
Street, in the amount of $1.00 to Iowa Heartland Habitat for Humanity, and authorizing the
Mayor and City Clerk to execute said documents.
Resolution approving a Development Agreement with Iowa Hartland Habitat for Humanity
for the rehabilitation of a single-family home at 516 Pine Street, with a $5,000.00 infill
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housing grant, and authorizing the Mayor and City Clerk to execute said document.
Submitted by: Noel Anderson, Community Planning and Development Director
4. Request by King Automotive to rezone approximately 1.76 acres from "C-2"
Commercial District to "M-1" Light Industrial District for the potential expansion of an
existing salvage yard located south of 275 Rampart Lane.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING - No comments on file.
Motion to close the hearing and receive and file oral and written comments and
recommendation of approval of the Planning, Programming and Zoning Commission.
Motion to receive, file, consider, and pass for the first time an ordinance amending
Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the
Official Zoning Map referred to in Section 10-4-4, approving a request by King Automotive
to rezone approximately 1.76 acres from "C-2" Commercial District to "M-1" Light Industrial
District for the potential expansion of an existing salvage yard located south of 275 Rampart
Lane.
Motion to suspend the rules.
Motion to receive, consider, file, and pass for the second and third times and adopt the
ordinance.
Submitted by: Noel Anderson, Community Planning and Development Director
RESOLUTIONS
1. Resolution approving a Permanent Easement Agreement in the amount of $1,602.72, with
Hy-Vee, Inc., for sidewalk and traffic signal infrastructure, located near 2181 Logan Avenue,
in relation to roadway improvements at the North Crossing Development, and authorizing
the Mayor and City Clerk to execute said document.
Submitted by: Noel Anderson, Community Planning and Development Director
2. Resolution approving a request by Cedar Valley Fish Market for an Encroachment
Agreement to allow for the placement of a food trailer and related items in the right-of-way
in front of 218 Division Street, 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
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May 6, 2024
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, May 6, 2024.
Roll Call.
Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton -Smith, Mr.
Chiles, Mr. Simon, Ms. Wilder and Mr. Feuss.
Prayer or Moment of Silence.
Pledge of Allegiance, LeAnn Even, Deputy City Clerk.
Approval of Agenda, as proposed or amended.
Feuss/Wilder
that the agenda, be approved. Voice vote -Ayes: Seven. Motion carried.
Approval of Minutes of April 15 Regular Council Session and April 17, and April 29, 2024
Special Council Sessions as proposed or amended.
Feuss/Wilder
that the minutes of April 15 and 17, 2024, Regular Session and April 29, 2024, Special
Session, as proposed, be approved. Voice vote -Ayes: Seven. Motion carried.
PUBLIC COMMENTS
The following individuals commented on various subjects.
Mary Potter, 1416 W. 4th Street and Grout Museum Trustee
Jillian Rutledge, Cedar Valley Roller Derby
Aaron Stacey Roberts, 411 Almond Street
LC Smith, 416 Oliver Street
Tony Roadhouse, 4141 Butterfield Road
Beverly Cosby, 315 Wendell Court
Thomas Church, 406 Hammond Avenue
Michael Blackwell, 5125 Millenium Drive, Cedar Falls
Allen Reid, 1400 Block Cottage Grove
Larry Stumme, 1008 Lois Lane
Doris Deitrick, 2009 Cityview Street
Ms. Creighton -Smith, noted with regards to Doris Deitrick's comments, that it may be beneficial
to have someone from the district to help with working through a solution for the homeless
population.
Mr. Boesen, questioned if the current property owners could mow and secure the residence at
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310 Upland prior to closing rather than the city taking on the liablity.
Noel Anderson, Community Planning and Development Director responded he would contact
owners to mow and has made plans to secure the property.
Mayor Hart made comments regarding negligent landlords and asked Mr. Anderson to have
owners mow or pay for the City to mow and secure the property.
Feuss/Wilder
to close public comments. Voice vote -Ayes: Seven. Motion carried.
CONSENT AGENDA
Feuss/Wilder
that the following items on the consent agenda as amended by Council member Boesen to
remove item No. 2 completely and item No.17 to be considered for separate discussion,
including payment of bills for May 6, 2024, in the amount of $6,777,158.58, be received and
placed on file.
Roll Call 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. 2024-242.
Resolution approving the request by Allan Jackson, for tax exemptions on improvements valued
at $80,000.00, for property located at 306 Cottage Street and located in the Consolidated Urban
Revitalization Area (CURA).
Removed per amendment.
Resolution accepting a Waterloo Housing Trust Fund Grant Agreement, in the amount of
$42,175.00, for owner -occupied housing emergency repairs, and authorizing the Housing
Director to execute said document.
Resolution adopted and upon approval by Mayor assigned No. 2024-243.
Resolution in support of an application by BCS Properties, LLC, for the Iowa Workforce
Housing Tax Credit Program application to the Iowa Economic Development Authority, to
construct sixty (60) new housing units, located north of 1900 W. Ridgeway Avenue, including
potential for tax abatement through the City Limits Urban Revitalization Area tax abatement
program upon substantial completion.
Resolution adopted and upon approval by Mayor assigned No. 2024-244.
Resolution in support of an application by Baltimore Fields, LLC, for the Iowa Workforce
Housing Tax Credit Program application to the Iowa Economic Development Authority, to
construct eighteen (18) new single-family homes located east of 1003 Vermont Street, including
up to $90,000.00 infill incentive upon substantial completion.
Resolution adopted and upon approval by Mayor assigned No. 2024-245.
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Resolution in support of an application by J & R Real Estate Holdings, LLC, for the Iowa
Workforce Housing Tax Credit Program application to the Iowa Economic Development
Authority, to construct twenty-seven (27) new residential units, located at 1729 Mulberry Street,
including a potential for tax abatement through the Consolidated Urban Revitalization Area tax
abatement program upon substantial completion.
Resolution adopted and upon approval by Mayor assigned No. 2024-246.
Resolution in support of an application by 3350 University Avenue, LLC, for the Iowa Workforce
Housing Tax Credit Program application to the Iowa Economic Development Authority, to
construct ninety-five (95) new housing units, located at 3350 University Avenue, including
potential for tax abatement through the Consolidated Urban Revitalization Area tax abatement
program upon substantial completion.
Resolution adopted and upon approval by Mayor assigned No. 2024-247.
Resolution setting date of public hearing as May 20, 2024, to approve the request by King
Automotive to rezone approximately 1.76 acres from "C-2" Commercial District to "M-1" Light
Industrial District to allow for expansion of an existing salvage yard located south of 275
Rampart Lane, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2024-248.
Resolution setting date of public hearing as May 20, 2024, for the sale and conveyance of city -
owned property located at 516 Pine Street, in the amount of $1.00, to Iowa Heartland Habitat
for Humanity, including approval of a Development Agreement for the redevelopment of a
single family home and a grant of $5,000.00 for infill housing incentive, and instruct the City
Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2024-249.
Resolution setting date of public hearing as May 20, 2024, for the sale and conveyance of city -
owned property located at 708 W. 3rd Street, in the amount of $2,000.00, to Tramaun Allen,
including approval of a Development Agreement for the rehabilitation of a garage and
construction of a fence, and instruct the City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2024-250.
Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing
two Chevy Tahoes, in the amount of $99,810.40, from Karl Auto Group, for the Police
Department.
Resolution adopted and upon approval by Mayor assigned No. 2024-251.
Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing six
Chevy Malibus, in the amount of $143,365.38, from Karl Chevrolet, for the Police Department.
Resolution adopted and upon approval by Mayor assigned No. 2024-252.
Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing
two Police Interceptor all -wheel -drive utility units, in the amount of $91,170.00, from Stivers
Ford, for the Police Department.
Feuss/Wilder
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that the minutes of April 15 and 17, 2024, Regular Session and April 29, 2024, Special Session,
as proposed, be approved. Voice vote -Ayes: Seven. Motion carried.
Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing
two Chevy Colorado Crew Cabs, in the amount of $69,375.60, for the Street Department.
Resolution adopted and upon approval by Mayor assigned No. 2024-254.
Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing
two Chevy Colorado Crew Cabs, in the amount of $69,375.60, for the Engineering Department.
Resolution adopted and upon approval by Mayor assigned No. 2024-255.
Resolution authorizing an exception to the City of Waterloo Purchasing Policy for the purchase
of a Chevy Equinox, in the amount of $30,469.99, for the Traffic Department.
Resolution adopted and upon approval by Mayor assigned No. 2024-256.
Resolution authorizing an exception to the purchasing policy for the purchase of a Rear Loader
for the Sanitation Department, in the amount of $224,200.00. This is a Sourcewell purchase.
Resolution adopted and upon approval by Mayor assigned No. 2024-257.
Mr. Boesen made comments and questioned the reasoning behind approving exceptions to the
purchasing policy and using Sourcewell bids as opposed to following the general bidding
process for these types of purchases, and if there are actual savings by purchasing through
Sourcewell. He further questioned purchasing a rear -loading garbage truck with a push axle as
opposed to a tandem axle truck.
Rick Strange, Fleet Manager, explained if the current 2012 rear loader goes down, this truck
would act as an emergency replacement and that we are lucky to get this vehicle as orders
currently take 18-24 months for delivery after being ordered.
Mr. Boesen questioned whether this is a cast-off purchase.
Rick Strange responded that this vehicle has the exact specifications that Waste Management
requires.
Mr. Simon questioned finding competitive bids for these types of vehicles.
Rick Strange explained the purchase via this process is being done as we can get the truck 18 -
24 months sooner than bidding it out to other sources and that these trucks have already been
bid out by other municipalities. Roll Call vote -Ayes: Six. Nays: One (Boesen). Motion carried.
Motion to approve Change Order No. 3 with Peters Construction Corporation, of Waterloo,
Iowa, for a net increase of $0.00, in conjunction with the Waterloo Convention Center Restroom
Renovation Project, and authorizing the Mayor to execute said document.
Motion approving Change Order No. 4 with Peters Construction Corporation, of Waterloo, Iowa,
for a net increase of $0.00, in conjunction with the Waterloo Convention Center Restroom
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Renovation Project, and authorizing the Mayor to execute said document.
Motion to approve Change Order No. 15 with Peterson Contractors, Inc., of Reinbeck, Iowa, for
a net increase of $61,254.50, in conjunction with FY 2021 Shaulis Road Reconstruction - Hess
Road to Hwy 218 Project, Contract No. 1020, and authorizing the Mayor and City Clerk to
execute said document.
Motion to approve Change Order No. 02 with WRH, Inc., of South Amana, Iowa, for a net
increase of $45,217.71, in conjunction with FY 2023 Sanitary Sewer Gatewell Repairs - Phase
II Project, Contract No. 1071, and authorizing the Mayor and City Clerk to execute said
document.
Motion to approve Change Order No. 1 with Aspro, Inc., of Waterloo, Iowa, for a net increase of
$117,666.40, in conjunction with FY 2024 Asphalt Overlay Program, Contract No. 1099, and
authorizing the Mayor and City Clerk to execute said document.
Motion approving Change Order No. 2 with Cedar Valley Corporation LLC, of Waterloo, Iowa,
for a net increase of $712,070.23, in conjunction with FY 2024 Broadway Street Reconstruction
Project, Contract No. 1095, and authorizing the Mayor and City Clerk to execute said
document.
Motion approving appointment of Griffin Cameron from the current Civil Service List to the
position of Airport Operations Specialist in the Airport Department, effective May 8, 2024,
pending pre -employment physical and drug testing.
Motion approving appointment of Matt Schindel to the position of Principal Engineer in the
Engineering Department, effective June 30, 2024.
Motion approving the appointment of Chad Hollingsworth from the current Civil Service List to
the position of Instrumentation Control Technician, in the Waste Management Services
Department, effective May 15, 2024.
Communication from the Fire Department on the notice of the conclusion of employment of
Melissa Tobin, EMS Administrative Assistant, effective April 5, 2024, with recommendation of
approval of payout of $2,643.00 for unused benefits.
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Communication from the Street Department on the notice of the conclusion of employment of
Dennis Even, Equipment Operator I, effective March 29, 2024, with recommendation of
approval of payout of $7,106.20 for unused benefits.
Airport Board minutes of March 27, 2024.
Complete Streets Advisory Committee minutes of February 27, 2024.
Historic Preservation Commission minutes of February 20, 2024.
Leisure Services Commission Board minutes of March 12, 2024.
Planning, Programming, and Zoning Commission minutes of January 9, 2024.
Liquor Licenses
a. Amigo Mexican Restaurant, 1415 E. San Marnan Dr., Class C Alcohol w/Outdoor Service
and Sunday Sales (Renewal) Exp: 2/28/2025.
b. Edo's Sports Bar, 110 E. 11th St., Class C Alcohol w/Sunday Sales (Renewal) Exp:
5/7/2025.
c. Half Pint Saloon, 1831 Independence Ave., Class C Alcohol w/Outdoor Service and Sunday
Sales (Renewal) Exp: 4/18/2025.
d. Kwik Stop 4, 515 Broadway St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 5/7/2025.
e. La Michuacana, 1221 Franklin St., Class C Alcohol w/Sunday Sales (Renewal) Exp:
3/26/2025.
f. Lost Island Theme Park, 2600 E. Shaulis Rd., Class C Alcohol w/Outdoor Service and
Sunday Sales (New) Exp: 1/8/2025.
q. Lost Island Water Park, 2225 E. Shaulis Rd., Class C Alcohol w/Outdoor Service and Sunday
Sales (New 8-month) Exp: 1/12/2025.
h. Main Street Waterloo, 300 Jefferson St., Special Class C Alcohol w/Sunday Sales (New 1-
Day) Exp: 5/17/2024.
i. Michoacana Meat Market, 1215 Franklin St., Class B Alcohol w/Sunday Sales (Renewal) Exp:
4/26/2025.
j. National Dairy Cattle Congress, 250 Ansborough Ave., Class C Alcohol w/Outdoor Service,
Catering and Sunday Sales (Renewal) Exp: 2/28/2025.
k. Olive Garden #1489, 1315 E. San Marnan Dr., Class C Alcohol w/Sunday Sales (Renewal)
Exp: 5/28/2025.
I. Prime Mart 7, 1309 Lafayette St., Class E Alcohol w/Sunday Sales (Renewal) Exp: 4/30/2025.
m. Red Carpet Golf, 1409 Newell St., Class C Alcohol w/Outdoor Service and Sunday Sales
(Renewal) Exp: 4/4/2025.
n. Anton's Garden, 518 Sycamore St., Class C Alcohol w/Outdoor Service and Sunday Sales
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(Renewal) Exp: 4/30/2025.
o. Behar Bar, 312 W. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal)
Exp: 4/30/2025.
p. Sunnyside Country Club, 1600 Olylmpic Dr., Class F Alcohol w/Outdoor Service and Sunday
Sales (Renewal) Exp: 4/13/2025.
q. Waterloo Softball Association, 1139 Josephine St., Special Clas C Alcoho w/Outdoor Service
and Sunday Sales (Renewal) Exp: 4/16/2025.
r. Majestic Moon, 1955 Locke Ave, Class C Alcohol w/Outdoor Service and Sunday Sales
(New) Exp: 4/30/2025.
Motion to approve a Cigarette/Tobacco/Nicotine/Vapor Permit for New Star, 1020 Franklin
Street.
Motion to approve a Fireworks Display Application by Dan Mast on behalf of East High School
for the East High 1st Night Game, beginning at 9:00 p.m. on May 13, 2024, and located at 214
High Street, Waterloo.
Bonds.
PUBLIC HEARINGS
FY 2024 Budget Amendment.
Feuss/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.
Feuss/Chiles
to close the hearing. Voice vote -Ayes: Seven. Motion carried.
Feuss/Chiles
Resolution approving the FY 2024 Budget Amendment. Roll Call vote -Ayes: Seven. Motion
carried. Resolution adopted and upon approval by Mayor assigned No. 2024-258.
FY 2025 Levee Rip Rap Spraying Project, Contract No. 1104.
Nichols/Wilder
to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven.
Motion carried.
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This being the time and place of the public hearing, the Mayor called for written and oral
comments and there were none.
Nichols/Wilder
to close the hearing. Voice vote -Ayes: Seven. Motion carried.
Nichols/Wilder
Resolution confirming approval of specifications, bid documents, form of contract, etc., and
authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and
upon approval by Mayor assigned No. 2024-259.
Nichols/Wilder
to receive, file, and instruct the City Clerk to read the bids. Voice vote -Ayes: Seven. Motion
carried.
Engineer's Estimate: $68,875.00; Landmark Turf Services, LLC, Dunkerton, Iowa - 5%
security - Bid: $53,664.00.
Nichols/Wilder
Resolution approving award of bid to Landmark Turf Services, LLC, of Dunkerton, Iowa in the
amount of $53,664.00, approving the contract, bonds, and certificate of insurance, in
conjunction with the FY 2025 Levee Rip Rap Spraying Project, Contract No. 1104, 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. 2024-260.
FY 2025 Sidewalk Ramp and Trail Repair Program, Contract No. 1106.
Boesen/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 and there were none.
Boesen/Feuss
to close the hearing. Voice vote -Ayes: Seven. Motion carried.
Boesen/Feuss
Resolution confirming approval of specifications, bid documents, form of contract, etc., and
authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and
upon approval by Mayor assigned No. 2024-261.
Boesen/Feuss
to receive, file, and instruct the City Clerk to read the bids and refer to the City Engineer for
review. Voice vote -Ayes: Seven. Motion carried.
Engineer's Estimate: $330,862.70; Brock Even Construction, LLC, Jesup Iowa - 5% security -
Bid: $255,755.05; Boulder Contracting, LLC, Grundy Center, Iowa - 5% security - Bid:
$238,017.43; Tk Concrete, Inc., Pella, Iowa - 5% security - Bid: $295,531.70; Midwest
Concrete, Inc., Peosta, Iowa - 5% security - Bid $253,046.61.
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FY 2025 W. 11th Street Railroad Crossing Repair, Contract No. 1107.
Wilder/Nichols
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.
Wilder/Nichols
to close the hearing. Voice vote -Ayes: Seven. Motion carried.
Wilder/Nichols
Resolution confirming approval of specifications, bid documents, form of contract, etc., and
authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and
upon approval by Mayor assigned No. 2024-262.
Wilder/Nichols
to receive, file, and instruct the City Clerk to read the bids and refer to the City Engineer for
review. Voice vote -Ayes: Seven. Motion carried.
Jamie Knutson, City Engineer, explained the repairs are being made on this timeline to take
advantage of the school's summer schedule to avoid interruption to school bus schedules.
Engineer's Estimate: $176,673.50; Vieth Construction, Cedar Falls, Iowa - 5% security - Bid:
$139,352.60; Boulder Contracting, LLC, Grundy Center, Iowa - 5% security - Bid: $94,060.66;
Owen Contracting, Inc., Cedar Falls, Iowa - 5% security - Bid: $140,536.80; Lodge
Construction, Inc., Clarksville, Iowa - 5% security - Bid $136,802.50.
FY 2025 Rainbow Drive Railroad Crossing Repair Protect, Contract No. 1108.
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 and there were none.
Feuss/Wilder
to close the hearing. Voice vote -Ayes: Seven. Motion carried.
Feuss/Wilder
Resolution confirming approval of specifications, bid documents, form of contract, etc., and
authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and
upon approval by Mayor assigned No. 2024-263.
Feuss/Wilder
to receive, file, and instruct the City Clerk to read the bids and refer to the City Engineer for
review. Voice vote -Ayes: Seven. Motion carried.
Mr. Boesen expressed his concerns regarding truck traffic driving through residential areas
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during crossing closure and requested a specified route be assigned and police enforcement if
not observed during construction.
Jaime Knutson, City Engineer explained the detour route to Rainbow Avenue as proposed in
the plans and will inform the businesses in the area of the detour route so their drivers are
made aware of the route.
Mr. Boesen requested temporary "No Trucks" signage be placed during construction.
Jaime Knutson responded he could discuss this with the Public Works Department.
Engineer's Estimate: $98,501.50; Vieth Construction, Cedar Falls, Iowa - 5% security - Bid:
$65,286.20; Boulder Contracting, LLC, Grundy Center, Iowa - 5% security - Bid: $53,939.44;
Owen Contracting, Inc., Cedar Falls, Iowa - 5°/o security - Bid: $66,767.90; Lodge Construction,
Inc., Clarksville, Iowa - 5% security - Bid $60,564.20.
FY 2025 Sidewalk Inspection and Repair Program - Zone 4.
Wilder/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.
Thomas Church, 406 Hammond Avenue, questioned if the sidewalk trip hazards could be
ground down as opposed to replacing the entire sidewalk.
Mayor Hart explained Mr. Church could meet with the Engineering team to discuss his options.
Wilder/Feuss
to close the hearing. Voice vote -Ayes: Seven. Motion carried.
Wilder/Feuss
Resolution approving proposed construction of sidewalk improvements. Roll call vote -Ayes:
Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2024-
264.
Wilder/Feuss
Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Roll call vote -
Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No.
2024-265.
Street Department Seal Coat Program.
Nichols/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.
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Allen Reid, 1400 Block Cottage Grove, questioned having street repaired on Cottage Grove.
Mayor Hart directed the Street Department to contact Mr. Reid to discuss street repair options
or plans.
Nichols/Wilder
to close the hearing. Voice vote -Ayes: Seven. Motion carried.
Nichols/Wilder
Resolution confirming approval of specifications, bid documents, form of contract, etc., and
authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and
upon approval by Mayor assigned No. 2024-266.
Nichols/Wilder
to receive, file, and instruct the City Clerk to read the bids. Voice vote -Ayes: Seven. Motion
carried.
Bituminous Materials & Supply, Des Moines, Iowa; HFMS-2S; 15,000 Gallons @ $2.63 gal.;
Total: $39,450.00; CRS-2P; 70,000 Gallons @ $3.09 gal.; Total: $216,300; CSS-1 DILUTE/4:1;
38,000 Gallons @ $1.73 gal.; Total: $65,740.00.
Nichols/Wilder
Resolution approving award of bid to Bituminous Materials & Supply, LP, of Des Moines, Iowa,
in the amount of $321,490.00, approving the contract, bonds, and certificate of insurance, in
conjunction with the Street Department Seal Coat Program, 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. 2024-267.
Request by the City of Waterloo to rezone approximately 2.17 acres from "M-2" Heavy
Industrial District to "C-P" Planned Commercial District, located at 1515 Sycamore Street, to
allow for redevelopment of the Rath Administration Building into eighty-seven affordable senior
housing units.
Creighton-Smith/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 and there were none.
Creighton-Smith/Feuss
to close the hearing and receive and file the recommendation of approval of the Planning,
Programming and Zoning Commission. Voice vote -Ayes: Seven. Motion carried.
Creighton-Smith/Feuss
to receive, file, consider, and pass for the first time an ordinance amending Ordinance No.
5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map
referred to in Section 10-4-4, approving a request by the City of Waterloo to rezone
approximately 2.17 acres from "M-2" Heavy Industrial District to "C-P" Planned Commercial
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District, located at 1515 Sycamore Street, to allow for redevelopment of the Rath Administration
Building into eighty-seven affordable senior housing units. Roll Call vote -Ayes: Seven. Motion
carried.
Creighton-Smith/Feuss
to suspend the rules. Roll Call vote-Ayes:Seven
Creighton-Smith/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 Ordinance
No.5760.
Sale and conveyance of city -owned property located at 708 W. 3rd Street, in the amount of
$500.00, to Tramaun Allen.
Public Hearing Canceled to be rescheduled for May 20, 2024.
Sale and conveyance of city -owned property located at 708 W. 3rd Street, in the amount of
$1.00, to Iowa Heartland Habitat for Humanity, including approval of a Development Agreement
for the construction of a single-family home and a grant of $5,000.00 for infill housing
development, and authorizing the Mayor and City Clerk to execute said document.
Feuss/Creighton-Smith
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, questioned the sales price for the property.
Noel Anderson, Community Planning and Development Director, explained the property at 708
W. 3rd Street is being split into two parcels. One parcel is to be demolished and a new home
will be built by Habitat for Humanity per City policy. Mr. Allen will purchase the remaining parcel
with the price contingent on whether or not the garage remains with the property.
Feuss/Creighton-Smith
to close hearing. Voice vote -Ayes: Seven. Motion carried.
Feuss/Creighton-Smith
Resolution authorizing the sale and conveyance of city -owned property located at 708 W. 3rd
Street, in the amount of $1.00 to Iowa Heartland Habitat for Humanity, 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. 2024-268.
Feuss/Creighton-Smith
Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for
the construction of a single-family home, with a $5,000.00 infill housing grant, 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. 2024-269.
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Sale and conveyance of city -owned property located south of 3620 Wagner Road, in the
amount of $1.00, to 3 Stooges LLC, including approval of a Development Agreement and
Minimum Assessment Agreement with a minimum assessed value of $1,000,000.00 for the
construction of two commercial buildings, and authorizing the Mayor and City Clerk to execute
said document.
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 and there were none.
Nichols/Feuss
to close the hearing. Voice vote -Ayes: Seven. Motion carried.
Nichols/Feuss
Resolution authorizing the sale and conveyance of city -owned property located south of 3620
Wagner Road, in the amount of $1.00 to 3 Stooges, LLC, and authorizing the Mayor and City
Clerk to execute said documents.
Mr. Simon thanked Mr. Anderson for responding to his questions and asked that others be
given the opportunity to receive finder's fees as in this transaction.
Noel Anderson, Community Planning and Development Director, explained the City has
awarded finder's fees before to commercial realtors to show privately owned land to promote
development of city -owned properties and that Planning is using different methods to promote
selling city properties and getting the word out that this incentive is available.
Mr. Boesen noted the agenda refers to the item as a finder's fee, that the original packet to the
council referenced a finder's fee along with the resolution setting the public hearing date but
that the Development Agreement now states this is a $10,000.00 grant. Mr. Boesen questioned
if the Fischels Real Estate Group was in any way related to the Fischels signing the
Development Agreement,
Noel Anderson responded the Chris Fischels signing the Development Agreement is the
Brother of Tony Fischels of Fischels Real Estate, that Chris Fischels is one of three owners of
Three Stooges, LLC and that he is also part of a commercial realtor group and will be part
owner of this project.
Mr. Boesen stated he has an issue paying a finder's fee to 3 Stooges, LLC to find property for
themselves.
Noel Anderson explained Chris Fischels also found property for a project in the NE Industrial
park and the same rules would apply for that project.
Mr. Simon stated he doesn't have a problem rewarding someone for improving a property and
revitalizing sites, but would like to be assured this incentive is available for everyone not just a
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select few.
Noel Anderson stated the City Attorney reviewed the Development Agreement and does not
feel there is a conflict.
Mayor Hart stated moving forward he would like some parameters established for awarding
finder's fees.
Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-270.
Nichols/Feuss
Resolution approving a Development Agreement and Minimum Assessment Agreement with 3
Stooges, LLC, for the construction of two 9,000 square foot commercial buildings, with a
minimum assessed value of $1,000,000.00 for phase I, with finders fee of $10,000.00 and
rebate schedule of five years at 50% upon completion of Phase II, 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. 2024-271.
Request by Cedar Valley Lawn Care for a Site Plan Amendment for a new commercial building
in the "C-2" Commercial District and "C-2, C-Z" Conditional Zoning District located south of
4121 Alexandra Drive.
Boesen/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
and there were none.
Boesen/Feuss
to close hearing and receive and file a recommendation of approval of the Planning, Programming,
and Zoning Commission. Voice vote -Ayes: Seven. Motion carried.
Boesen/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 Cedar Valley Lawn Care for a Site Plan Amendment for a
new commercial building in the "C-2" Commercial District and "C-2, C-Z" Conditional Zoning District
located south of 4121 Alexandra Drive. Roll Call vote -Ayes: Seven. Motion carried.
Boesen/Feuss
to suspend the rules. Roll Call vote -Ayes: Seven. Motion carried.
Boesen/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 Ordinance
No. 5761.
RESOLUTIONS
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Resolution appointing UMB Bank, N.A. of West Des Moines, Iowa, to serve as Paying Agent,
Note Registrar, and Transfer Agent, approving the Paying Agent and Note Registrar and
Transfer Agent Agreement and authorizing the Mayor and City Clerk to execute said document.
Nichols/Creighton-Smith
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-272.
Resolution approving and authorizing a form of Loan Agreement and authorizing and providing
the issuance of $5,280,000.00 General Obligation Capital Loan Notes, Series 2024B, and
levying a tax to pay said notes; approval of the Tax Exemption Certificate and Continuing
Disclosure Certificate.
Nichols/Creighton-Smith
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-273.
Resolution appointing UMB Bank, N.A. of West Des Moines, Iowa, to serve as Paying Agent,
Note Registrar, and Transfer Agent, approving the Paying Agent and Note Registrar and
Transfer Agent Agreement and authorizing the Mayor and City Clerk to execute said
documents.
Nichols/Creighton-Smith
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-274.
Resolution approving and authorizing a form of Loan Agreement and authorizing and providing
for the issuance of $720,000.00 Taxable General Obligation Capital Loan Notes, Series 2024C,
and levying a tax to pay said notes; approval of the Continuing Disclosure Certificate, and
authorizing the Mayor and City Clerk to execute said documents.
Nichols/Creighton-Smith
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-275.
Resolution appointing UMB Bank, N.A. of West Des Moines, Iowa, to serve as Paying Agent,
Note Registrar, and Transfer Agent, approving the Paying Agent and Note Registrar and
Transfer Agent Agreement and authorizing the Mayor and City Clerk to execute said
documents.
Nichols/Creighton-Smith
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-276.
Resolution approving and authorizing a form of loan agreement and authorizing and providing
for the issuance of $20,000,000.00 General Obligation Capital Loan Notes, Series 2024D, and
levying a tax to pay said notes; approval of the Tax Exemption Certificate and Continuing
Disclosure Certificate.
Nichols/Creighton-Smith
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
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assigned No. 2024-277.
Resolution approving a Professional Services Agreement with HR Green, Inc., in an amount not
to exceed $5,300.00, to complete the Phase I Environmental Site Assessment at the former
Waterloo Community School District's bus barn, located west of 6114 Kimball Avenue, and
authorizing the Mayor to execute said document.
Boesen/Nichols
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-278.
Resolution approving an amendment to a Farm Lease Agreement with Luke Weston, dated
May 4, 2020, to allow Lessee to undertake earthwork on the property located north of 2644
Independence Avenue, and deduct an amount not to exceed $8,500.00, for work performed,
from the yearly rental amount of $14,583.45, 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. 2024-279.
The following members of the public provided comment on the item:
David Dryer, 3145 W. 4th Street.
Noel Anderson, Community Planning and Development Director, explained he would provide
lease information to Mr. Dryer and that the drainage improvements will benefit the city upon
development in the future as it will help the overall drainage in the area.
Resolution approving the Real Estate Purchase Agreement and Temporary Construction
Easement Agreement with Prime RE, LLC, for properties located north of 2323 La Porte Road,
South of 2134 La Porte Road, and North of 2134 La Porte Road, in the amount of $5,553.49
plus up to $2,000.00 in closing costs, in conjunction with the La Porte Road Reconstruction
Project, and authorizing the Mayor and City Clerk to execute said documents.
Boesen/Nichols
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-280.
Resolution approving a variance to the requirements of the Subdivision Ordinance in Section
11-3-2 Preliminary Plats and Section 11-3-3 Final Plats, relating to the approval of the Minor
Plat of Grattan Addition, a 3-lot commercial subdivision in the "C-2" Commercial District located
at 935 Sheerer Avenue.
Nichols/Creighton-Smith
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-281.
Resolution approving a request by Riverbank Investments, LLC, for the Minor Plat of Grattan
Addition, a 3-lot commercial subdivision in the "C-2" Commercial District located at 935 Sheerer
Avenue.
Nichols/Creighton-Smith
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
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assigned No. 2024-282.
Resolution approving the Real Estate Purchase Agreement and Temporary Construction
Easement Agreement with Shri Gayatri Ma, Inc., for property located south of 2056 La Porte
Road, in the amount of $100.00 plus up to $2,000.00 in closing costs, in conjunction with the La
Porte Road Reconstruction Project, and authorizing the Mayor and City Clerk to execute said
documents.
Nichols/Creighton-Smith
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-283.
Resolution approving a request by Luke Patterson for an Encroachment Agreement to allow for
the placement of a step and landing in the "C-2" Commercial District at 510 W. 5th Street,
extending into the right-of-way and sidewalk of West 5th Street, and authorizing the Mayor and
City Clerk to execute said document.
Boesen/Feuss
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-284.
Resolution approving a Permanent Easement Agreement and Temporary Construction
Easement Agreement with Bamboo Ridge Campground Inc., for property located at 4550 La
Porte Road, in the amount of $1,100.06, in conjunction with the La Porte Road Reconstruction
Project, and authorizing the Mayor and City Clerk to execute said documents.
Boesen/Feuss
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-285.
Resolution approving a request by Black Hawk County for an Encroachment Agreement to
allow for the construction of a bus shelter in the "R-4" Multiple Residence District in front of
1407 Independence Avenue (Pinecrest Building) and authorizing the Mayor and City Clerk to
execute said document.
Boesen/Feuss
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-286.
Resolution approving a Permanent Easement Agreement and Temporary Construction
Easement Agreement with TD Properties, LLC, for property located at 2213 La Porte Road, in
the amount of $2,821.58, in conjunction with the La Porte Road Reconstruction Project, and
authorizing the Mayor and City Clerk to execute said documents.
Boesen/Feuss
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-287.
Resolution approving a Permanent Easement Agreement and Temporary Construction
Easement Agreement with Crossroad Ford, LTDl for property located south of 2033 La Porte
Road, in the amount of $2,532.77, in conjunction with the La Porte Road Reconstruction
Project, and authorizing the Mayor and City Clerk to execute said documents.
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Boesen/Feuss
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-288.
Resolution approving Temporary Construction Easement Agreements with: Lost Island Water
Park Inc., for property located at 225 East Shaulis Road, in the amount of $416.80, Lost Island
Real Estate LC, for property located West of 225 East Shaulis Road and East of 4550 La Porte
Road, in the amount of $2,951.88, Dhani Mahaveer Inc., for property located at 2141 La Porte
Road and 2153 La Porte Road, in the amount of $1,606.76, Dilip Hotels LLC, for property
located at 2127 La Porte Road, in the amount of $1,820.84, Gawaam Com LLC, for property
located at 2115 La Porte Road, in the amount of $100.00, Debra M. Youngblut, for property
located at 2026 Bopp Street, in the amount of $3,429.51, Shri Ganapati and Bajrangbali In., for
property located at 2134 La Porte Road, in the amount of $2,189.17, and Mutual Wheel
Company Inc., for property located 2277 La Porte Road, in the amount of $503.02, in
conjunction with the La Porte Road Reconstruction Project, and authorizing the Mayor and City
Clerk to execute said documents.
Feuss/Wilder
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-289.
Resolution approving a Temporary Construction Easement Agreement in the amount of
$611.52, and a Permanent Easement Agreement in the amount of $5,066.88, for a total
compensation amount of $5,678.40, with JRL Holding Company, LC, related to the Titus Lift
Station and Force Main Project, located at 306 Thorson Avenue, and authorizing Mayor and
City Clerk to execute said documents.
Creighton-Smith/Wilder
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-290.
Resolution approving an Amendment to the Development Agreement and Minimum
Assessment Agreement with JSA Development, LLC, originally executed March 6, 2017,
amending to strike 516 Pine Street and 521 Pine Street threrefrom, and authorizing Mayor and
City Clerk to execute said documents.
Creighton-Smith/Wilder
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-291.
Mr. Chiles requested an overview of the status of the properties.
Noel Anderson, Community Planning and Development Director, explained Habitat will be taking
over 516 Pine Street instead of JSA for rehab, but they are still looking at 521 Pine Street to
determine if they are still able to rehab the open due to its poor condition.
Resolution approving a Bioqas Supply/Land Lease Agreement with Waterloo RNG 1, LLC, an
Oklahoma limited liability company and authorizing the Mayor to execute said documents.
Creighton-Smith/Wilder
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-292.
Page 18 of 20
Page 25 of 330
Brian Bowman, Waste Management Services, noted he feels the land lease agreement has been
properly vetted.
Mr. Boesen noted he had some questions regarding the lease agreement but that his questions
have been answered by the departments and approves of the agreement.
Mr. Feuss noted he also spoke with Randy Bennett and thanked him for working through the
agreement.
Ms. Creighton -Smith left the meeting at 7:07 P.M.
Resolution approving a Creative Services Consultant Agreement with 4C's of Waterloo, Iowa, in
the amount of $20,000.00, in conjunction with the Waterloo Bicycle Education and Enforcement
Project, and authorizing the Mayor and City Clerk to execute said document.
Nichols/Wilder
Roll Call Vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned
No. 2024-293.
Mr. Boesen noted he finds the West and East Park bike trails very confusing and hopes trail plans
change in the future.
Resolution Approving Amendment No. 1 to the Professional Services Agreement with AECOM
of Waterloo, Iowa, originally executed on February 24, 2023, in conjunction with the FY 2024
CIP Pipelining Phase IVB1 Project, and authorizing the Mayor to execute said document.
Nichols/Wilder
Roll Call Vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned
No. 2024-294.
Resolution approving a Professional Service Agreement with WHKS of Mason City, Iowa, in the
amount of $21,400.00, in conjunction with developing two grant applications for the Ridgeway
Avenue and Hammond Avenue proposed roundabouts, and authorizing the Mayor and City
Clerk to execute said document.
Nichols/Wilder
Roll Call Vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned
No. 2024-295.
Resolution approving a Professional Services Agreement with Hawkeye Alarm, in the amount of
$106,754.00, for re -keying the Public Works building and gates, and authorizing the Mayor and
City Clerk to execute said documents.
Ms. Creighton -Smith rejoined the meeting at 7:10 p.m.
Feuss/Chiles
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-296.
Resolution approving a Federal -aid Agreement with the Iowa Department of Transportation to
administer Raise Grant funds in conjunction with the La Porte Road Improvements from Shaulis
Road to Byron Avenue, and authorizing the Mayor and City Clerk to execute said document.
Page 19 of 20
Page 26 of 330
Feuss/Chiles
Roll Call Vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor
assigned No. 2024-297.
Resolution approving a Raise Grant Agreement with the US Department of Transportation in
conjunction with the La Porte Road Improvements from Shaulis Road to Byron Avenue, 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. 2024-298.
ADJOURNMENT
Feuss/Wilder
that the Council adjourn at 7:12 p.m. Voice vote -Ayes: Seven. Motion carried.
Kelley Felchle
City Clerk
Page 20 of 20
Page 27 of 330
CITY OF
ATERLO 0
J�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Jamie Knutson, City Engineer
Engineering Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Resolution approving the request of Scott Whiteman, for a waiver for a concrete driveway, located at
2014 Ashland Avenue, and authorizing the construction of a concrete driveway and placing a
driveway or sidewalk on the city right-of-way on an unimproved street.
RECOMMENDED COUNCIL ACTION
SUMMARY STATEMENT AND BACKGROUND INFORMATION
Recommend for approval by the City Engineer.
This waiver is needed due to the placement of a driveway or sidewalk on City right-of-way on an
unimproved street.
I have reviewed this request and recommend its approval subject to the following provisions.
1.Work to be performed by an approved and bonded contractor.
2.A permit is to be obtained from the office of the City Engineer prior to construction.
3.AII work shall be performed under the supervision of the City Engineer and at no cost to the City of
Waterloo.
$7.00 cash for the purpose of recording this waiver and a copy of the legal description have been
provided to the City Clerk's office.
NEIGHBORHOOD IMPACT
This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council
approval so that it can be recorded to the property, so that the waiver requirements run with the
property ownership.
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
Page 28 of 330
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
ALTERNATIVE ACTION
LEGAL DESCRIPTION
All of Lot 14, except the South 80 feet and except the North 100 feet of said Lot 14, all in Cushman
Heights, Waterloo, Black Hawk County, Iowa.
ATTACHMENTS
1. 20240508154944896
Page 29 of 330
WAIVER
Date:
Od
Honorable Mayor and City Council
City Hall
Waterloo, IA 50703
Council Persons:
hereby request a waiver to the driveway and sidewalk specifications for the construction
of a Cpc.u4ret_— driveway or sidewalk located at
(concrete or asphalt)
2014 Ashland Ave, Waterloo, IA
(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).
elimination of the sidewalk section due to the inability to meet the grade requirements.
elimination of the sidewalk section for asphalt driveways.
X placement of a driveway or sidewalk on City right-of-way on an unimproved street.
Other:
I 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.)
t� Ai/774--
Printed Name of Property Owner Stgtiature of Propehy Owner
Respectfully submitted,
Slco iv? Gil_
Page 30 of 330
CITY OF
ATERLO 0
J�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Jamie Knutson, City Engineer
Engineering Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Resolution approving the request of Dennis Payne for a waiver for a concrete driveway, located at
145 Lovejoy Avenue, with the elimination of the sidewalk section due to inability to meet grade
requirements.
RECOMMENDED COUNCIL ACTION
SUMMARY STATEMENT AND BACKGROUND INFORMATION
Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to
the inability to meet requirements of the driveway at 145 Lovejoy Avenue.
I have reviewed this request and recommend its approval subject to the following provisions:
1. Work to be performed by an approved and bonded contractor.
2. A permit is to be obtained from the office of the City Engineer prior to construction.
3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo.
$7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to
the City Clerk's office.
NEIGHBORHOOD IMPACT
This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval
so that it can be recorded to the property, so that the waiver requirements run with the property ownership.
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
Page 31 of 330
ALTERNATIVE ACTION
LEGAL DESCRIPTION
PROSPECT PLACE LOT 51
ATTACHMENTS
1. 20240508154932287
Page 32 of 330
WAIVER
Date: U 2
Honorable Mayor and City Council
City Hall
Waterloo, IA 50703
Council Persons:
l hereby request a waiver to the driveway and sidewalk specifications for the construction
of a driveway or sidewalk located at
(concretes. asphalt)
)140 L-DV-e'oJ .Avenue.Avenue.,
(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),
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:
I 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,
11 s
Printed Name of Property Owner
Signature of Proper Owner
Page 33 of 330
CITY OF
ATERLO 0
J�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Jamie Knutson, City Engineer
Engineering Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Resolution approving the request of Mirsad Sabic for a waiver for a concrete driveway, located at
4048 E. Shaulis Road, with the elimination of the sidewalk section due to inability to meet grade
requirements.
RECOMMENDED COUNCIL ACTION
SUMMARY STATEMENT AND BACKGROUND INFORMATION
Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to
the inability to meet requirements of the driveway at 4048 E. Shaulis Road.
I have reviewed this request and recommend its approval subject to the following provisions:
1. Work to be performed by an approved and bonded contractor.
2. A permit is to be obtained from the office of the City Engineer prior to construction.
3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo.
$7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to
the City Clerk's office.
NEIGHBORHOOD IMPACT
This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval
so that it can be recorded to the property, so that the waiver requirements run with the property ownership.
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
Page 34 of 330
ALTERNATIVE ACTION
LEGAL DESCRIPTION
Lot No. Six (6) in "Randall's Second Addition in Black Hawk County, Iowa."
ATTACHMENTS
1. 20240508154938689
Page 35 of 330
WAIVER
Date: 41 52 f
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-_oae, ,te driveway or sidewalk located at
(concretes r asphalt)
Og
(Address)
This waiver is needed because of:
special surface texture to be used on the concrete approach (Le., exposed aggregate, brick
stamped pattern, paving brick).
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:
1 agree to the following:
1. To remove and replace this driveway to an official elevation at no additional expense to the
City of Waterloo at such time that sidewalk is constructed.
2. To remove and replace the private driveway, as needed, to an official elevation at no additional
expense to the City of Waterloo at such time that curb and gutter is constructed.
3. To pay for any additional expenses for the replacement of any such textured driveway or
sidewalk that has been removed for any City of Waterloo project.
4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer.
6. 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,
'1/ Y A
Printed Name of Property Owner Signature Of Property Owner
Page 36 of 330
CITY OF
ATERLO 0
J�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Jamie Knutson, City Engineer
Engineering Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Resolution approving the request of Irene Shriver for a waiver for an asphalt driveway, located at 425
Sheridan Road, with the elimination of the sidewalk section due to inability to meet grade
requirements.
RECOMMENDED COUNCIL ACTION
SUMMARY STATEMENT AND BACKGROUND INFORMATION
Attached is a request for construction of an asphalt driveway with the elimination of the sidewalk section due to
the inability to meet requirements of the driveway at 425 Sheridan Road.
I have reviewed this request and recommend its approval subject to the following provisions:
1. Work to be performed by an approved and bonded contractor.
2. A permit is to be obtained from the office of the City Engineer prior to construction.
3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo.
$7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to
the City Clerk's office.
NEIGHBORHOOD IMPACT
This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval
so that it can be recorded to the property, so that the waiver requirements run with the property ownership.
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
Page 37 of 330
ALTERNATIVE ACTION
LEGAL DESCRIPTION
The South 115 feet of Lot 132 in Prospect Hills Addition, to the City of Waterloo, Iowa.
ATTACHMENTS
1. 20240508154925842
Page 38 of 330
WAIVER
Date:
g60/
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 driveway or sidewalk located at
(concrete o sphalt
-)P.Ar-i .
(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).
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:
1 agree to the following:
1. To remove and replace this driveway to an official elevation at no additional expense to the
City of Waterloo at such time that sidewalk is constructed.
2. To remove and replace the private driveway, as needed, to an official elevation at no additional
expense to the City of Waterloo at such time that curb and gutter is constructed.
3. To pay for any additional expenses for the replacement of any such textured driveway or
sidewalk that has been removed for any City of Waterloo project.
4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer.
5. To have the driveway constructed according to the specifications and policies of the City
Engineer and under his supervision.
6. This waiver is for this property only.
Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of
recording this agreement. (Please make payment payable to: City of Waterloo.)
Respectfully submitted,
ie ewe_ i/ez
Printed Name of Property Owner
Signature of Property Owner
Page 39 of 330
CITY OF
ATERLO 0
J�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Jamie Knutson, City Engineer
Engineering Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid
opening as June 13, 2024, and date of public hearing as June 17, 2024, in conjunction with the FY
2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well Project, Contract No. 1066, and instruct
the City Clerk to publish notice.
RECOMMENDED COUNCIL ACTION
SUMMARY STATEMENT AND BACKGROUND INFORMATION
NEIGHBORHOOD IMPACT
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
ALTERNATIVE ACTION
LEGAL DESCRIPTION
ATTACHMENTS
Page 40 of 330
None
Page 41 of 330
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
May 20, 2024
AGENDA ITEM TITLE
Resolution setting date of public hearing as June 3, 2024, for the sale and conveyance of city -owned
property located at 1738 Flower Street, in the amount of $10,000.00, to Babic Properties, LLC,
including approval of a Development Agreement for the construction of an 8-plex apartment building,
a grant of $5,000.00 per unit for a total grant of $40,000.00 for infill housing development, and instruct
the City Clerk to publish notice.
RECOMMENDED COUNCIL ACTION
Approval
SUMMARY STATEMENT AND BACKGROUND INFORMATION
The City of Waterloo took possession of the 8-plex located at 1738 Flower Street, and requested
proposals for either the rehabilitation or redevelopment of the site. The City of Waterloo received
three bids, including two bids to rehab the existing 8-plex and one bid to demolish the existing 8-plex
and build a new 8-plex building on the site. Staff reviewed the requests, including approximated
taxable values of the end product, and determined that the proposal to demolish the existing building
and build a new 8-plex would be in the best interest of the City of Waterloo. The public hearing would
include a approval of an Early Access Agreement.
NEIGHBORHOOD IMPACT
Redevelopment of the lot would have a positive impact on the neighborhood.
DATA, ANALYSIS, AND STRATEGIES
Infill Development
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
Sale of the City owned lot would be considered by Council through the public hearing process which
requires public notice of the hearing.
SOURCE OF EXPENDITURES
N/A
Page 42 of 330
ALTERNATIVE ACTION
Not approve
LEGAL DESCRIPTION
The Southwesterly 150 feet of Lot No. 7 in Littlefield Addition in Black Hawk County, Iowa.
ATTACHMENTS
1. Babic Prop infill DA (8 units) 4-02-24
2. Bid Tab 03-01-24 - Rehab RFP 1738 Flower St
3. Babic early access agt
Page 43 of 330
Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701
After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703.
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of
, 2024 by and between Babic Properties, LLC ("Company"), and the
City of Waterloo, Iowa ("City").
RECITALS
A. Company is willing and able to finance and construct a multi -unit 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 $10,000.00 (the "Purchase Price").
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 own expense, obtain whatever form of title
evidence it desires. If title is unmarketable or subject to matters not acceptable to
1
Page 44 of 330
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 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.
Company shall demolish all existing structures on the Property, properly dispose of
debris, construct on the Property a new 8-plex apartment building 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, stormwater control
improvements, 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 of Construction; Possibility of Reverter. The parties agree
that Company's commitment to cause the Project to be undertaken and to construct the
Improvements in a timely manner constitutes a material inducement for the City to
extend the incentives provided for in this Agreement, and that without said commitment
City would not do so.
A. Deadlines to commence and complete. Subject to Unavoidable
Delays (defined in paragraph B below), Company must commence construction
of the Improvements within six (6) months after receiving title to the Property (the
"Project Start Date"), and Substantially Complete construction within fourteen
(14) 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 any
Project elements for which no permit was necessary have been Substantially
Completed. If Company has not constructed the Improvements within the
required period or any extended period, then City may terminate this Agreement.
All deadlines are subject to Unavoidable Delays. The City's Community Planning
2
Page 45 of 330
and Development Director may, but shall not be required to, consent to an
extension of time of up to six (6) months for construction of the Improvements.
Any additional or longer time extensions will require consent of the City Council.
B. Events triggering termination and/or reverter of title. If Company
does not begin 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 14, 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 14,
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, or to refund the Purchase Price in whole or in part. 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, or past -due or currently due property taxes (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 after written demand by City, then
City shall be authorized to execute, on Company's behalf and as its attorney -in -fact, the
special warranty deed or other documents required by this Section, and for such limited
purpose Company does hereby irrevocably 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
3
Page 46 of 330
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. 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 associated connection fees.
6. 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 a grant of $5,000.00 to Company for timely completion of each unit
of the Improvements, up to a total grant of $40,000.00. Such grant will be
payable within ninety (90) days after City has verified that the Improvements
have been Substantially Completed.
B. Refund of Purchase Price. City will refund up to $5,000.00 of the
Purchase Price to Company within ninety (90) days after all of the Improvements
have been Substantially Completed.
C. Partial Tax Exemption. Because the Property is located in a
designated Consolidated Urban Revitalization Area (CURA), the Property is
eligible for tax exemption consistent with and to the extent provided for in Iowa
law and City ordinance, provided that Company or its successor in title meets all
requirements to qualify for such exemption.
7. Additional Covenants of Company. In addition to the other promises,
covenants and agreements of Company as provided elsewhere in this Agreement,
Company agrees as follows:
A. Until the Improvements have been Substantially Completed,
Company shall make such reports to City, in such detail and at such times as
may be reasonably requested by City, as to the actual progress of Company with
respect to construction of the Improvements.
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.
4
Page 47 of 330
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 companies engaged in activities of comparable size and liability
exposure, and shall provide evidence of such coverages to the City upon
request.
8. 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.
9. No Assignment or Conveyance. Company agrees that it will not sell,
convey, assign or otherwise transfer its interest in the Property prior to completion of the
Project 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.
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. It is duly organized, validly existing, and in good standing under the
laws of the state of its organization and is duly qualified and in good standing
under the laws of the State of Iowa.
5
Page 48 of 330
C. 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.
D. 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.
E. 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.
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 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
6
Page 49 of 330
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.
13. Default. The following shall be "Events of Default" under this Agreement,
and the term "Event of Default" shall mean any one or more of the following events that
continues beyond any applicable cure periods:
A. Failure by Company to cause the construction of the Improvements
on the Property to be commenced and completed pursuant to the terms,
conditions and limitations of this Agreement;
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
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,
7
Page 50 of 330
incomplete or misleading in any material respect on or as of the date of the
issuance or making thereof.
14. Remedies.
A. Default by Company. Whenever any Event of Default in respect of
Company occurs and is continuing, the City may terminate this Agreement, in
whole or in part. Before exercising such remedy, City shall give 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
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.
15. Materiality of Company's Promises, Covenants, Representations,
and Warranties. Each and every promise, covenant, representation, and warranty set
forth in this Agreement on the part of 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.
16. Performance by City. Company acknowledges and agrees that all of the
obligations of City under this Agreement shall be subject to, and performed by City in
8
Page 51 of 330
accordance with, all applicable statutory, common law or constitutional provisions and
procedures consistent with City's lawful authority. All covenants, stipulations, promises,
agreements and obligations of City contained in this Agreement shall be deemed to be
the covenants, stipulations, promises, agreements and obligations of City and not of any
governing body member, officer, employee or agent of City in the individual capacity of
such person.
17. No Third -Party Beneficiaries. No rights or privileges of any party hereto
shall inure to the benefit of any contractor, subcontractor, material supplier, or any other
person or entity, and no such contractor, subcontractor, material supplier, or other
person or entity shall be deemed to be a third -party beneficiary of any of the provisions
of this Agreement.
18. Notices. Any notice under this Agreement shall be in writing and shall be
delivered in person, by overnight air courier service, by United States registered or
certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one
of the foregoing means), and addressed:
(a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number
319-291-4571, Attention: Mayor, with copies to the City Attorney and the
Community Planning and Development Director.
(b) if to Company, at 4388 Harbin Drive, Waterloo, Iowa 50701,
Attention: Manager.
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in
person, (ii) one (1) business day following deposit for overnight delivery to an overnight
air courier service which guarantees next day delivery, (iii) three (3) business days
following the date of deposit if mailed by United States registered or certified mail,
postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains
written electronic confirmation from the sending facsimile machine that such
transmission was successful. A party may change the address for giving notice by any
method set forth in this Section.
19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or
construed to, create or constitute any joint venture, partnership, agency, employment, or
any other relationship between the City and Company nor to create any liability for one
party with respect to the liabilities or obligations of the other party or any other person.
20. Amendment, Modification, and Waiver. No amendment, modification,
or waiver of any condition, provision, or term of this Agreement shall be valid or of any
effect unless made in writing, signed by the party or parties to be bound or by the duly
authorized representative of same, and specifying with particularity the extent and
nature of the amendment, modification, or waiver. Any waiver by any party of any
default by another party shall not affect or impair any rights arising from any subsequent
default.
9
Page 52 of 330
21. Severability; Reformation. Each provision, section, sentence, clause,
phrase, and word of this Agreement is intended to be severable. If any portion of this
Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the
offending provision or part thereof shall be deemed severed from this Agreement and
the remaining provisions of this Agreement shall not be affected thereby and shall
continue in full force and effect. If a court finds that any portion of this Agreement is
invalid or unenforceable as written, but that by limiting such provision or portion thereof
it would become valid and enforceable, then such provision or portion thereof shall be
deemed to be written, and shall be construed and enforced, as so limited.
22. Captions. All captions, headings, or titles in the paragraphs or sections of
this Agreement are inserted only as a matter of convenience and/or reference, and they
shall in no way be construed as limiting, extending, or describing either the scope or
intent of this Agreement or of any provisions hereof.
23. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
24. 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.
25. Entire Agreement. This Agreement, together with the exhibits attached
hereto, if any, constitutes the entire agreement of the parties and supersedes all prior or
contemporaneous negotiations, discussions, understandings, or agreements, whether
oral or written, with respect to the subject matter hereof.
26. Time of Essence. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Development
Agreement by their duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA BABIC PROPERTIES, LLC
By:
Quentin M. Hart, Mayor
Attest:
Kelley Felchle, City Clerk
10
By: 6i . G,--
Se vedin Babic, Manager
el o
Page 53 of 330
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.
S rvedin Babic
11
Page 54 of 330
EXHIBIT "A"
Description of Property
The Southwesterly 150 feet of Lot No. 7 in Littlefield Addition in Black Hawk County, Iowa.
1
Page 55 of 330
See attached.
EXHIBIT "B"
Building Plans
1
Page 56 of 330
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Page 62 of 330
12
ASPHALT SHINGLE
15# ROOFING FELT OVER
1/2" OSB SHEATHING C/W H-CLIPS
CONTINUOUS AIR VENT BAFFLES
@ 24" O.C. TO BE INSTALLED SO
AIR FLOW IS NOT RESTRICTED
CONTINUOUS EAVES PROTECTIO
ALUMINUM ROOF EDGE
& FASCIA COVER
\I�
ALUMINUM SOFFIT W/
EQUALLY SPACED VENTS
TYPICAL 2 x 6 EXTERIOR WALL:
HORIZONTAL VINYL SIDING
OSB SHEATHING
AIR BARRIER
92 5/8" - 2 x 6 STUDS @ 16" o.c.
R - 21 BATT INSULATION
6 MIL POLY VAPOR BARRIER
1/2" GYPSUM BOARD
TYPICAL 2 x 6 EXTERIOR WALL:
HORIZONTAL VINYL SIDING
OSB SHEATHING
AIR BARRIER
92 5/8" - 2 x 6 STUDS @ 16" o.c.
R - 21 BATT INSULATION
6 MIL POLY VAPOR BARRIER
1/2" GYPSUM BOARD
2X6 SILL PLATE ON GASKET
FASTENED TO FOUNDATION WALL WITH
1/2" DIAMETER ANCHOR BOLTS AT 6'-0" O.C.
GRADE TO BE 6" MIN.
BELOW TOP OF CONC.
FOUNDATION WALL
TYPICAL 8" CONCRETE WALL:
8" CONCRETE
DAMPROOFING AS REQ'D
6" GRAVEL (MINIMUM) ON
4" DIA. WEEPING TILE
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k_5/8" DRYWALL ON
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R-50
INSULATION
TYPICAL I - JOIST FLOOR SYSTEM:
3/4" T&G OSB SUBFLOOR; GLUED & NAILED
11 7/8" I - JOISTS @ 16" o.c.
-R - 19 INSULATION
(2) LAYERS 5/8"
FIRECODE DRYWALL
TYPICAL BASEMENT FLOOR:
4" CONCRETE SLAB c/w
MESH REINFORCEMENT
6 mil POLY VAPOR BARRIER
COMPACTED GRANULAR FILL
REINFORCING BARS
2" RIGID FOAM
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BABIC PROPERTIES 8 - PLEX
SPAHN & ROSE JESUP, IA
Page 63 of 330
WNW
0
/ 0
Request for Development Proposal
1738 Flower Street
March 1, 2024
Bid Tab
$1,000 earnest fee required for this bid
Bidder
Earnest
Fee
Bid
Amount
Improvement
Valuation
Improvement Detail
EIC
Enterprises,
LLC
Yes
$90,501
$396,000
Rehab existing 8-plex.
Wilson Assets
LLC & Concept
to Creation
LLC
Yes
$52,000
$300,000 to
$400,000
Rehab existing 8-plex.
Improvement estimated range
provided, but no detailed cost
estimate provided
Babic
Properties LLC
Yes
$10,000
Missing
Demolish existing 8-plex and
build a new 8-plex. Building
plans provided, but no cost
estimates
Page 65 of 330
EARLY ACCESS AGREEMENT
This Early Access Agreement (the "Agreement") is entered into as of
2024, by and between the City of Waterloo, Iowa ("City") and Babic Properties, LLC (the
"Developer").
WHEREAS, City and Developer are parties to a development agreement concerning a
project to be undertaken by Developer on certain real property located at 1738 Flower Street,
Waterloo (the "Property"); and
WHEREAS, the parties desire that Developer have access to the Property to begin certain
activities before the Property is conveyed to Developer pursuant to the development agreement.
NOW, THEREFORE, in consideration of the future transactions contemplated by the
parties as described above, and in consideration of the mutual promises exchanged herein, the
parties agree as follows:
1. City hereby grants to Developer the right to enter upon the Property to begin
development activities, including but not limited to demolition and site cleanup, subject to
required permitting. The term of this Agreement shall be from the date hereof until the date that
City delivers a deed to Developer for the Property pursuant to a development agreement.
Developer's right to conduct its activities upon the Property is expressly made subject to prior
receipt of applicable zoning, building, and other regulatory approvals. This Agreement does not
authorize Developer to begin any new construction activities.
2. Developer shall, at its own expense, procure and maintain comprehensive public
liability insurance in the amount of not less than $1,000,000 per occurrence. Such insurance
shall cover liability arising from the acts or omissions of Developer, its employees, contractors
and agents, and shall protect the City, its officers, elected officials, employees, and agents,
against any and all claims, damages, costs or expenses (including but not limited to reasonable
attorneys' fees and expenses) arising from or in connection with injury or death to any person or
persons, or loss of or damage to property, by reason of any casualty, accident or other occurrence
on or about the Property during the term of this Agreement. Certificates or copies of said
policies, naming the City as an additional insured, shall be delivered to City before Developer, its
employees, contractors, or agents, enter upon the Property for any purpose.
3. Developer agrees to be responsible for any liability which may arise out of the
acts or omissions of Developer, its employees, agents and contractors, on or about the Property,
and in said connection Developer agrees to indemnify and hold harmless City, its officials,
officers, employees and agents, from and against any and all claims, demands, actions, causes of
action, damages, costs, fines, penalties, and liabilities of any type or nature whatsoever,
including but not limited to reasonable attorneys' fees, arising out of said acts or omissions,
whether sounding in law or equity, in tort or contract, by statute, or otherwise. The duties of
Developer under this paragraph shall survive the expiration or termination of this Agreement.
4. Reserved.
Page 66 of 330
5. Notwithstanding this Agreement, the parties agree to work cooperatively in good
faith to finalize the approval of a development agreement in respect of the Property as
expeditiously as possible.
6. The rights and duties of Developer under this Agreement may not be assigned
without the prior written consent of City. This Agreement is the entire agreement of the parties
concerning the subject matter hereof. It may not be modified or amended without the prior
written consent of the parties. This Agreement is binding on the parties and the respective
successors and assigns of each. This Agreement may be executed in multiple counterparts, each
of which, including signed counterparts transmitted by facsimile or other electronic means, shall
be deemed an original and all of which together shall constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement
by their duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA BABIC PROPERTIES, LLC
By:
Quentin M. Hart, Mayor Selvedin Babic, Manager
Attest:
Kelley Felchle, City Clerk
2
Page 67 of 330
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
May 20, 2024
AGENDA ITEM TITLE
Resolution setting date of public hearing as June 3, 2024, for the sale and conveyance of city -owned
property located east of 127 Conger Street, in the amount of $1.00, to Perry and Michelle M.
Gamblin, including approval of a Development Agreement for construction of an accessory structure,
and instruct the City Clerk to publish notice.
RECOMMENDED COUNCIL ACTION
Approval
SUMMARY STATEMENT AND BACKGROUND INFORMATION
The applicants, Perry and Michelle Gamblin, own their home at 127 Conger Street and are requesting
to buy the adjacent city -owned lot to the east for $1.00 with a development agreement in order to
construct a new accessory structure which will be at least 24' X 24'.
NEIGHBORHOOD IMPACT
The request would improve the neighborhood as it will sell a city -owned lot that was acquired by 657A
with a dilapidated home demolished with a new accessory structure being constructed.
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
N/A
ALTERNATIVE ACTION
LEGAL DESCRIPTION
Lot No. 10 in R.N. Cowin's Addition to the City of Waterloo, Iowa
Page 68 of 330
ATTACHMENTS
1. Gamblin 127 Conger Aerial
2. Development Agreement Gamblin East of 127 Conger St
Page 69 of 330
Cit1 of Waterloo, Iowa
Donn 7f1 of ggn
Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701
After recording, return to Community Planning & Development, 715 Mulberry Street Waterloo, IA 50703.
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of
, 2024, by and between Perry Gamblin and Michelle M. Gamblin
(collectively, "Developer"), and the City of Waterloo, Iowa ("City").
RECITALS
A. Developer owns real property at 127 Conger Street and desires to acquire
abutting real property owned by City, identified as parcel no. 8913-23-228-
002, legally described as set forth on Exhibit "A" attached hereto (the
"Property").
City considers development within the City a benefit to the community and
is willing for the overall good and welfare of the community to provide
financial incentives so as to encourage that goal. City believes that
placement of the Property on the tax rolls and providing for certain
improvements to the Property is in the best interests of the City and in
accordance with the public purposes and provisions of the applicable
State and local laws and requirements under which the project has been
undertaken and is being assisted.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. Safe of Property; Title. Subject to the terms hereof, City shall convey the
Property to Developer for the sum of $1.00 (the "Purchase Price"), receipt of which is
acknowledged. 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 right-of-way easements serving the
Property; and (c) restrictions imposed by the City zoning ordinances and other
applicable law. Developer may, at its own expense, obtain whatever form of title
Page 71 of 330
evidence it desires. 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. Closing shall occur within sixty (60) days after mutual
execution of this Agreement by the parties, on a date mutually agreeable to the parties.
2. improvements by Developer. Developer acknowledges that it has had a
reasonable opportunity to inspect the Property and to conduct other due diligence
related to the Project. Developer 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. Developer shall
construct on the Property a garage with dimensions of no Tess than 24'x24' and shall
properly dispose of all construction debris and seed or sod any ground disturbed by the
project. The work of Developer as described in this Section is 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 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. Developer will be responsible to
clear trees and brush, if any, from the Property at its own cost to allow for construction
of all Improvements. 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."
3. Timeliness of Construction; Possibility of Reverter. The parties agree
that Developer's commitment to cause the Project to be undertaken and to construct the
Improvements in a timely manner constitutes a material inducement for the City to
extend the development incentives provided for in this Agreement, including but not
limited to its commitment to convey the Property to Developer, and that without said
commitment City would not have done so. Subject to Unavoidable Delays (defined
below), the Improvements must be Substantially Completed within twenty-four (24)
months after the date of this Agreement (the "Project Completion Date"). For purposes
of this Agreement, "Substantially Completed" means that the Improvements have been
completed to a state that City in its reasonable judgment considers to be complete,
including but not limited to any final building inspections.
If the Improvements are Substantially Completes on the schedule stated above,
then City may terminate this Agreement as set forth in Section 10, and City shall then
have no further obligation under this Agreement. In any circumstance where
Developer's progress on the Project fails to meet the schedule stated above, then 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 the
Improvements, and if an extension is granted but construction of the Improvements has
not begun within such extended period, then any further time extensions will require
2
Page 72 of 330
consent of the City Council. 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.
4. Reverter of Title; Indemnity. In the event of any reverter of title,
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 that is free and clear of any lien, claim, charge, security interest, mortgage,
encumbrance, property tax or special assessment (collectively, "Liens") arising by or
through Developer. Developer shall pay in full, so as to discharge or satisfy, all Liens
on or against the Property. In connection with any reverter of title, Developer shall not
be entitled to a refund of the Purchase Price. 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 after 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 required by this Section, and for such limited purpose Developer does
hereby irrevocably 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, cost, expense, liability or injury
made, suffered, or incurred as a result of or in connection with the Project, or
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.
5. 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
3
Page 73 of 330
not have a material adverse effect on the business, property, operations, or
condition, financial or otherwise, of Developer.
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.
D. Developer shall make no sale or conveyance of the Property or any
portion thereof separately from sale or conveyance of Developer's own property,
without City's prior written consent.
6. No Encumbrances. Until completion of the Improvements, Developer
agrees that it shall not create, incur, or suffer to exist any Liens on the Property.
Developer may not mortgage the Property or any part thereof for any purpose before
the Improvements are Substantially Completed. Any mortgage in violation of this
Section shall be void.
7. 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.
8. Representations and Warranties of Developer. Developer hereby
represents and warrants as follows:
A. 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.
B. 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
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.
4
Page 74 of 330
9. 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 Developer to cause the Improvements 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, the Property, or this Agreement, without the prior written
consent of City;
C. Failure by any party hereto to substantially observe or perform any
covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement;
D. 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.
10. Remedies.
A. Default by Developer. Whenever any Event of Default in respect of
Developer occurs and is continuing, 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.
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.
5
Page 75 of 330
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.
11. Indemnification. 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 Toss or damage to
property or any injury to or death of any person occurring at or about the Project site or
resulting from any defect in the Improvements. The indemnified parties shall not be
liable for any damage or injury to the persons or property of Developer or its directors,
officers, employees, contractors or agents, or any other person who may be about the
Project site or the Improvements, due to any act of negligence or willful misconduct of
any person, other than any act of negligence or willful misconduct on the part of any
such indemnified party or its officers, employees or agents. The provisions of this
Section shall survive the expiration or termination of this Agreement.
12. 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.
13. 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.
14. 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.
6
Page 76 of 330
15. Notices. Any notice under this Agreement shall be in writing and shall be
delivered in person, by overnight air courier service, or by United States registered or
certified mail, postage prepaid, 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 Developer, at 127 Conger Street, Waterloo, Iowa 50703.
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, or (iii) three (3) business days
following the date of deposit if mailed by United States registered or certified mail,
postage prepaid. A party may change the address for giving notice by any method set
forth in this Section.
16. 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.
17. 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.
18. 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.
19. 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.
7
Page 77 of 330
20. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
21. 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.
22. 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.
23. 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
%"""u
erry amblin
Attest: - �1;� i ch (7b10-
Kelley Felchle, City Clerk Michelle M. Gamblin
8
Page 78 of 330
EXHIBIT "A"
Legal ❑escription of Property
Lot No. 10 in R.N. Cowin's Addition to the City of Waterloo, Iowa.
Page 79 of 330
CITY OF
ATERLO 0
J�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Jamie Knutson, City Engineer
Engineering Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Resolution approving award of bid to Boulder Contracting, LLC, of Grundy Center, Iowa, in the
amount of $238,017.43, approving the contract, bonds, and certificate of insurance, in conjunction
with the FY 2025 Sidewalk Ramp and Trail Repair Program - Zone 4, Contract No. 1106, and
authorizing the Mayor and City Clerk to execute said documents.
RECOMMENDED COUNCIL ACTION
SUMMARY STATEMENT AND BACKGROUND INFORMATION
NEIGHBORHOOD IMPACT
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
ALTERNATIVE ACTION
LEGAL DESCRIPTION
ATTACHMENTS
Page 80 of 330
None
Page 81 of 330
CITY OF
ATERLO 0
J�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Jamie Knutson, City Engineer
Engineering Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Resolution approving award of bid to Boulder Contracting, LLC, of Grundy Center, Iowa, in the
amount of $94,060.66, approving the contract, bonds, and certificate of insurance, in conjunction with
the FY 2024 11 th Street Railroad Crossing Repair Project, Contract No. 1107, and authorizing the
Mayor and City Clerk to execute said documents.
RECOMMENDED COUNCIL ACTION
SUMMARY STATEMENT AND BACKGROUND INFORMATION
NEIGHBORHOOD IMPACT
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
ALTERNATIVE ACTION
LEGAL DESCRIPTION
ATTACHMENTS
Page 82 of 330
None
Page 83 of 330
CITY OF
ATERLO 0
J�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Jamie Knutson, City Engineer
Engineering Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Resolution approving award of bid to Boulder Contracting, LLC, of Grundy Center, Iowa, in the
amount of $53,939.44, approving the contract, bonds, and certificate of insurance, in conjunction with
the FY 2024 Rainbow Drive Railroad Crossing Repair Project, Contract No. 1108, and authorizing the
Mayor and City Clerk to execute said documents.
RECOMMENDED COUNCIL ACTION
SUMMARY STATEMENT AND BACKGROUND INFORMATION
NEIGHBORHOOD IMPACT
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
ALTERNATIVE ACTION
LEGAL DESCRIPTION
ATTACHMENTS
Page 84 of 330
None
Page 85 of 330
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
May 20, 2024
AGENDA ITEM TITLE
Resolution in support of an application by The 415 Walnut Collective, for the Iowa Workforce Housing
Tax Credit Program application to the Iowa Economic Development Authority, to construct three new
market rate apartments within the Walnut Church, located at 415 Walnut Street, including a grant of
$15,000.00 as approved by city council by Resolution No. 2023-047 on January 17, 2023.
RECOMMENDED COUNCIL ACTION
Approval
SUMMARY STATEMENT AND BACKGROUND INFORMATION
The Walnut Church collective is proposing three residential units within the former Walnut Baptist
Church at 415 Walnut Street.
NEIGHBORHOOD IMPACT
This will have a positive impact on the Walnut Neighborhood. The property is currently vacant and will
bring three additional market rate residential units to the area.
DATA, ANALYSIS, AND STRATEGIES
Economic Development. Revitalizing the Walnut Neighbrhood.
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
Nuicance Bonds
ALTERNATIVE ACTION
LEGAL DESCRIPTION
Lots 1 and 2;
All that part of Lots 3, 4, 5 lying within the following described boundaries: Commencing at the
Page 86 of 330
Northwest Comer of said Lot 3; thence East along the North line of said Lot 3 a distance of 20 feet;
thence South along a line which is 20 feet East of and parallel with the West line of said Lots 3 and 4
and an extension thereof to the South line of said Lot 5; thence West along the South line of said Lot
5 to an angle point in said Lot; thence Southwesterly along the Southeasterly line of said Lot to the
Southwesterly line of said Lot; thence Northwesterly along the Southwesterly line of said Lot to the
most Westerly corner of said Lot; thence Northeasterly along the Northwesterly line of said Lot to an
angle point in said Lot; thence North along the West line of said Lots 5, 4 and 3 to the point of
beginning;
All that part of Lot 6 lying within the following described boundaries: Commencing at a point in the
Southwesterly line of said Lot which is 26 feet Northwesterly of the most Westerly comer of Lot 7;
thence Northwesterly along the Southwesterly line of said Lot 6 to the most Westerly corner of said
Lot; thence Northeasterly along the Northwesterly line of said Lot to the angle point in said Lot;
thence East along the North line of said Lot a distance of 12.9 feet; thence South to the place of
beginning;
All in "N. O. Munger's Subdivision", of Block 79 of the Cooley Addition in the City of Waterloo, Iowa.
ATTACHMENTS
1 Habitat for Humanity - Dev Agmnt 415 Walnut 1-17-23 (003)
2. Resolution approval of Development agreement Walnut Church
3. Resolution of Support for Pre -Application Walnut Church
Page 87 of 330
Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701
After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703.
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of
January 17 , 2023, by and between Iowa Heartland Habitat for Humanity
("Company"), 415 Walnut Collective ("Collective") and the City of Waterloo, Iowa
("City"). Company and Collective may be referred to jointly as "Developer."
RECITALS
A. Company is the owner of real property at 415 Walnut Street, Waterloo,
Iowa (the "Property") and, together with Collective, is willing and able to
finance and undertake a rehabilitation of the Property to create three one -
bedroom apartments therein and related improvements.
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) 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. Improvements by Developer. Company and Collective shall collaborate
with each other and make a mutually agreeable allocation of responsibilities between
them with respect to performance of any Project tasks. Developer shall rehabilitate the
existing structure on the Property to construct three (3) one -bedroom apartments
meeting at least the minimum square footage standards of the Habitat for Humanity
organization, completed to a finished state, including installation of exterior features
1
Page 88 of 330
such as driveways and sidewalks, 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 design and site plan 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, 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".
2. Utilities. Developer will be responsible for extending water, sewer,
telephone, telecommunications, electricity, gas and other utility services to any location
on the Property and for payment of any associated connection fees.
3. Incentives. After the Improvements have been Substantially Completed,
Company will be eligible for the following incentives:
A. Grants. As provided in the City's infill housing policy, City will pay
Company a grant of $5,000.00 for timely completion of each unit of the
Improvements, for a total maximum incentive of $15,000.00, payable within sixty
(60) days after City has verified that the Improvements have been Substantially
Completed.
B. Partial Tax Exemption. Because the Property is located in a
designated Consolidated Urban Revitalization Area (CURA), the Property is
eligible for tax exemption consistent with and to the extent provided for in Iowa
law and City ordinance, provided that Company meets all requirements to qualify
for such exemption.
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 Project elements
for which no permit was necessary have been substantially completed. The parties
agree that the Improvements must be Substantially Completed by January 31, 2025,
otherwise Company shall not be eligible for the foregoing incentives.
4. Additional Covenants of Developer. In addition to the other promises,
covenants and agreements of Developer as provided elsewhere in this Agreement,
each Developer agrees as follows:
2
Page 89 of 330
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 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.
C. 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 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. 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.
6. Representations and Warranties of Developer. Each Developer hereby
represents and warrants for itself as follows, and as applicable:
A. 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.
B. Company 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 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.
3
Page 90 of 330
D. The execution and delivery of this Agreement, the consummation of
the transactions contemplated hereby, and the fulfillment of or compliance with
the terms and conditions of this Agreement are not prevented by, limited by, in
conflict with, or result in a violation or breach of, the terms, conditions or
provisions of the articles of organization or operating agreement of Developer or
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.
E. 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
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.
7. Indemnification and Releases.
A. Each 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 a
Developer 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, each 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 a Developer 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 City in writing.
4
Page 91 of 330
C. The provisions of this Section shall survive the expiration or
termination of this Agreement.
8. 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 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 Company of any interest (either directly or indirectly) in
the Property, the Improvements thereon, or this Agreement, without the prior
written consent of City;
C. 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 the Property.
D. Any representation or warranty made by a Developer in this
Agreement, or made by a Developer in any written statement or certificate
furnished by such 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.
9. Remedies.
A. Default by Developer. Whenever any Event of Default in respect of
a Developer 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 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
5
Page 92 of 330
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
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.
10. 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.
11. 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.
12. 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.
6
Page 93 of 330
13. 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 803 W. 5th Street, Waterloo, Iowa 50702,
Attention: Executive Director.
(c) if to Collective, at , Waterloo, Iowa
, Attention:
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.
14. 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.
15. 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.
16. 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
7
Page 94 of 330
thereof shall be deemed to be written, and shall be construed and enforced, as so
limited.
17. 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.
18. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
19. 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.
20. 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.
21. 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 IOWA HEARTLAND HABITAT FOR
HUMANITY
By:
Octerdin �Cr�
By:
Quentin M. Hart, Mayor Ali Parrish, Executive Director
Attest: Kelley Te[chlTe
Kelley Felchle, City Clerk
8
415 WALNUT COLLECTIVE
By: d 9iebev
Matthew Gilbert
Organizer for 415 Walnut Collective
Title:
Page 95 of 330
EXHIBIT "A"
Property Description
Lots 1 and 2;
All that part of Lots 3, 4, 5 lying within the following described boundaries: Commencing
at the Northwest Comer of said Lot 3; thence East along the North line of said Lot 3 a
distance of 20 feet; thence South along a line which is 20 feet East of and parallel with
the West line of said Lots 3 and 4 and an extension thereof to the South line of said Lot
5; thence West along the South line of said Lot 5 to an angle point in said Lot; thence
Southwesterly along the Southeasterly line of said Lot to the Southwesterly line of said
Lot; thence Northwesterly along the Southwesterly line of said Lot to the most Westerly
corner of said Lot; thence Northeasterly along the Northwesterly line of said Lot to an
angle point in said Lot; thence North along the West line of said Lots 5, 4 and 3 to the
point of beginning;
All that part of Lot 6 lying within the following described boundaries: Commencing at a
point in the Southwesterly line of said Lot which is 26 feet Northwesterly of the most
Westerly comer of Lot 7; thence Northwesterly along the Southwesterly line of said Lot
6 to the most Westerly corner of said Lot; thence Northeasterly along the Northwesterly
line of said Lot to the angle point in said Lot; thence East along the North line of said Lot
a distance of 12.9 feet; thence South to the place of beginning;
All in "N. O. Munger's Subdivision", of Block 79 of the Cooley Addition in the City of
Waterloo, Iowa.
1
Page 96 of 330
Prepared LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, (319) 291-4323.
RESOLUTION NO. 2023-047
RESOLUTION APPROVING A DEVELOPMENT
AGREEMENT WITH HABITAT FOR HUMANITY AND THE
415 WALNUT COLLECTIVE, FOR THE REHABILITATION
OF THREE RESIDENTIAL UNITS, LOCATED AT 415
WALNUT STREET, APPROVING A DEVELOPMENT GRANT
IN THE AMOUNT OF $5,000.00 PER UNIT, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SAID DOCUMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
that the Development Agreement dated January 17, 2023, between Habitat for Humanity and The
415 Walnut Collective, approving a Development Grant in the amount of $5,000.00 per unit, for
the rehabilitation of three residential units, located at 415 Walnut Street, and legally described as
follows:
LOTS 1 AND 2; ALL THAT PART OF LOTS 3, 4, 5 LYING WITHIN THE
FOLLOWING DESCRIBED BOUNDARIES: COMMENCING AT THE
NORTHWEST COMER OF SAID LOT 3; THENCE EAST ALONG THE NORTH
LINE OF SAID LOT 3 A DISTANCE OF20 FEET; THENCE SOUTH ALONG A LINE
WHICH IS 20 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
LOTS 3 AND 4 AND AN EXTENSION THEREOF TO THE SOUTH LINE OF SAID
LOT 5; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 5 TO AN
ANGLE POINT IN SAID LOT; THENCE SOUTHWESTERLY ALONG THE
SOUTHEASTERLY LINE OF SAID LOT TO THE SOUTHWESTERLY LINE OF
SAID LOT; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE
OF SAID LOT TO THE MOST WESTERLY COMER OF SAID LOT; THENCE
NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT TO AN
ANGLE POINT IN SAID LOT; THENCE NORTH ALONG THE WEST LINE OF
SAID LOTS 5, 4 AND 3 TO THE POINT OF BEGINNING; ALL THAT PART OF
LOT 6 LYING WITHIN THE FOLLOWING DESCRIBED BOUNDARIES:
COMMENCING AT A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT
WHICH IS 26 FEET NORTHWESTERLY OF THE MOST WESTERLY COMER OF
LOT 7; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF
SAID LOT 6 TO THE MOST WESTERLY COMER OF SAID LOT; THENCE
NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT TO
THE ANGLE POINT IN SAID LOT; THENCE EAST ALONG THE NORTH LINE OF
SAID LOT A DISTANCE OF 12.9 FEET; THENCE SOUTH TO THE PLACE OF
BEGINNING; ALL IN "N. 0. MUNGER'S SUBDIVISION", OF BLOCK 79 OF THE
COOLEY ADDITION IN THE CITY OF WATERLOO, IOWA.
is hereby approved, and the Mayor and City Clerk are authorized and directed to execute said
document on behalf of the City of Waterloo, Iowa.
PASSED AND ADOPTED this 17th day of January 2023.
-R Fetes-55
Ray Feuss, Mayor Pro Tem
ATTEST:
Kelley Felchle
Kelley Felchle, City Clerk
Page 97 of 330
Resolution 2023-047
Page 2
CERTIFICATE
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Resolution No. 2023-047 as passed and adopted by the
City Council of the City of Waterloo, Iowa, on the 17th day of January 2023.
Witness my hand and seal of office this 17th day of January 2023.
Kelley Felchle, City Clerk
SEAL
0
Page 98 of 330
Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2023-041
RESOLUTION SUPPORTING SUBMISSION OF A PRE -
APPLICATION BY HABITAT FOR HUMANITY AND THE 415
WALNUT COLLECTIVE, FOR THE IOWA COMMUNITY
CATALYST BUILDING REMEDIATION PROGRAM, TO
RENOVATE BUILDINGS LOCATED AT 415 WALNUT
STREET, WATERLOO, IOWA.
WHEREAS, the Community Planning and Development Director has requested
permission to submit a pre -application for Habitat for Humanity and The 415 Walnut Collective,
for the Iowa Community Catalyst Building Remediation program, to renovate buildings located
at 415 Walnut Street, Waterloo, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO, IOWA, that the submission of a pre -application for Habitat for Humanity and The
415 Walnut Collective, for the Iowa Community Catalyst Building Remediation program, to
renovate buildings located at 415 Walnut Street, Waterloo, Iowa, is hereby approved.
PASSED AND ADOPTED this 17th day of January 2023.
-Ravi Fe. LA-55
Ray Feuss, Mayor Pro Tem
ATTEST:
?,elley Felchle
Kelley Felchle, City Clerk
SEAL
Page 99 of 330
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
May 20, 2024
AGENDA ITEM TITLE
Resolution in support of an application by The Martin Flats, LLC, for the Iowa Workforce Housing Tax
Credit Program application to the Iowa Economic Development Authority, to construct two new
market rate apartments on the upper level, located at 319 E. 4th Street, including a grant of
$199,000.00 for the overall redevelopment project and fifteen years of rebates at 70 percent as
approved by city council by resolution No. 2023-744 on November 20, 2023.
RECOMMENDED COUNCIL ACTION
Approval
SUMMARY STATEMENT AND BACKGROUND INFORMATION
The Martin Flats will include the redevelopment of 319 E. 4th Street. The first floor will be commercial
space and above there will be two residential units. The developer plans to invest $700,000 into the property
and it will have an assessed value of $993,060.00 upon completion.
NEIGHBORHOOD IMPACT
This will have a positive impact on Downtown. The property is currently vacant and will bring two
additional market rate residential units to the downtown corridor along with additional commercial
space/ professional offices.
DATA, ANALYSIS, AND STRATEGIES
Economic Development. Revitalizing downtown Waterloo.
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
Tax Increment Financing (TIF)
ALTERNATIVE ACTION
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LEGAL DESCRIPTION
The Southwesterly 40 feet of the Southeasterly 95 feet of Lot 4, Block 29, Original Plat, East Side of
the Cedar River, City of Waterloo, Black Hawk County, Iowa.
ATTACHMENTS
1. Martin Flats, LLC - Dev Agmnt & MAA (RECORDED)- 11.20.2023
2. 2023-744-11.20.2023 (RECORDED)
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Doc ID 012043080023 Type GEN
Recorded: 12/01/2023 at 03:25:10 PM
Fee Amt: $117.00 Page 1 of 23
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
Fi1e2024-00007214
Prepared by Christopher S. Wendla
nd, and, P.O. Box 596, Waterloo, IA 50704
DEVELOPMENT AGREEMENT
Phone (319) 234-5701
This Development Agreement (the "Agreement") is entered into as of
, 2023, by and between The Martin Flats, 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 Downtown Waterloo
Urban Renewal and Redevelopment Area ("Urban Renewal Area").
B. Company is willing and able to finance and undertake renovation of
existing structures and make related improvements on property legally
described on Exhibit "A" attached hereto (the "Property") located in the
Urban Renewal Area at 319 E. 4th Street.
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. Development Property. Company is purchasing the Property. Company
will undertake the Project (defined below) upon the Property.
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2. Improvements by Company. Company shall renovate the existing
structure on the Property to create a mixed -use building with commercial office space
on the ground floor and two market -rate apartments on the upper level, and shall make
related parking, streetscaping, storm water, paving, and signage improvements
(collectively, the "Improvements"), in accordance with the Plans as provided in Section
3. Company agrees that the Improvements shall be constructed in accordance with the
terms of this Agreement, the urban renewal plan applicable to the Property, 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 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
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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 Construction; Possibility of Termination. 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 offer
the incentives provided for in this Agreement, and that without said commitment City
would not do so.
A. Deadline to complete. Company must obtain a building permit and
begin construction of the Improvements within 12 months after the date
Company acquires title to the Property and must Substantially Complete
construction within 6 months thereafter (the "Completion Deadline"). For
purposes of this Agreement, "Substantially Complete" means the date on which
the Improvements have been completed pursuant to the Plans or Modified Plans
to the extent necessary for City to issue a certificate of occupancy relating
thereto and City has also 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.
B. Events triggering termination. If Company does not commence or
Substantially Complete construction of the Improvements on the schedule stated
above, then City may terminate this Agreement as set forth in Section 18, and
City shall then have no further obligation under this Agreement. In any
circumstance where Company's progress on the Project fails to meet the
schedule stated above, then 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 the Improvements, and if an extension is
granted but construction of the Improvements has not been Substantially
Completed within such extended period, then any further time extensions will
require consent of the City Council. If development 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
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Completion Deadline shall be tolled for a period of time equal to the period of
Unavoidable Delay.
5. Utilities. Company will be responsible for extending water, sewer,
telephone, telecommunications, electricity, gas and other utility services to any location
on the Property and for payment of any associated connection fees.
6. City Activities to Aid Project. City agrees to undertake each of the
following activities at its own expense:
A. Grant. City will pay Company a grant of $199,000.00 (the "Grant"),
payable on Company's behalf to the seller at closing of Company's purchase of
the Property.
B. Property Tax Rebates. City will pay property tax rebates to
Company as set forth in Section 8.
7. 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
$993,060.00 (the "Minimum Actual Value"), through:
either;
(a) willful destruction of the Property, the Improvements, or any part of
(b) a request to the assessor of Black Hawk County; or
(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.
8. Tax Rebates. Provided that Company has completed Substantially
Completed the Improvements before the Completion Deadline, and subject to the other
terms of this Agreement, City agrees to rebate property tax (with the exceptions noted
below) with respect to the Improvements, as follows:
Year One through Year Fifteen 70% rebate each year
for any taxable value added by the completed Improvements (each such payment is a
"Rebate") over the initial base value of $313,060.00. Each Rebate is payable in respect
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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 taxable value of the Property as a result of the Improvements must be
increased by a minimum of 10% and must increase the annual tax by a minimum of
$500.00. Rebates shall not be paid based on any special assessment levy, debt
service levy, or any other levy that is exempted from treatment as tax increment
financing under the provisions of applicable law. The first Fiscal Year in respect of
which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which
the assessment is based upon the completed value of the Improvements and not based
on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the
Property, or upon (y) the value of the Property and a partial value of the Improvements
due to partial completion of such Improvements or a partial Fiscal Year.
As an example of the above provision, in the event all Improvements on the
Property are Substantially Completed prior to January 1, 2025 and the Property and
Improvements are assessed as fully completed based on the Plans, as may be revised,
the property taxes that would be assessed based on the January 1, 2025 assessed
value would be for the Fiscal Year ending June 30, 2027, with the taxes payable one-
half by September 30, 2026 and one-half by March 31, 2027, then the first Rebate could
be applied for after March 31, 2027 and prior to April 1, 2028.
9. 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
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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 8 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 8 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 8, then City may terminate this Agreement, without penalty or other
liability to City, by written notice to Company.
C. For purposes of this Agreement, "Tax Increments" shall mean the
property tax revenues on the Improvements and Property received by and made
available to City for deposit in an account maintained under this Agreement, the
provisions of Iowa Code § 403.19 and the ordinance governing the Urban
Renewal Plan.
10. 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.
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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 amendment to 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 13 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.
11. 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
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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 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 Improvements as stated in the MAA and any
amendments thereto will be a reasonable estimate of the actual value of the
Property and Improvements for ad valorem property tax purposes. Company
agrees that it will spend enough in construction of the Improvements that, when
combined with the value of the Property and related site improvements, will equal
or exceed the assessor's minimum actual value for the Property and
Improvements as set forth in the MAA and any amendments thereto.
G. Until the MAA termination date Company agrees that 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.
12. 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.
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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.
13. Representations and Warranties of Company. Company hereby
represents and warrants as follows:
A. 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.
B. This Agreement has been duly and validly 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.
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 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.
D. 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.
E. The financing commitments, which Company will proceed with due
diligence to obtain, to finance the construction of the Improvements will be
sufficient to enable Company to successfully complete construction of the
Improvements as contemplated in this Agreement, subject to additional costs
incurred due to Unavoidable Delays.
14. 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
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the Property arising after Company's lease or acquisition of the same or resulting
from any defect in the Improvements. The indemnified parties shall not be liable
for any damage or injury to the persons or property of Company or its directors,
officers, employees, contractors or agents, or any other person who may be
about the Property or the Improvements, due to any act of negligence or willful
misconduct of any person, other than any act of negligence or willful misconduct
on the part of any such indemnified party or its officers, employees or agents.
B. Except for any willful misrepresentation, any willful misconduct, or
any unlawful act of the indemnified parties, Company agrees to protect and
defend the indemnified parties, now or forever, and further agrees to hold the
indemnified parties harmless, from any claim, demand, suit, action or other
proceedings or any type or nature whatsoever by any person or entity
whatsoever that arises or purportedly arises from (1) any violation of any
agreement or condition of this Agreement (except with respect to any suit, action,
demand or other proceeding brought by Company against the City to enforce its
rights under this Agreement), or (2) the acquisition and condition of the Property
and the construction, installation, ownership, and operation of the Improvements,
or (3) any hazardous substance or environmental contamination located in or on
the Property.
C. The provisions of this Section shall survive the expiration or
termination of this Agreement.
15. 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.
16. No Assignment or Conveyance. To protect City's investment in the
Project as represented by the Grant, 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. Notwithstanding the foregoing, Company may
mortgage the Property to a lender as security for financing of Property acquisition
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and/or Project -specific improvements, but for no other purpose. Any mortgage that is
not authorized as required by this Section shall be void, and prospective lenders of
Company are hereby put on notice of such restriction and the effect of any failure to
comply.
17. 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 except as authorized by Section 13 or otherwise as
security for financing of Project improvements;
C. Failure by Company to pay, before delinquency, all ad valorem
property taxes levied on or against any of the Property;
D. Failure by any party hereto to substantially observe or perform any
covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement;
E. Company (1) files any petition in bankruptcy or for any
reorganization, arrangement, composition, readjustment, liquidation, dissolution,
or similar relief under the federal bankruptcy law or any similar state law; (2)
makes an assignment for the benefit of its creditors; (3) admits in writing its
inability to pay its debts generally as they become due; (4) is adjudicated a
bankrupt or insolvent; or if a petition or answer proposing the adjudication of
Company as a bankrupt or its reorganization under any present or future federal
bankruptcy act or any similar federal or state law shall be filed in any court and
such petition or answer shall not be discharged or denied within ninety (90) days
after the filing thereof; or a receiver, trustee or liquidator of Company, or part
thereof, shall be appointed in any proceedings brought against Company and
shall not be discharged within ninety (90) days after such appointment, or if
Company shall consent to or acquiesce in such appointment; or (5) defaults
under any mortgage applicable to any 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.
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18. 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.
(i) 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, including but not limited to the Grant.
(ii) In addition, if Company fails to reimburse the Grant to City in
full within 30 days' of written demand from City, which demand may at
City's option be issued concurrently with the notice of an Event of Default,
then Company agrees that it shall, at its own expense, promptly execute
all documents, including but not limited to a special warranty deed, 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. 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 20 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 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.
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
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Page 113 of 330
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.
19. 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.
20. 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.
21. 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.
22. 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.
13
Page 114 of 330
(b) if to Company, at 225 Eareckson Place, Baltimore, MD 21202, Attn:
Cierra Newman.
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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
14
Page 115 of 330
28. Governing Law; Litigation. This Agreement shall be governed by and
construed and interpreted in accordance with the internal laws of the State of Iowa. The
parties hereby agree and consent, with respect to any action to enforce or defend any
claim, counterclaim, cross -claim, cause of action, or any matter arising from or in any
way related to this Agreement or the transactions contemplated hereby, (a) to WAIVE
ANY RIGHT TO A TRIAL BY JURY; (b) to submit to the exclusive jurisdiction of the
Iowa District Court for Black Hawk County; and (c) to irrevocably waive, to the fullest
extent possible, the defense of any inconvenient forum or improper venue to the
maintenance of any such action or proceeding.
29. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
30. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original and all of which, taken together, shall
constitute one and the same instrument.
31. Entire Agreement. This Agreement, together with the exhibits attached
hereto, constitutes the entire agreement of the parties and supersedes all prior or
contemporaneous negotiations, discussions, understandings, or agreements, whether
oral or written, with respect to the subject matter hereof.
32. Time of Essence. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Development
Agreement by their duly authorized representatives as of the date first set forth above.
[signatures on next page]
15
Page 116 of 330
CITY OF WATERLOO, IOWA THE MARTIN FLATS, LLC
By:
Quentin M. Hart, Mayor
Attest:
Kelley Fe hle, City Clerk
By:
Title: C.Ai�
Cler:/ic F24,1E1) C,
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.
The undersigned hereby agree(s) to be unconditionally bound by all terms, conditions,
consents and obligations of or relating to Company in the Agreement. Liability of
guarantors hereunder is joint and several.
Cierra Newman
16
Page 117 of 330
EXHIBIT "A"
Legal Description of Property
The Southwesterly 40 feet of the Southeasterly 95 feet of Lot 4, Block 29, Original Plat, East Side of the
Cedar River, City of Waterloo, Black Hawk County, Iowa.
Page 118 of 330
EXHIBIT "B"
MINIMUM ASSESSMENT AGREEMENT
This Minimum Assessment Agreement (the "Agreement") is entered into as of
t,;J , 2023, by and among the CITY OF WATERLOO, IOWA ("City"), The
Martin Flats, 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
Downtown Waterloo 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 $993,060.00 (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, 2025 the parties agree
to execute an amendment to this Agreement that will extend the date specified in
Section 2 below.
Page 119 of 330
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,
2055. 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 120 of 330
(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 121 of 330
CITY OF WATERLOO, IOWA
By:
By:
THE MARTIN FLATS, LLC
By:
Quentin Hart, Mayor " Cierra Newman
Managing Member
lej/L,6
Kelley Felch City Clerk
STATE OF IOWA
) ss.
COUNTY OF BLACK HAWK )
On this < day of , 2023, before me, a Notary Public in
and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me
personally known, who being duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to the foregoing
instrument is the seal of said municipal corporation, and that said instrument was signed
and sealed on behalf of said municipal corporation by authority and resolution of its City
Council, and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said municipal corporation by it and by them voluntarily executed.
tawvot-)
NANCY HIGBY
COMMISSION NO.788229
MY GQM, ISS O ;!RES
4
Page 122 of 330
STATE OF
) SS.
COUNTY )
'" 46 ADRIENNE MILLER
T. COMMISSION NO.809109
*
MY COMMISSION EXPIRES
tow* FEBRUARY 23, 2024
Subscribed and sworn to before me on Novc,,,,k,,c aQ , 2023 by Cierra
Newman as Managing Member of The Martin Flats, LLC.
C---Notary Publi
5
Page 123 of 330
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 Tess than
Nine Hundred Ninety -Three Thousand Sixty and 00/100 Dollars ($993,060.00) until
termination of this Minimum Assessment Agreement pursuant to the terms hereof,
subject to adjustment as provided in said agreement.
ssor for Black Hawk County, Iowa
t Z-- -- t — Z 3
Date
STATE OF IOWA
COUNTY OF BLACK HAWK
Subscribed and sworn to before me on
Koenigsfeld, Assessor for Black Hawk Count
ANDERA
I N No. 772518
I @ION EXPIRES
Notary Public
, 2023 by T.J.
Page 124 of 330
Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo lA 50704 Phone (319) 234-5701
DEVELOPMENT AGREEMENT
jj This Development Agreement (the "Agreement") is entered into as of
�Ic.J . 2-0 , 2023, by and between The Martin Flats, 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 Downtown Waterloo
Urban Renewal and Redevelopment Area ("Urban Renewal Area").
B. Company is willing and able to finance and undertake renovation of
existing structures and make related improvements on property legally
described on Exhibit "A" attached hereto (the "Property") located in the
Urban Renewal Area at 319 E. 4th Street.
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. Development Property. Company is purchasing the Property. Company
will undertake the Project (defined below) upon the Property.
Page 125 of 330
2. Improvements by Company. Company shall renovate the existing
structure on the Property to create a mixed -use building with commercial office space
on the ground floor and two market -rate apartments on the upper level, and shall make
related parking, streetscaping, storm water, paving, and signage improvements
(collectively, the "Improvements"), in accordance with the Plans as provided in Section
3. Company agrees that the Improvements shall be constructed in accordance with the
terms of this Agreement, the urban renewal plan applicable to the Property, 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 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
2
Page 126 of 330
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 Construction; Possibility of Termination. 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 offer
the incentives provided for in this Agreement, and that without said commitment City
would not do so.
A. Deadline to complete. Company must obtain a building permit and
begin construction of the Improvements within 12 months after the date
Company acquires title to the Property and must Substantially Complete
construction within 6 months thereafter (the "Completion Deadline"). For
purposes of this Agreement, "Substantially Complete" means the date on which
the Improvements have been completed pursuant to the Plans or Modified Plans
to the extent necessary for City to issue a certificate of occupancy relating
thereto and City has also 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.
B. Events triggering termination. If Company does not commence or
Substantially Complete construction of the Improvements on the schedule stated
above, then City may terminate this Agreement as set forth in Section 18, and
City shall then have no further obligation under this Agreement. In any
circumstance where Company's progress on the Project fails to meet the
schedule stated above, then 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 the Improvements, and if an extension is
granted but construction of the Improvements has not been Substantially
Completed within such extended period, then any further time extensions will
require consent of the City Council. If development 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
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Page 127 of 330
Completion Deadline shall be tolled for a period of time equal to the period of
Unavoidable Delay.
5. Utilities. Company will be responsible for extending water, sewer,
telephone, telecommunications, electricity, gas and other utility services to any location
on the Property and for payment of any associated connection fees.
6. City Activities to Aid Project. City agrees to undertake each of the
following activities at its own expense:
A. Grant. City will pay Company a grant of $199,000.00 (the "Grant"),
payable on Company's behalf to the seller at closing of Company's purchase of
the Property.
B. Property Tax Rebates. City will pay property tax rebates to
Company as set forth in Section 8.
7. 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
$993,060.00 (the "Minimum Actual Value"), through:
(a) willful destruction of the Property, the Improvements, or any part of
either;
(b) a request to the assessor of Black Hawk County; or
(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.
8. Tax Rebates. Provided that Company has completed Substantially
Completed the Improvements before the Completion Deadline, and subject to the other
terms of this Agreement, City agrees to rebate property tax (with the exceptions noted
below) with respect to the Improvements, as follows:
Year One through Year Fifteen 70% rebate each year
for any taxable value added by the completed Improvements (each such payment is a
"Rebate") over the initial base value of $313,060.00. Each Rebate is payable in respect
4
Page 128 of 330
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 taxable value of the Property as a result of the Improvements must be
increased by a minimum of 10% and must increase the annual tax by a minimum of
$500.00. Rebates shall not be paid based on any special assessment levy, debt
service levy, or any other levy that is exempted from treatment as tax increment
financing under the provisions of applicable law. The first Fiscal Year in respect of
which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which
the assessment is based upon the completed value of the Improvements and not based
on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the
Property, or upon (y) the value of the Property and a partial value of the Improvements
due to partial completion of such Improvements or a partial Fiscal Year.
As an example of the above provision, in the event all Improvements on the
Property are Substantially Completed prior to January 1, 2025 and the Property and
Improvements are assessed as fully completed based on the Plans, as may be revised,
the property taxes that would be assessed based on the January 1, 2025 assessed
value would be for the Fiscal Year ending June 30, 2027, with the taxes payable one-
half by September 30, 2026 and one-half by March 31, 2027, then the first Rebate could
be applied for after March 31, 2027 and prior to April 1, 2028.
9. 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
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Page 129 of 330
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 8 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 8 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 8, then City may terminate this Agreement, without penalty or other
liability to City, by written notice to Company.
C. For purposes of this Agreement, "Tax Increments" shall mean the
property tax revenues on the Improvements and Property received by and made
available to City for deposit in an account maintained under this Agreement, the
provisions of Iowa Code § 403.19 and the ordinance governing the Urban
Renewal Plan.
10. 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.
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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 amendment to 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 13 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.
11. 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
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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 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 Improvements as stated in the MAA and any
amendments thereto will be a reasonable estimate of the actual value of the
Property and Improvements for ad valorem property tax purposes. Company
agrees that it will spend enough in construction of the Improvements that, when
combined with the value of the Property and related site improvements, will equal
or exceed the assessor's minimum actual value for the Property and
Improvements as set forth in the MAA and any amendments thereto.
G. Until the MAA termination date Company agrees that 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.
12. 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.
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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.
13. Representations and Warranties of Company. Company hereby
represents and warrants as follows:
A. 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.
B. This Agreement has been duly and validly 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.
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 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.
D. 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.
E. The financing commitments, which Company will proceed with due
diligence to obtain, to finance the construction of the Improvements will be
sufficient to enable Company to successfully complete construction of the
Improvements as contemplated in this Agreement, subject to additional costs
incurred due to Unavoidable Delays.
14. 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
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the Property arising after Company's lease or acquisition of the same or resulting
from any defect in the Improvements. The indemnified parties shall not be liable
for any damage or injury to the persons or property of Company or its directors,
officers, employees, contractors or agents, or any other person who may be
about the Property or the Improvements, due to any act of negligence or willful
misconduct of any person, other than any act of negligence or willful misconduct
on the part of any such indemnified party or its officers, employees or agents.
B. Except for any willful misrepresentation, any willful misconduct, or
any unlawful act of the indemnified parties, Company agrees to protect and
defend the indemnified parties, now or forever, and further agrees to hold the
indemnified parties harmless, from any claim, demand, suit, action or other
proceedings or any type or nature whatsoever by any person or entity
whatsoever that arises or purportedly arises from (1) any violation of any
agreement or condition of this Agreement (except with respect to any suit, action,
demand or other proceeding brought by Company against the City to enforce its
rights under this Agreement), or (2) the acquisition and condition of the Property
and the construction, installation, ownership, and operation of the Improvements,
or (3) any hazardous substance or environmental contamination located in or on
the Property.
C. The provisions of this Section shall survive the expiration or
termination of this Agreement.
15. 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.
16. No Assignment or Conveyance. To protect City's investment in the
Project as represented by the Grant, 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. Notwithstanding the foregoing, Company may
mortgage the Property to a lender as security for financing of Property acquisition
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and/or Project -specific improvements, but for no other purpose. Any mortgage that is
not authorized as required by this Section shall be void, and prospective lenders of
Company are hereby put on notice of such restriction and the effect of any failure to
comply.
17. 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 except as authorized by Section 13 or otherwise as
security for financing of Project improvements;
C. Failure by Company to pay, before delinquency, all ad valorem
property taxes levied on or against any of the Property;
D. Failure by any party hereto to substantially observe or perform any
covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement;
E. Company (1) files any petition in bankruptcy or for any
reorganization, arrangement, composition, readjustment, liquidation, dissolution,
or similar relief under the federal bankruptcy law or any similar state law; (2)
makes an assignment for the benefit of its creditors; (3) admits in writing its
inability to pay its debts generally as they become due; (4) is adjudicated a
bankrupt or insolvent; or if a petition or answer proposing the adjudication of
Company as a bankrupt or its reorganization under any present or future federal
bankruptcy act or any similar federal or state law shall be filed in any court and
such petition or answer shall not be discharged or denied within ninety (90) days
after the filing thereof; or a receiver, trustee or liquidator of Company, or part
thereof, shall be appointed in any proceedings brought against Company and
shall not be discharged within ninety (90) days after such appointment, or if
Company shall consent to or acquiesce in such appointment; or (5) defaults
under any mortgage applicable to any 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.
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18. 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.
(i) 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, including but not limited to the Grant.
(ii) In addition, if Company fails to reimburse the Grant to City in
full within 30 days' of written demand from City, which demand may at
City's option be issued concurrently with the notice of an Event of Default,
then Company agrees that it shall, at its own expense, promptly execute
all documents, including but not limited to a special warranty deed, 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. 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 20 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 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.
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
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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.
19. 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.
20. 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.
21. 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.
22. 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.
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(b) if to Company, at 225 Eareckson Place, Baltimore, MD 21202, Attn:
Cierra Newman.
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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
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28. Governing Law; Litigation. This Agreement shall be governed by and
construed and interpreted in accordance with the internal laws of the State of Iowa. The
parties hereby agree and consent, with respect to any action to enforce or defend any
claim, counterclaim, cross -claim, cause of action, or any matter arising from or in any
way related to this Agreement or the transactions contemplated hereby, (a) to WAIVE
ANY RIGHT TO A TRIAL BY JURY; (b) to submit to the exclusive jurisdiction of the
Iowa District Court for Black Hawk County; and (c) to irrevocably waive, to the fullest
extent possible, the defense of any inconvenient forum or improper venue to the
maintenance of any such action or proceeding.
29. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
30. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original and all of which, taken together, shall
constitute one and the same instrument.
31. Entire Agreement. This Agreement, together with the exhibits attached
hereto, constitutes the entire agreement of the parties and supersedes all prior or
contemporaneous negotiations, discussions, understandings, or agreements, whether
oral or written, with respect to the subject matter hereof.
32. Time of Essence. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Development
Agreement by their duly authorized representatives as of the date first set forth above.
[signatures on next page]
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CITY OF WATERLOO, IOWA THE MARTIN FLATS, LLC
ri
By: L
Quentin M. Hart, Mayor
Attest:
Kelley Fe hle, City Clerk
By:
Title:ect-A.A,cuttti-nteiAkJ f
62:17
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.
The undersigned hereby agree(s) to be unconditionally bound by all terms, conditions,
consents and obligations of or relating to Company in the Agreement. Liability of
guarantors hereunder is joint and several.
Cierra Newman
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EXHIBIT "A"
Legal Description of Property
The Southwesterly 40 feet of the Southeasterly 95 feet of Lot 4, Block 29, Original Plat, East Side of the
Cedar River, City of Waterloo, Black Hawk County, Iowa.
Page 141 of 330
EXHIBIT "B"
MINIMUM ASSESSMENT AGREEMENT
This Minimum Assessment Agreement (the "Agreement") is entered into as of
�NJ 7,6 , 2023, by and among the CITY OF WATERLOO, IOWA ("City"), The
Martin Flats, 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
Downtown Waterloo 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 Tess than $993,060.00 (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, 2025 the parties agree
to execute an amendment to this Agreement that will extend the date specified in
Section 2 below.
Page 142 of 330
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,
2055. 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
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(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 144 of 330
CITY OF WATERLOO, IOWA THE MARTIN FLATS, LLC
By: 1_ By:
Quentin Hart, Mayor Cierra Newman
Managing Member
By:
Kelley Felch
STATE OF IOWA
City Clerk
) ss.
COUNTY OF BLACK HAWK
tpivv&--)
On this 21— day of 1 m ✓ , 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.
T.
NANCY H!CBY
CGMMISSION NO.788229
M1` 4M6dISSJo4IRE3`
4
Page 145 of 330
STATE OF
�a►e 4 COUNTY
) ss.
otki,
two.
ADRIENNE MILLER
COMMISSION NO. 809109
MY COMMISSION EXPIRES
FEBRUARY 23, 2024
Subscribed and sworn to before me on %1ovcinn,O , 2023 by Cierra
Newman as Managing Member of The Martin Flats, LLC.
5
Page 146 of 330
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
Nine Hundred Ninety -Three Thousand Sixty and 00/100 Dollars ($993,060.00) until
termination of this Minimum Assessment Agreement pursuant to the terms hereof,
subject to adjustment as provided in said agreement.
STATE OF IOWA
) ss.
COUNTY OF BLACK HAWK
Assessor for Black Hawk County, Iowa
Date
Subscribed and sworn to before me on , 2023 by T.J.
Koenigsfeld, Assessor for Black Hawk County, Iowa.
Notary Public
Page 147 of 330
IIIIttllllhI IIllhtll III II
Doc ID 012043070002 Type GEN
Recorded: 12/01/2023 at 03:24:45 PM
Fee Amt: $12.00 Page 1 of 2
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
Fi1e2024-0000 00007213
Prepared LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, (319) 291-4323.
RESOLUTION NO. 2023-744
RESOLUTION APPROVING A DEVELOPMENT AND
MINIMUM ASSESSMENT AGREEMENT WITH THE MARTIN
FLATS, LLC, FOR THE REHABILITATION OF 319 E. 4TH
STREET INTO COMMERCIAL AND RESIDENTIAL SPACE,
INCLUDING A GRANT OF $199,000.00, PLUS REBATES FOR
FIFTEEN YEARS AT SEVENTY PERCENT, WITH A
MINIMUM ASSESSED VALUE OF $993,060.00 UPON
COMPLETION, AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE SAID DOCUMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA
AS FOLLOWS:
1. That the Development Agreement dated November 20, 2023, between Martin Flats,
LLC and the City of Waterloo, for the rehabilitation of 319 E. 4th Street into commercial and
residential space, including a grant of $199,000.00, plus rebates for fifteen years at seventy
percent, with a minimum assessed value of $993,060.00 upon completion, and legally described
as follows:
THE SOUTHWESTERLY 40 FEET OF THE SOUTHEASTERLY 95 FEET OF LOT 4,
BLOCK 29, ORIGINAL PLAT, EAST SIDE OF THE CEDAR RIVER, CITY OF
WATERLOO, BLACK HAWK COUNTY, IOWA
is hereby approved.
2. That the Mayor and City Clerk are authorized and directed to execute said documents
on behalf of the City of Waterloo, Iowa.
PASSED AND ADOPTED this 20th day of November 2023.
Quert >i �r
DICTALIV
SIGNEDvof
ATTEST: Quentin Hart, Mayor
7(elley Felchle
Kelley Felchle, City Clerk
DIGITAUY
SIGNED
Page 148 of
Resolution 2023-744
Page 2
CERTIFICATE
I, Kelley Felchle, Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding
is a true and complete copy of Resolution No. 2023-744 as passed and adopted by the City
Council of the City of Waterloo, Iowa, on the 20th day of November 2023.
Witness my hand and seal of office this 20th day of November 2023.
Kelley Felchle
SEAL Kelley Felchle, City Clerk
O 'WI
A 0
✓ �.w
1 k19IA lillilltuilltl{: •
QIG!IAl iY
SIGNED
Page 149 of 330
Prepared LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, (319) 291-4323.
RESOLUTION NO. 2023-744
RESOLUTION APPROVING A DEVELOPMENT AND
MINIMUM ASSESSMENT AGREEMENT WITH THE MARTIN
FLATS, LLC, FOR THE REHABILITATION OF 319 E. 4TH
STREET INTO COMMERCIAL AND RESIDENTIAL SPACE,
INCLUDING A GRANT OF $199,000.00, PLUS REBATES FOR
FIFTEEN YEARS AT SEVENTY PERCENT, WITH A
MINIMUM ASSESSED VALUE OF $993,060.00 UPON
COMPLETION, AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE SAID DOCUMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA
AS FOLLOWS:
1. That the Development Agreement dated November 20, 2023, between Martin Flats,
LLC and the City of Waterloo, for the rehabilitation of 319 E. 4th Street into commercial and
residential space, including a grant of $199,000.00, plus rebates for fifteen years at seventy
percent, with a minimum assessed value of $993,060.00 upon completion, and legally described
as follows:
THE SOUTHWESTERLY 40 FEET OF THE SOUTHEASTERLY 95 FEET OF LOT 4,
BLOCK 29, ORIGINAL PLAT, EAST SIDE OF THE CEDAR RIVER, CITY OF
WATERLOO, BLACK HAWK COUNTY, IOWA
is hereby approved.
2. That the Mayor and City Clerk are authorized and directed to execute said documents
on behalf of the City of Waterloo, Iowa.
PASSED AND ADOPTED this 20th day of November 2023.
ATTEST:
2(elley Felchle
Kelley Felchle, City Clerk
Quertda 9ir�
Quentin Hart, Mayor
Page 150 of 330
Resolution 2023-744
Page 2
CERTIFICATE
I, Kelley Felchle, Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding
is a true and complete copy of Resolution No. 2023-744 as passed and adopted by the City
Council of the City of Waterloo, Iowa, on the 20th day of November 2023.
Witness my hand and seal of office this 20th day of November 2023.
4
ti
0
LAP 0
1 IU iq 11 l I Id •
1 y
(elley Felchle
Kelley Felchle, City Clerk
Page 151 of 330
CITY OF
J
,ATERLOO
�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Martin Petersen, City Attorney
Code Enforcement Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Resolution approving request to certify assessments for unpaid snow, weed mowing and lot clean-
ups, for payments dated January 1, 2023 - March 1, 2024, in the amount of $10,110.03, for properties
listed on attached exhibit "A".
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. ASSESSMENTS 2024 TABS
Page 152 of 330
Page 153 of 330
City of Waterloo
Bad Debt Batch Post Listing
Invoice Due Date Invoiced L
Customer Invoice Type Number Balance B;
Department: WMS_CE - Waste Management/Code Enforcement Trans. Date: 05/31/2024 Trans. Type: Write Off Bad Debt
24046 - JJCK HOLDINGS LLC Sidewalk Snow Removal 2023-00075219 3/28/2023
Sidewalk Snow Removal
24052 SINDT PROPERTIES LLC
Bad Debt Batch Totals: 2 Invoices
Bad Debt Batch Grand Totals: 2 Invoices
2023-00075238 4/17/2023
Page 154 of 330
User: Shannon Steimel Pages: 1 of 1 5/7/2024 7:13:38 AM
Page 155 of 330
_ate Fee Finance Charge
alance Balance Total Balance
Trans. Desc: Snow/ Sidewalk Snow Removal- Assessing to
Taxes
114.00 0.00 0.00
151.12
PARCEL ID
8913-27-978-014
114.00
0.00 0.00 151.12
$265.12 $0.00 $0.00 $265.12
$265.12 $0.00 $0.00 $265.12
8913-27-432-001
Page 156 of 330
Page 157 of 330
City of Waterloo
Bad Debt Batch Post Listing
Invoice Due
Date
Customer Invoice Type Number
Invoiced Balance
Late Fee
Balance
Department: WMS_CE - Waste Management/Code Enforcement Trans. Date: 05/31/2024
24241 -206 RANDOLPH LLC Property Cleanup
22214 - DAVID GREER
MORTUARY SERVICES LL Property Cleanup
24149 - END OF THE ROAD LLC Property Cleanup
24186 - FM -HOLDINGS LLC Property Cleanup
15132 - HEARTLAND RENTAL
PROPERTIES LLC Property Cleanup
24057 - HOWARD ALLEN
Property Cleanup
INVESTMENTS INC
Trans. Type: Write Off Bad Debt Trans. Desc: Junk
2024-00000057 2/29/2024 554.62 0.00
2023-00070617 5/10/2023 141.49 0.00
2024-00000033 12/29/2023 2,150.10 0.00
2024-00000047 2/29/2024 627.57 0.00
2023-00070587 2/16/2023 25031 0.00
2023-00070619 5/10/2023 135.49 0.00
24309 - IAT 100 LLC Property Cleanup 2024-00000053 2/29/2024 574.16 0.00
22306 - LDN PROPERTIES L L C Property Cleanup 2023-00070618 5/10/2023 546.46 0.00
23500 - LIQUIDATOR LLC Property Cleanup 2023-00070646 7/15/2023 200.49 0.00
24156 - O'NEAL PROPERTIES
Property Cleanup •2024-00000027 12/29/2023 353.79 0.00
LLC
23706 - TITAN PROPERTY
Property Cleanup 2023-00070596 2/16/2023 349.49 0.00
INVESTMENTS LLC
23706 - TITAN PROPERTY
Property Cleanup 2023-00070599 2/16/2023 1,559.80 0.00
INVESTMENTS LLC
Bad Debt Batch Totals: 12 Invoices $7,443.77 $0.00
Page 158 of 330
Bad Debt Batch Grand Totals: 12 Invoices $7,443.77 $0 00
User: Shannon Steirnel Pages: 1 of 1 5/7/2024 7:13:26 AM
Page 159 of 330
Finance Charge
Balance
Total Balance
PARCEL ID
/Property Clean Up -Assessing to Taxes
0.00 554.62 8913-26-180-002
8913-13-359-015
0.00 141.49
0.00 2,150.10 8913-26-180-012
0.00 627.57 8913-25-006-009
8912-29-226-006
0.00 25031
8913-23-483-003
0.00 135.49
0.00 574.16 8913-23-235-001
0.00 546.46 8913-36-203-009
0.00 200.49 8913-23-288-011
8913-25-201-008
0.00 353.79
8913-14-457-015
0.00 349.49
8913-26-430-009
0.00 1,559.80
$0.00 $7,443.77
Page 160 of 330
$0.00 $7.443.77
Page 161 of 330
Customer Invoice Type
City of Waterloo
Bad Debt Batch Post Listing
Number
Invoice Due
Date
invoic
ed
Ralanr
Late
Fee
Finance Charge
Balance
Department WMS_CE - Waste Management/Code Enforcement
23501 - ACC 340 LLC Weed Mowing
10122 - ADAIR HOLDINGS LLC Weed Mowing
23451 - ALL RESIDENTIAL
SERVICES LLC Weed Mowing
22460 - ARTHA 3 LLC Weed Mowing
22460 - ARTHA 3 LLC Weed Mowing
22095 - C AND C ASSETS LLC Weed Mowing
22888 - END OF THE ROAD LLC Weed Mowing
24149 - END OF THE ROAD LLC Weed Mowing
24149 - END OF THE ROAD LLC Weed Mowing
23616 - FK IT LLC Weed Mowing
8305 IOWA ACQUISITIONS
21133 - KSBT INVESTMENTS
Weed Mowing
LLC
Trans. Date: 05/31/2024 Trans. Type: Write Off Bad Debt
2024-00000129 9/28/2023 S5.00
2024-00000064 08/2812023 98.21
2024-00000122 9/28/2023 85.00
2024-00000093
2024-00000115
2024-00000052
2024-00000041
2024-00000134
2024-00000143
2024-00000048
2024-00000105
2024-00000138
9/28/2023
9/28/2023
8/28/2023
8/28/2023
9/28/2023
9/28/2023
8/28/2023
85.00
85.00
259.11
107.90
85.00
85.00
122,80
9/28/2023 85
09/28/2023 85.00
Trans. Desc: Weed Mowing- Assessi
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Page 162 of 330
23500 - LIQUIDATOR LLC Weed Mowing 2024-00000128 9/28/2023 85.00 0.00 0.00
23965 - MINCKS PILBIN LLC Weed Mowing
24156 - O'NEAL PROPERTIES
Weed Mowing
LLC
24156 O'NEAL PROPERTIES LLC WEED MOWING
23148 - QUICK CONSTUCTION COMPANY LLC
22183 RESIDENTIAL EQUITY PARTNERS LLC
23197 REVELATIONS INVESTMENTS LLC
23425 SELECT PORTFOLIO SERVICING INC
23706 TITAN PROPERTY INVESTMENTS
20466 TROG BROTHERS LLC
20428 TURN KEY PROPERTY
2024-00000027 8/24/2023 142.91 0,00 0.00
2024-00000053 08/28/2023 122.80 0.00 0.00
2024-00000054 8/28/2023 132.48 0 0
2024-00000136 9/28/2023 85.00 0.00 0.00
9/28/2023 85 0 0
2024-00000107
2024-00000146
2024-00000149
2024-00000028
2024-00000108
2024-00000130
TOAL: $2,401.14
User: Shannon Steirnel Pages: 1 of 2 5/7/2024 7:13:19 AM
9/28/2023 85 0 0
9/28/2023 85 0 0
8/24/2023 139.93 0 0
9/28/2023 85 0 0
9/28/2023 85 0 0
0 0
Page 163 of 330
PARCEL ID
Total Balance
ing To Taxes
85.00
8913-23-288-018
98.21
8913-14-455-020
8913-13-376-007
85.00
85.00 8913-23-288-017
85.00 8913-23-288-018
259.11 8913-23-478-007
107.90 8913-24-429-012
8913-24-184-007
85.00
85.00 8913-26-107-008
122.80
85.00
85.00
8913-23-435-001
8913-24-177-011
8913-25-252-006
Page 164 of 330
as.00 8913-23-288-011
142.91 8913-21-376-003
122.80 8913-14-427-008
132.48 8913-14-427-007
85.00 8913-25-208-003
85 8913-24-180-018
85 8913-26-178-016
85 8913-26-329-020
139.93 8913-26-430-009
85 8913-24-184-001
85 8913-23-428-013
$2,401.14
Page 165 of 330
CITY OF
J
,ATERLOO
�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT MEETING DATE
City Clerk Department May 20, 2024
AGENDA ITEM TITLE
Resolution approving cancellation of assessment for property located at 2306 Clearview Street, in the
amount of $230.67, and authorizing the City Clerk to notify Black Hawk County Treasurer of said
cancellation.
RECOMMENDED COUNCIL ACTION
SUMMARY STATEMENT AND BACKGROUND INFORMATION
Property Assessed in Error
2306 Clearview Street (Parcel No. 891219204002)
Water - $44.66
Sewer - $73.37
Street - $18.60
Garbage - $94.04
Total - $230.67
NEIGHBORHOOD IMPACT
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
ALTERNATIVE ACTION
LEGAL DESCRIPTION
Page 166 of 330
ATTACHMENTS
None
Page 167 of 330
CITY OF
J
,ATERLOO
�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Martin Petersen, City Attorney
Legal Department Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - First Offense
with Byron Mart, 306 Byron Avenue, Waterloo, Iowa, and acceptance of a civil penalty in the amount
of $300.00, and authorizing the Mayor and City Clerk to execute said document.
RECOMMENDED COUNCIL ACTION
Approve Acknowledgment/Settlement Agreement for Tobacco Violation - First Offense with Byron
Mart, 306 Byron Avenue, Waterloo, Iowa 50702, and acceptance of a civil penalty in the amount of
$300.00, and authorizing the Mayor and City Clerk to execute said document.
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
Page 168 of 330
ATTACHMENTS
1. Byron Mart -Acknowledgment -Settlement Agreement for Tobacco Violation -First Offense
2. Order -Tobacco Violation -Byron Mart 306 Byron Avenue -First Offense
Page 169 of 330
IN RE:
BYRON MART
306 BYRON AVENUE ACKNOWLEDGMENT/
WATERLOO, IOWA 50702 SETTLEMENT AGREEMENT
FIRST VIOLATION
I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice
of Hearing and the Complaint in the above Case. I (we) hereby knowingly and voluntarily
acknowledge the facts and allegations contained in the Complaint, attached hereto and
incorporated herein by reference, and knowingly and voluntarily admit that the same are true and
correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory
penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official
"First Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed
a check for the amount of $300.00 made payable to the City of Waterloo to settle the above -
referenced complaint. The above -captioned permit holder hereby waives all jurisdictional
claims.
BYRON MART
By: Fj11_5 i
Date: 0\41.2 412'ti
NOTE: This must be signed by an individual cigarette permittee, or in the case of another
business entity, by individual(s) who have authority to bind the entity.
If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
and waive your appearance at a hearing, this document, properly signed and
dated, along with your $300.00 check made payable to the City of Waterloo,
should be returned to: Martin M. Petersen, Waterloo City Attorney, 715 Mulberry
Street, Waterloo, Iowa, 50703.
Page 170 of 330
BEFORE THE WATERLOO CITY COUNCIL
IN RE:
BYRON MART ORDER ACCEPTING
306 BYRON AVENUE ACKNOWLEDGMENT/SETTLEMENT
WATERLOO, IOWA 50702 AGREEMENT —FIRST VIOLATION
On this day of May, 2024, in lieu of a public hearing on the matter, the
Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between
the above -captioned permittee and the City of Waterloo.
Therefore, the Waterloo City Council FINDS that the above -captioned permittee has
remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars
($300.00). Be advised that this action will count as a First Violation of Iowa Code Section
453A.2(1), pursuant to Iowa Code Section 453A.22(2)(a).
IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied.
Mayor Quentin Hart
ATTEST:
Kelley Felchle, City Clerk
Page 171 of 330
Page 172 of 330
CITY OF
J
,ATERLOO
�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Martin Petersen, City Attorney
Legal Department Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - Second
Offense with West Side Liquor, 919 W. 5th Street, Waterloo, Iowa 50702, and acceptance of a civil
penalty in the amount of $1,500.00, and authorizing the Mayor and City Clerk to execute said
document.
RECOMMENDED COUNCIL ACTION
Approve Acknowledgment/Settlement Agreement for Tobacco Violation - Second Offense with West
Side Liquor, 919 W. 5th Street, Waterloo, Iowa 50702, and acceptance of a civil penalty in the
amount of $1,500.00, and authorizing the Mayor and City Clerk to execute said document.
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
Page 173 of 330
ATTACHMENTS
1. West Side Liquor-Acknowedgment-Settlement Agreement -Tobacco Violation-2nd Offense
2. West Side Liquor -Order
Page 174 of 330
IN RE:
WEST SIDE LIQUOR
919 W. 5TH STREET ACKNOWLEDGMENT/
WATERLOO, IOWA 50702 SETTLEMENT AGREEMENT
SECOND VIOLATION
I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice
of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily
acknowledge the facts and allegations contained in the Complaint, attached hereto and
incorporated herein by reference, and knowingly and voluntarily admit that the same are true and
correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory
penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official
"Second Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) understand
that the penalty for this second violation is a civil penalty of One Thousand Five Hundred
Dollars ($1.,500.00) OR a suspension of my (our) cigarette permit for thirty (30) days, beginning
on the date that will be specified in the official City Order that I will receive. The above -
captioned permit holder hereby waives all jurisdictional claims.
West Side Liquor
Date:
tp
Owner ,
In accordance with Iowa Code §453A.22(2)(b), the above -captioned permittee chooses the
following penalty:
$1,500.00 fine 30-day suspension
NOTE: This must be signed by an individual cigarette perxnittee, or in the case of another
business entity, by individual(s) who have authority to bind the entity.
Page 175 of 330
BEFORE THE WATERLOO CITY COUNCIL
IN RE:
WEST SIDE LIQUOR
919 W. 5TH STREET ORDER ACCEPTING
WATERLOO, IOWA 50702 ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT —SECOND VIOLATION
On this 6th day of May, 2024, in lieu of a public hearing on the matter, the Waterloo City
Council approves the attached Acknowledgment/Settlement Agreement between the above -
captioned permittee and the City of Waterloo.
Pursuant to the Agreement, IT IS THEREFORE ORDERED that:
X a civil penalty in the amount of One Thousand Five Hundred Dollars ($1,500.00)
be assessed against the above -captioned permittee to be paid within sixty (60)
days of the date of this Order. If permittee does not pay the civil penalty within
sixty (60) days, then
a thirty (30) day cigarette permit suspension be executed against the above -
captioned permittee effective the 61 st day after the date of this Order.
This sanction will count as a Second Violation of Iowa Code §453A.2(1), pursuant to Iowa Code
§453A.22(2)(b).
Mayor Quentin Hart
ATTEST:
Kelley Felchle, City Clerk
Page 176 of 330
Page 177 of 330
CITY OF
J
,ATERLOO
�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Randy Bennett, Public Works Division Manager
Public Works Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Resolution authorizing an exception to the City of Waterloo Purchasing Policy for purchasing two
Chevy Traverse vehicles, in the amount of $66,507.20, from Enterprise Fleet Management, for the
Police Department.
RECOMMENDED COUNCIL ACTION
Requesting approval of purchase.
SUMMARY STATEMENT AND BACKGROUND INFORMATION
Vehicles are currently part of the police department leased vehicle program. We will be buying these
vehicles and placing them in our permanent fleet.
NEIGHBORHOOD IMPACT
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
421-11-1100-2117
ALTERNATIVE ACTION
LEGAL DESCRIPTION
ATTACHMENTS
Page 178 of 330
1. City of Waterloo 599335 - Traverse Purchase Invoice
Page 179 of 330
enterprise
FLEET MANAGEMENT
9211 Northpark Dr
Johnston, IA 50131
Customer
Name City of Waterloo
Address 715 Mulberry St
Waterloo, IA
Phone
Customer No. 599335
INVOICE
Date
Acct Manager
AFC
INV599335-2
4/9/2024
Ashlyn Eden
Brett Santiago
Unit #
Description
TOTAL
2696Q8
2696MS
1GNEVGKW3PJ113714 Traverse Invoiced amount is vehicle RBV
$33,462.49
$33,044.71
1GNEVGKW9PJ114379 Traverse Invoiced amount is vehicle RBV
Payment Details
Please make check payable to:
Enterprise FM Trust
Attn: Customer Billings
PO Box 800089
Kansas City, MO 64180
Subtotal
TOTAL
$66,507.20
$66,507.20
We Appreciate Your Business!
Page 180 of 330
CITY OF
J
,ATERLOO
�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Bridgett Wood, Finance Director
Finance Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Motion to accept and place on file the arbitrage results reflecting that a yield reduction liability
payment of $772.27 is due to the Internal Revenue Service for the General Obligation Bonds Series
2019A.
RECOMMENDED COUNCIL ACTION
SUMMARY STATEMENT AND BACKGROUND INFORMATION
We received the results of our arbitration calculations from Berens -Tate Consulting Group reflecting
no positive rebate earnings and a yield reduction liability due to the IRS. To maintain our tax-exempt
status on these bonds, we must pay the yield reduction liability from the profits earned from investing
the proceeds of the bond in a higher -yielding nonpurpose investment. This was caused by the interest
rates on the investment accounts being higher than the interest rates of the bonds. The payment of
the yield reduction liability will protect the City from potential liability from any bondholders. Internal
Revenue Service regulations require that the city make periodic determinations that no arbitrage
rebate or penalty is owed to the Internal Revenue Service when tax-exempt bonds are issued. This
testing is required at each 5-year interval that bond proceeds are unspent and also once the
proceeds are completely spent. The 2019A tax-exempt bond series has been completely spent, thus
requiring this testing now.
NEIGHBORHOOD IMPACT
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
Page 181 of 330
ALTERNATIVE ACTION
LEGAL DESCRIPTION
ATTACHMENTS
1. AROpinion4.30.2024 - 2019GO
Page 182 of 330
BERENS-TATE CONSULTING GROUP
SPECIALIZING IN TAX-EXEMPT BOND SERVICES
April 30, 2024
Bridgett Wood
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
Dear Bridgett:
Enclosed is the arbitrage rebate report for the $6,790,000 General Obligation Bonds, Series 2019A.
The report is through April 30, 2024, and shows no positive rebate earnings and a yield reduction
liability of $772.27. A payment must be made to the United States Treasury by June 29, 2024
in the amount of $772.27.
You need to sign and date the attached IRS Form 8038-T, and send it along with the check to the IRS.
Also, please send me a copy of the signed 8038-T for our records. Make the checks payable to the
"United States Treasury" and on the check include the issuer's name, address, EIN and "Form
8038-T". The form and check must be mailed by June 29, 2024. Do not send along a copy of the
rebate report — only send the check and the 8038-T to the IRS at the following address via certified
mail:
Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201-0027
Please feel free to call me with any questions or comments.
Sincerely,
goL"-a—
Chris D. Berens
Enclosure
10050 REGENCY CIRCLE / SUITE 110 OMAHA, NEBRASKA 68114 • (402) 391-6188 • FAX (402) 391-9037 • WWW.BERENSTATOMrage
183 of 330
Signature
and
Consent
Paid
Preparer
Use Only
Form 8038-T
(Rev. April 2011)
Department of the Treasury
Internal Revenue Service
IGER Reporting Authority
1 )ssuer's name
City of Waterloo, Iowa
Arbitrage Rebate, Yield Reduction
and Penalty in Lieu of Arbitrage Rebate
► Under Sections 143{g)(3) and 148(f)
and Section 103(c)(6)(D) of the Internal Revenue Code of 1954
OMB No. 1545-1219
Check box if Amended Return ►
2 Issuer's employer identification number (EIN)
3 Number and street (or P.O. box no. if mail is not delivered to street address)
715 Mulberry Street
Room/suite
4 Report number (For IRS
Use Only)
1 r ] f
IT I [
5 City, town, or post office, state, and ZIP code
Waterloo, Iowa 50703
6 Date of issue
6/18/2019
7 Name of issue
$6,790,000 General Obligation Bonds, Series 2019A
8 CUSIP number
941647 ZV4
9 Name and title of officer of the issuer or other person whom the IRS may call for more information
Kim Bahr, Assistant Finance Director
10 Telephone number of officer or other person
319-291-4323
11 T pe of issue ►Transportation, Public Safety, Environment, Vehicles, Parks, etc. Issue price ►
11
7,101,366.85
raniArbitrage Rebate and Yield Reduction Payments
Amount
12 Computation date to which this payment relates (MM/DD/YYYY)
13 Arbitrage rebate payment (see instructions) ❑ check box if less than 100%
14 Yield reduction payment (see instructions) ■ check box if less than 100%
04/30/2024
13
of rebate amount . _ .
of yield reduction amount
(see instructions) . .
14
772.27
15 Rebate payment from Qualified Zone Academy Bond (QZAB) defeasance escrow
MilrArri a,......14..._ :._.. _.c - ._.�__- W.-._ -,-
15
16 Number of months since date of issue:
❑ 6 mos ❑ 12 mos ❑ 18 mos ❑ 24 mos ❑ Other. No. of mos ►
17 Penalty in lieu of rebate
18 Date of termination election (MM/DD/YYYY)
19 Penalty upon termination
RIM Late Payments
20 Does failure to pay timely qualify for waiver of penalty (see instructions) . Yes ❑ No ❑
21 Penalty for failure to pay on time (see instructions)
22 Interest on underpayment (see instructions)
MU Total Payment
23 Total payment. Add lines 13, 14, 15, 17, 19, 21, and 22. Enter total here
IZIrY Miscellaneous
24 Unspent proceeds as of this computation date
25 Proceeds used to redeem bonds
26 Gross proceeds used for qualified administrative costs for guaranteed investment contracts (GICs) and
defeasance escrows
27 Fees paid for a qualified guarantee
28 Is the issue a variable rate issue?
29 Did the issuer enter into a hedge?
30 Were gross proceeds invested in a GIC?
Name of provider
Term of hedge
Name of provider
Term of GIC
17
19
21
22
23
24
772.27
0.00
25
0.00
26
27
31 Were any gross proceeds invested beyond an available temporary period?
32 Calcu ations for filing of this form prepared by: ❑ Issuer 0 Preparer: Berens -Tate Consulting Group
Under penalties of perjury, I declare that I have examined this return, and accompanying schedules and statements, and to the best of my knowledge and
belief, they are true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuer's return information, as necessary to
process this return, to the person that I have authorized above.
Yes
0.00
0.00
No
28
29
30
31
Signature of issuer's authorized representative
Print/Type preparer's name
Chris Berens
Bridgett Wood, Finance Director
Date Type or print name and title
Prer's s! nature
Firm's name P. Berens -Tate Consulting Group
Firm's address ► 10050 Regency Circle, Suite 110, Omaha, NE 68114-3721
Date
t! )2.y
For Paperwork Reduction Act Notice, see the separate instructions. Cat. No. 11545Y
Check U if
self-employed
Firm's EIN to -
Phone no.
PTIN
P01246321
47-0731211
402-391-6188
Form 8038-T (Rev. 4-2011)
Page 184 of 330
BERENS-TATE CONSULTING GROUP
SPECIALIZING IN TAX-EXEMPT BOND SERVICES
April 30, 2024
Bridgett Wood
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
RE: City of Waterloo
Black Hawk County, Iowa
$6,790,000 General Obligation Bonds
Series 2019A
Dear Ms. Wood:
The City of Waterloo ("City") has requested that we prepare certain computations related to the above
bonds ("Bonds") from June 18, 2019, the issue date of the Bonds, through April 30, 2024,
("Computation Period"). The scope of our engagement consisted of preparing computations to
determine the rebate amount for the Bonds for the Computation Period under Section 148(f) of the
Internal Revenue Code (as amended, and Final Regulations promulgated thereunder) and this report
is not to be used for any other purpose.
In order to prepare these computations, the City provided us with certain closing documents for the
Bonds, bond proceeds and withdrawal detail, and investment information. The attached exhibits were
prepared using the aforementioned information, as described in the Summary of Computational and
Source Information.
In our opinion, the computations contained in the attached exhibits that were prepared using the
information provided, are mathematically accurate. In the attached exhibits, the computations reflect
for the Computation Period a yield reduction amount of $772.27 and no positive arbitrage rebate
earnings. A payment of $772.27 must be made by June 29, 2024. No further computations are
necessary as long as the Bond Fund is operated as described in the Tax Exemption Certificate and no
additional gross proceeds arise. We have no obligation to update this report because of events
occurring, or information coming to our attention, subsequent to the date of this report.
Very truly yours,
BERENS-TATE CONSULTING GROUP
a, 6 goL"-a-
Chris D. Berens
10050 REGENCY CIRCLE / SUITE 110 OMAHA, NEBRASKA 68114 • (402) 391-6188 • FAX (402) 391-9037 • WWW.BERENSTATOMrage
185 of 330
CITY OF WATERLOO
ARBITRAGE REBATE REPORT
TABLE OF CONTENTS
EXHIBIT
Summary of Computational and Source Information A
Arbitrage Rebate Report (Summary) B
Future Value Report (Detail Calculation - Unrestricted) C
Future Value Report (Detail Calculation - Restricted) D
Notes to the Report E
Page 186 of 330
EXHIBIT A
CITY OF WATERLOO
SUMMARY OF COMPUTATIONAL AND SOURCE INFORMATION
COMPUTATIONAL INFORMATION
1. The issue date of the Bonds is June 18, 2019.
2. Computation of the bond yield and future values are based upon a 30-day month, 360-
day year, and semiannual compounding.
3. The initial offering price of the Bonds is $7,101,366.85 ($6,790,000 par plus
$311,366.85 original issue premium).
4. For cash flow and yield computation purposes, all payments and receipts are assumed
to be paid or received, respectively, as shown in the attached schedules.
SOURCE INFORMATION
The information used to complete the rebate calculation was obtained from the following sources:
BOND DETAIL
Issue date
Amounts and payment dates of
principal and interest
Initial offering price
Deposit and withdrawal of bond proceeds
INVESTMENTS
SOURCE
IRS Form 8038-G
Official Statement
IRS Form 8038-G
Statements provided by the City
Detail of all investment transactions Statements provided by the City
Page 187 of 330
EXHIBIT B
City of Waterloo, Black Hawk County, Iowa
$6,790,000 General Obligation Bonds
Series 2019A
Arbitrage Rebate And Yield Reduction Summary
As of April 30, 2024
YIELD REDUCTION PAYMENT
Cumulative Liability on Restricted Funds
Exhibit D $772.27
Net Earnings on Restricted Funds $772.27
Yield Reduction Payment Required $772.27
ARBITRAGE REBATE
Cumulative Arbitrage on Unrestricted Funds
Exhibit C ($173,948.27)
Future Value of Previous Payments -
Net Earnings on Restricted Funds (see above) 772.27
Yield Reduction Payment Required (see above) (772.27)
Rebate Obligation ($173,948.27)
Page 188 of 330
EXHIBIT C
City of Waterloo, Black Hawk County, Iowa
$6,790,000 General Obligation Bonds
Series 2019A
Future Value Report - Unrestricted
As of April 30, 2024
Computation
Receipt
Future Values @
2.03403835%
Cumulative
Arbitrage
Investment
Yield
Project -Unrestricted
$0.00
($167,119.06)
($167,119.06)
0.92133801%
152 cashflows
Project-MinorPortion
0.00
436.12
436.12
2.38401776%
15 cashflows
Project + .125%
0.00
427.16
427.16
1 cashflows
Computation Credit
0.00
(7,692.49)
(7,692.49)
4 cashflows
Total
$0.00
($173,948.27)
($173,948.27)
Date
Project -Unrestricted
Project-MinorPortion
Project + .125%
Computation Credit
Periods
06/18/2019
($7,063,579.50)
9.73333333
07/01/2019
28,640.90
9.66111111
07/08/2019
32,900.96
9.62222222
07/31/2019
12.84
9.50000000
08/19/2019
23,688.40
9.39444444
08/31/2019
26,119.15
9.33333333
09/09/2019
(23,686.32)
9.28333333
09/16/2019
33,000.00
9.24444444
10/21/2019
806.08
9.05000000
10/28/2019
5,266.57
9.01111111
10/31/2019
12.84
9.00000000
11/18/2019
5,012.47
8.90000000
11/25/2019
80,000.00
8.86111111
11/30/2019
4,399.62
8.83333333
12/09/2019
6,272.26
8.78333333
12/30/2019
38,587.80
8.66666667
12/31/2019
47,755.29
8.66666667
01/06/2020
4,666.00
8.63333333
01/13/2020
10,798.68
8.59444444
01/21/2020
2,489.00
8.55000000
01/27/2020
22,491.14
8.51666667
01/31/2020
(446.65)
8.50000000
02/10/2020
62,551.83
8.44444444
02/17/2020
2,173.20
8.40555556
Page 189 of 330
EXHIBIT C
Date
Project -Unrestricted
Project-MinorPortion
Project + .125%
Computation Credit
Periods
02/24/2020
10,167.19
8.36666667
02/28/2020
77,199.24
8.34444444
03/02/2020
46,595.07
8.32222222
03/09/2020
35,326.88
8.28333333
03/16/2020
12,477.20
8.24444444
03/23/2020
48,329.73
8.20555556
04/06/2020
520,292.19
8.13333333
04/13/2020
30,554.43
8.09444444
04/20/2020
65,353.72
8.05555556
04/27/2020
16,430.21
8.01666667
04/30/2020
11,502.88
8.00000000
05/04/2020
4,621.31
7.97777778
05/11/2020
11,761.69
7.93888889
05/18/2020
43,750.54
7.90000000
05/26/2020
226,643.00
7.85555556
06/01/2020
20,293.19
7.82777778
06/08/2020
63,586.60
7.78888889
06/22/2020
32,036.71
7.71111111
06/29/2020
33,624.97
7.67222222
06/30/2020
2,064.40
7.66666667
07/13/2020
1,466.79
7.59444444
07/20/2020
7,358.49
7.55555556
07/27/2020
52,712.08
7.51666667
08/03/2020
96,660.34
7.48333333
08/11/2020
29,810.44
7.43888889
08/17/2020
10,000.00
7.40555556
08/24/2020
60,399.25
7.36666667
08/31/2020
14,080.00
7.33333333
09/08/2020
102,357.77
7.28888889
09/14/2020
80,924.65
7.25555556
09/21/2020
(97,217.89)
7.21666667
09/28/2020
244,583.11
7.17777778
09/30/2020
(239,154.53)
7.16666667
10/05/2020
1,425.00
7.13888889
10/12/2020
108,570.17
7.10000000
10/19/2020
5,981.82
7.06111111
10/26/2020
69,811.90
7.02222222
10/31/2020
(1,975.66)
7.00000000
11/02/2020
2,056.44
6.98888889
11/09/2020
8,959.10
6.95000000
11/16/2020
5,015.85
6.91111111
11/23/2020
56,867.40
6.87222222
Page 190 of 330
EXHIBIT C
Date
Project -Unrestricted
Project-MinorPortion
Project + .125%
Computation Credit
Periods
11/30/2020
15,682.17
6.83333333
12/07/2020
11,124.62
6.79444444
12/14/2020
2,266.99
6.75555556
12/21/2020
29,006.31
6.71666667
01/04/2021
8,134.24
6.64444444
01/11/2021
130,524.61
6.60555556
01/26/2021
160,055.84
6.52222222
01/31/2021
(0.03)
6.50000000
02/01/2021
25,496.70
6.49444444
02/08/2021
12,185.54
6.45555556
02/15/2021
877.59
6.41666667
02/22/2021
13,785.10
6.37777778
02/28/2021
2,992.00
6.33333333
03/08/2021
34,914.92
6.28888889
03/15/2021
32,317.36
6.25000000
03/22/2021
400.00
6.21111111
03/29/2021
28,375.20
6.17222222
04/05/2021
25,055.76
6.13888889
04/12/2021
23,410.14
6.10000000
04/19/2021
11,015.21
6.06111111
04/26/2021
15,233.17
6.02222222
04/30/2021
18,122.86
6.00000000
05/03/2021
2,012.28
5.98333333
05/10/2021
31,949.16
5.94444444
05/17/2021
46,944.67
5.90555556
05/24/2021
7,218.59
5.86666667
06/01/2021
(16,371.45)
5.82777778
06/07/2021
19,505.09
5.79444444
06/14/2021
72,466.07
5.75555556
06/21/2021
19.02
5.71666667
06/28/2021
151,730.91
5.67777778
06/30/2021
(29,375.32)
5.66666667
06/30/2021
33,926.40
5.66666667
07/12/2021
44,869.41
5.60000000
07/19/2021
43.99
5.56111111
08/02/2021
77,963.58
5.48888889
08/09/2021
10,924.53
5.45000000
08/16/2021
48,530.93
5.41111111
08/23/2021
147,984.06
5.37222222
08/31/2021
533.26
5.33333333
09/07/2021
1,165.77
5.29444444
09/13/2021
2,367.03
5.26111111
Page 191 of 330
EXHIBIT C
Date
Project -Unrestricted
Project-MinorPortion
Project + .125%
Computation Credit
Periods
09/20/2021
11,042.35
5.22222222
09/27/2021
71,654.73
5.18333333
10/04/2021
17,514.96
5.14444444
10/11/2021
10,294.88
5.10555556
10/18/2021
93,158.66
5.06666667
10/25/2021
1,159.93
5.02777778
10/31/2021
18,847.08
5.00000000
11/01/2021
47,693.88
4.99444444
11/08/2021
4,612.97
4.95555556
11/15/2021
106,901.77
4.91666667
11/22/2021
4,033.82
4.87777778
11/30/2021
(924.00)
4.83333333
11/30/2021
143,570.10
4.83333333
12/06/2021
12,811.88
4.80000000
12/13/2021
51,833.87
4.76111111
12/20/2021
86,896.88
4.72222222
12/31/2021
9,742.36
4.66666667
01/03/2022
17,774.60
4.65000000
01/10/2022
106,230.05
4.61111111
01/18/2022
307,710.31
4.56666667
01/24/2022
15,097.80
4.53333333
01/31/2022
8,653.36
4.50000000
01/31/2022
9,041.06
4.50000000
02/07/2022
440,806.74
4.46111111
02/14/2022
29,900.87
4.42222222
02/21/2022
84,505.99
4.38333333
02/28/2022
44,597.94
4.33333333
03/07/2022
64,001.44
4.29444444
03/14/2022
32,581.70
4.25555556
03/21/2022
9,564.12
4.21666667
03/28/2022
29,814.39
4.17777778
04/04/2022
309,754.19
4.14444444
04/11/2022
30,900.98
4.10555556
04/18/2022
8,776.82
4.06666667
04/25/2022
87,171.67
4.02777778
04/30/2022
18,922.04
4.00000000
05/02/2022
48,582.02
3.98888889
05/09/2022
3,000.58
3.95000000
05/16/2022
160,731.48
3.91111111
05/23/2022
356.24
3.87222222
05/31/2022
50.00
3.83333333
06/06/2022
3,442.79
3.80000000
Page 192 of 330
EXHIBIT C
Date
Project -Unrestricted
Project-MinorPortion
Project + .125%
Computation Credit
Periods
06/13/2022
6,340.20
3.76111111
06/18/2022
1,021,288.65
3.73333333
06/18/2022
($100,000.00)
3.73333333
07/17/2023
36,569.97
1.57222222
07/24/2023
8,188.74
1.53333333
08/07/2023
15,412.07
1.46111111
09/05/2023
6,727.50
1.30555556
09/25/2023
2,376.13
1.19444444
10/02/2023
11,590.00
1.15555556
10/16/2023
1,742.19
1.07777778
11/06/2023
4,441.94
0.96666667
11/30/2023
450.00
0.83333333
12/04/2023
7,786.51
0.81111111
01/02/2024
620.33
0.65555556
01/08/2024
5,011.25
0.62222222
02/05/2024
1,954.24
0.47222222
02/12/2024
40.42
0.43333333
04/30/2024
$427.16
0.00000000
05/31/2020
($1,760.00)
7.83333333
05/31/2021
(1,780.00)
5.83333333
05/31/2022
(1,830.00)
3.83333333
05/31/2023
(1,960.00)
1.83333333
$129,064.66
$2,911.29
$427.16
($7,330.00)
Page 193 of 330
EXHIBIT D
City of Waterloo, Black Hawk County, Iowa
$6,790,000 General Obligation Bonds
Series 2019A
Future Value Report - Restricted
As of April 30, 2024
Computation
Receipt
Future Values @
2.15903835%
Cumulative
Arbitrage
Investment
Yield
Project - Restricted
$0.00
$772.27
$772.27
2.38401578%
47 cashflows
Total
$0.00
$772.27
$772.27
Date
Project - Restricted
Periods
06/18/2022
($921,288.65)
3.73333333
06/20/2022
283,856.50
3.72222222
06/27/2022
819.04
3.68333333
06/30/2022
40,000.00
3.66666667
07/05/2022
387.85
3.63888889
07/11/2022
7,174.02
3.60555556
07/18/2022
118.89
3.56666667
07/25/2022
1,145.35
3.52777778
08/01/2022
1,303.99
3.49444444
08/08/2022
82.11
3.45555556
08/15/2022
248.73
3.41666667
08/22/2022
10,335.66
3.37777778
08/29/2022
2,949.00
3.33888889
09/06/2022
1,734.00
3.30000000
09/19/2022
116.00
3.22777778
09/26/2022
960.00
3.18888889
10/03/2022
4,300.02
3.15000000
10/17/2022
79,428.45
3.07222222
10/24/2022
4,316.23
3.03333333
11/07/2022
12,656.01
2.96111111
11/14/2022
12,256.20
2.92222222
11/21/2022
1,534.46
2.88333333
11/28/2022
180,511.08
2.84444444
12/05/2022
12.00
2.80555556
Page 194 of 330
EXHIBIT D
Date
Project - Restricted
Periods
12/12/2022
421.73
2.76666667
12/19/2022
38,372.86
2.72777778
01/03/2023
113.36
2.65000000
01/09/2023
1,031.92
2.61666667
01/17/2023
5,665.33
2.57222222
01/23/2023
505.37
2.53888889
01/30/2023
74,449.18
2.50000000
02/06/2023
1,123.03
2.46666667
02/13/2023
8,547.00
2.42777778
02/27/2023
193.00
2.35000000
03/06/2023
3,105.93
2.30000000
03/20/2023
671.00
2.22222222
03/27/2023
80,012.00
2.18333333
04/03/2023
1,531.86
2.15000000
04/17/2023
237.61
2.07222222
05/08/2023
1,402.46
1.95555556
05/22/2023
6,031.86
1.87777778
06/05/2023
3,775.62
1.80555556
06/20/2023
1,247.49
1.72222222
06/26/2023
1,950.69
1.68888889
06/30/2023
20,312.62
1.66666667
07/10/2023
353.31
1.61111111
07/17/2023
31,947.03
1.57222222
$7,959.20
Page 195 of 330
EXHIBIT E
CITY OF WATERLOO
NOTES TO THE REPORT
1. The bond year end may be chosen by the City, but must fall within 365 days of the bond
delivery date. We used May 31 st as the bond year end.
2. No provision has been made in this report for any debt service fund. Under Section 1.148-
(3)(k) of the Treasury Regulations, a "bona fide debt service fund" for bonds issued after June
30,1993, is not subject to rebate if the average annual debt service on the corresponding bonds
is less than $2,500,000. It appears this provision applies to the Bonds.
3. Purchase and sale prices of all investments are assumed to be at fair market value, exclusive
of administrative or similar expenses, and representative of an arm's length transaction which
did not artificially reduce the rebate amount for the Bonds. We did not analyze the investment
purchases or sales to determine if they were completed at fair market value. In addition, we
have undertaken no responsibility to review the tax exempt status of interest on the Bonds.
Page 196 of 330
CITY OF
J
,ATERLOO
�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Bridgett Wood, Finance Director
Finance Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Motion to accept and place on file the arbitrage results reflecting that a yield reduction liability
payment of $1,182.98 is due to the Internal Revenue Service for the General Obligation Bonds Series
2020A.
RECOMMENDED COUNCIL ACTION
SUMMARY STATEMENT AND BACKGROUND INFORMATION
We received the results of our arbitration calculations from Berens -Tate Consulting Group reflecting
no positive rebate earnings and a yield reduction liability due to the IRS. To maintain our tax-exempt
status on these bonds, we must pay the yield reduction liability from the profits earned from investing
the proceeds of the bond in a higher -yielding nonpurpose investment. This was caused by the interest
rates on the investment accounts being higher than the interest rates of the bonds. The payment of
the yield reduction liability will protect the City from potential liability from any bondholders. Internal
Revenue Service regulations require that the city make periodic determinations that no arbitrage
rebate or penalty is owed to the Internal Revenue Service when tax-exempt bonds are issued. This
testing is required at each 5-year interval that bond proceeds are unspent and also once the
proceeds are completely spent. The 2020A tax-exempt bond series has been completely spent, thus
requiring this testing now.
NEIGHBORHOOD IMPACT
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
Page 197 of 330
ALTERNATIVE ACTION
LEGAL DESCRIPTION
ATTACHMENTS
1. AROpinion4.30.24 - 2020GO
Page 198 of 330
BERENS—TATE CONSULTING GROUP
SPECIALIZING IN TAX-EXEMPT BOND SERVICES
April 30, 2024
Bridgett Wood
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
Dear Bridgett:
Enclosed is the arbitrage rebate report for the $7,025,000 General Obligation Bonds, Series 2020A.
The report is through April 30, 2024, and shows no positive rebate earnings and a yield reduction
liability of $1,182.98. A payment must be made to the United States Treasury by June 29, 2024
in the amount of $1,182.98.
You need to sign and date the attached IRS Form 8038-T, and send it along with the check to the IRS.
Also, please send me a copy of the signed 8038-T for our records. Make the checks payable to the
"United States Treasury" and on the check include the issuer's name, address, EIN and "Form
8038-T". The form and check must be mailed by June 29, 2024. Do not send along a copy of the
rebate report — only send the check and the 8038-T to the IRS at the following address via certified
mail:
Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201-0027
Please feel free to call me with any questions or comments.
Sincerely,
wa
Chris D. Berens
Enclosure
10050 REGENCY CIRCLE / SUITE 110 OMAHA, NEBRASKA 68114 • (402) 391-6188 • FAX (402) 391-9037 • WWW.BERENSTATOMrage
199 of 330
Signature
and
Consent
Paid
Preparer
Use Only
Form 8038-T
(Rev. April 2011)
Department of the Treasury
Internal Revenue Service
USD Reporting Authority
Arbitrage Rebate, Yield Reduction
and Penalty in Lieu of Arbitrage Rebate
► Under Sections 143(g)(3) and 148(f)
and Section 103(c)(6)(D) of the Internal Revenue Code of 1954
Check box if Am
OMB No. 1545-1219
issuer s name
City of Waterloo, Iowa
2 Issuer's employer identification number (EIN)
42-6005327
3 Number and street (or P.O. box no. if mail is not delivered to street address)
715 Mulberry Street
Room/suite
4 Report number (For IRS
Use Only)
n n n
5 City, town, or post office, state, and ZIP code
Waterloo, Iowa 50703
6 Date of issue
6/29I2020
7 Name of issue
$7,025,000 General Obligation Bonds, Series 2020A
8 CUSIP number
941647 E47
9 Name and title of officer of the issuer or other person whom the IRS may call for more information
Kim Bahr, Assistant Finance Director
10 Telephone number of officer or other person
319-291-4323
1pe of issue ► Transportation, Public Safety, etc. Issue price ►
11 7,394,666.70
Arbitrage Rebate and Yield Reduction Payments
Amount
12 Computation date to which this payment relates (MM/DD/YYYI)
13 Arbitrage rebate payment (see instructions) ❑ check box if less than 100%
14 Yield reduction payment (see instructions) ❑ check box if less than 100%
15 Rebate payment from Qualified Zone Academy Bond (QZAB) defeasance escrow
Mein" Et.-,....... I ty '
04/30/2024
13
of rebate amount .
of yield reduction amount
(see instructions) . .
14
1,182.98
15
Irn Lleu of Arbitrage Rebate
16 Number of months since date of issue:
❑ 6 mos ❑ 12 mos ❑ 18 mos ❑ 24 mos ❑ Other. No. of mos ►
17 Penalty in lieu of rebate
18 Date of termination election (MM/DD/YYYY)
19 Penalty upon termination
Late Payments
20 Does failure to pay timely qualify for waiver of penalty (see instructions) . Yes ❑ No ❑
21 Penalty for failure to pay on time (see instructions)
22 interest on underpayment (see instructions)
GEBE Total Payment
23 Total payment. Add fines 13, 14, 15, 17, 19, 21, and 22. Enter total here
OM Miscellaneous
24 Unspent proceeds as of this computation date
25 Proceeds used to redeem bonds
26 Gross proceeds used for qualified administrative costs for guaranteed investment contracts (GICs) and
defeasance escrows
27 Fees paid for a qualified guarantee
28 Is the issue a variable rate issue?
29 Did the issuer enter into a hedge? Name of provider
Term of hedge
30 Were gross proceeds invested in a GIC? Name of provider
Term of GIC
17
19
21
22
24
1,182.98
0.00
25
0.00
26
27
31 Were any gross proceeds invested beyond an available temporary period?
32 Calcu ations for filing of this form prepared by: ❑ Issuer ❑✓ Preparer: Berens -Tate Consulting Group
Under penalties of perjury, I declare that I have examined this return, and accompanying schedules and statements, and to the best of my knowledge and
belief, they are true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuer's return information, as necessary to
process this return, to the person that I have authorized above.
Yes
0.00
0.00
No
28
29
30
31
Signature of issuer's authorized representative
Print/Type preparer's name
Chris Berens
Bridgett Wood, Finance Director
Date P Type or print name and title
Prepprer`s signa
Gam..
Firm's name ► Berens -Tate Consulting Group
Firm's address ► 10050 Regency Circle, Suite 110, Omaha, NE 68114-3721
Date
For Paperwork Reduction Act Notice, see the separate instructions. Cat. No. 11545Y
Check ❑ if
self-employed
Firm's EIN P.
Phone no.
PTIN
P01246321
47-0731211
402-391-6188
Form 8038-T (Rev. 4-2011)
Page 200 of 330
BERENS-TATE CONSULTING GROUP
SPECIALIZING IN TAX-EXEMPT BOND SERVICES
April 30, 2024
Bridgett Wood
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
RE: City of Waterloo
Black Hawk County, Iowa
$7,025,000 General Obligation Bonds
Series 2020A
Dear Ms. Wood:
The City of Waterloo ("City") has requested that we prepare certain computations related to the above
bonds ("Bonds") from June 29, 2020, the issue date of the Bonds, through April 30, 2024,
("Computation Period"). The scope of our engagement consisted of preparing computations to
determine the rebate amount for the Bonds for the Computation Period under Section 148(f) of the
Internal Revenue Code (as amended, and Final Regulations promulgated thereunder) and this report
is not to be used for any other purpose.
In order to prepare these computations, the City provided us with certain closing documents for the
Bonds, bond proceeds and withdrawal detail, and investment information. The attached exhibits were
prepared using the aforementioned information, as described in the Summary of Computational and
Source Information.
In our opinion, the computations contained in the attached exhibits that were prepared using the
information provided, are mathematically accurate. In the attached exhibits, the computations reflect
for the Computation Period a yield reduction amount of $1,182.98 and no positive arbitrage rebate
earnings. A payment of $1,182.98 must be made by June 29, 2024. No further computations are
necessary as long as the Bond Fund is operated as described in the Tax Exemption Certificate and no
additional gross proceeds arise. We have no obligation to update this report because of events
occurring, or information coming to our attention, subsequent to the date of this report.
Very truly yours,
BERENS-TATE CONSULTING GROUP
a, 6 goL"-a-
Chris D. Berens
10050 REGENCY CIRCLE / SUITE 110 OMAHA, NEBRASKA 68114 • (402) 391-6188 • FAX (402) 391-9037 • WWW.BERENSTATOMae 201 of 330
CITY OF WATERLOO
ARBITRAGE REBATE REPORT
TABLE OF CONTENTS
EXHIBIT
Summary of Computational and Source Information A
Arbitrage Rebate Report (Summary) B
Future Value Report (Detail Calculation - Unrestricted) C
Future Value Report (Detail Calculation - Restricted) D
Notes to the Report E
Page 202 of 330
EXHIBIT A
CITY OF WATERLOO
SUMMARY OF COMPUTATIONAL AND SOURCE INFORMATION
COMPUTATIONAL INFORMATION
1. The issue date of the Bonds is June 29, 2020.
2. Computation of the bond yield and future values are based upon a 30-day month, 360-
day year, and semiannual compounding.
3. The initial offering price of the Bonds is $7,394,666.70 ($7,025,000 par plus
$369,666.70 original issue premium).
4. For cash flow and yield computation purposes, all payments and receipts are assumed
to be paid or received, respectively, as shown in the attached schedules.
SOURCE INFORMATION
The information used to complete the rebate calculation was obtained from the following sources:
BOND DETAIL
Issue date
Amounts and payment dates of
principal and interest
Initial offering price
Deposit and withdrawal of bond proceeds
INVESTMENTS
SOURCE
IRS Form 8038-G
Official Statement
IRS Form 8038-G
Statements provided by the City
Detail of all investment transactions Statements provided by the City
Page 203 of 330
EXHIBIT B
City of Waterloo, Black Hawk County, Iowa
$7,025,000 General Obligation Bonds
Series 2020A
Arbitrage Rebate And Yield Reduction Summary
As of April 30, 2024
YIELD REDUCTION PAYMENT
Cumulative Liability on Restricted Funds
Exhibit D $1,182.98
Net Earnings on Restricted Funds $1,182.98
Yield Reduction Payment Required $1,182.98
ARBITRAGE REBATE
Cumulative Arbitrage on Unrestricted Funds
Exhibit C ($70,639.25)
Future Value of Previous Payments -
Net Earnings on Restricted Funds (see above) 1,182.98
Yield Reduction Payment Required (see above) (1,182.98)
Rebate Obligation ($70,639.25)
Page 204 of 330
EXHIBIT C
City of Waterloo, Black Hawk County, Iowa
$7,025,000 General Obligation Bonds
Series 2020A
Future Value Report - Unrestricted
As of April 30, 2024
Computation
Receipt
Future Values @
1.04437109%
Cumulative
Arbitrage
Investment
Yield
Project -Unrestricted
$0.00
($66,230.68)
($66,230.68)
0.51445266%
148 cashflows
Project-MinorPortion
0.00
1,211.40
1,211.40
3.57291679%
10 cashflows
Project + .125%
0.00
60.65
60.65
1 cashflows
Computation Credit
0.00
(5,680.62)
(5,680.62)
3 cashflows
Total
$0.00
($70,639.25)
($70,639.25)
Date
Project -Unrestricted
Project-MinorPortion
Project + .125%
Computation Credit
Periods
06/29/2020
($7,355,929.20)
7.67222222
06/29/2020
31,048.90
7.67222222
06/29/2020
16.05
7.67222222
07/13/2020
38,028.64
7.59444444
07/20/2020
63,065.70
7.55555556
07/31/2020
(525.00)
7.50000000
07/31/2020
16.05
7.50000000
08/11/2020
747,374.43
7.43888889
08/17/2020
2,500.00
7.40555556
08/24/2020
71,463.50
7.36666667
08/31/2020
(2,499.00)
7.33333333
09/08/2020
25,787.96
7.28888889
09/14/2020
1,199.02
7.25555556
09/21/2020
2,631.94
7.21666667
09/28/2020
23,811.47
7.17777778
10/05/2020
10,721.69
7.13888889
10/12/2020
58,056.77
7.10000000
10/19/2020
16,714.34
7.06111111
10/26/2020
68,927.19
7.02222222
10/31/2020
20,072.91
7.00000000
11/02/2020
2,580.51
6.98888889
11/09/2020
16,589.95
6.95000000
11/16/2020
47,316.11
6.91111111
11/23/2020
20,471.50
6.87222222
Page 205 of 330
EXHIBIT C
Date
Project -Unrestricted
Project-MinorPortion
Project + .125%
Computation Credit
Periods
11/30/2020
20,298.56
6.83333333
12/07/2020
114,601.20
6.79444444
12/14/2020
24,685.52
6.75555556
12/21/2020
4,401.29
6.71666667
01/04/2021
3,039.95
6.64444444
01/19/2021
8,738.43
6.56111111
01/26/2021
2,964.11
6.52222222
02/01/2021
1,774.84
6.49444444
02/15/2021
4,620.66
6.41666667
03/08/2021
17,441.85
6.28888889
03/15/2021
20,218.35
6.25000000
03/22/2021
5,001.20
6.21111111
03/29/2021
49,182.90
6.17222222
04/05/2021
37,719.66
6.13888889
04/12/2021
2,613.29
6.10000000
04/19/2021
19,884.83
6.06111111
04/26/2021
29,938.93
6.02222222
04/30/2021
215,639.24
6.00000000
05/10/2021
7,175.39
5.94444444
05/17/2021
20,201.00
5.90555556
05/24/2021
136,403.26
5.86666667
06/01/2021
64,852.13
5.82777778
06/07/2021
90,475.77
5.79444444
06/14/2021
28,962.23
5.75555556
06/21/2021
36,701.02
5.71666667
06/28/2021
68,097.04
5.67777778
06/30/2021
1,127.19
5.66666667
07/06/2021
50,665.39
5.63333333
07/12/2021
60,257.80
5.60000000
07/19/2021
35,940.70
5.56111111
08/02/2021
127,033.06
5.48888889
08/09/2021
54,922.81
5.45000000
08/16/2021
77,872.96
5.41111111
08/23/2021
43,159.45
5.37222222
08/31/2021
70,009.82
5.33333333
08/31/2021
(5,382.98)
5.33333333
08/31/2021
(82.99)
5.33333333
09/07/2021
46,350.35
5.29444444
09/13/2021
4,799.46
5.26111111
09/20/2021
43,567.87
5.22222222
09/27/2021
37,587.93
5.18333333
10/04/2021
23,073.78
5.14444444
Page 206 of 330
EXHIBIT C
Date
Project -Unrestricted
Project-MinorPortion
Project + .125%
Computation Credit
Periods
10/11/2021
3,644.13
5.10555556
10/18/2021
12,345.50
5.06666667
10/25/2021
617.35
5.02777778
11/01/2021
53,785.51
4.99444444
11/08/2021
123,229.06
4.95555556
11/15/2021
52,498.09
4.91666667
11/22/2021
9,680.80
4.87777778
11/30/2021
(121,463.00)
4.83333333
12/06/2021
21,463.76
4.80000000
12/13/2021
296,469.24
4.76111111
12/20/2021
49,484.82
4.72222222
01/03/2022
1,799.90
4.65000000
01/10/2022
24,783.01
4.61111111
01/18/2022
72,205.29
4.56666667
01/24/2022
6,512.28
4.53333333
01/31/2022
7,119.85
4.50000000
01/31/2022
(1,561.90)
4.50000000
02/07/2022
3,485.13
4.46111111
02/21/2022
4,310.15
4.38333333
03/21/2022
953.58
4.21666667
03/28/2022
2,489.64
4.17777778
04/04/2022
10,611.28
4.14444444
04/11/2022
14,121.67
4.10555556
04/18/2022
43.35
4.06666667
05/02/2022
5,740.50
3.98888889
05/09/2022
2,972.50
3.95000000
05/16/2022
0.00
3.91111111
05/23/2022
1,138.64
3.87222222
05/31/2022
4,114.46
3.83333333
06/06/2022
1,924.80
3.80000000
06/13/2022
27,958.74
3.76111111
06/20/2022
321,312.84
3.72222222
06/27/2022
42,362.66
3.68333333
07/05/2022
48,092.66
3.63888889
07/11/2022
148,978.92
3.60555556
07/18/2022
1,000.05
3.56666667
07/25/2022
137,733.38
3.52777778
08/01/2022
38,468.69
3.49444444
08/08/2022
145,938.97
3.45555556
08/15/2022
2,037.67
3.41666667
08/22/2022
60,535.91
3.37777778
08/29/2022
88,919.22
3.33888889
Page 207 of 330
EXHIBIT C
Date
Project -Unrestricted
Project-MinorPortion
Project + .125%
Computation Credit
Periods
09/06/2022
31,523.65
3.30000000
09/12/2022
30,416.47
3.26666667
09/19/2022
45,175.25
3.22777778
09/26/2022
14,331.81
3.18888889
10/03/2022
9,625.58
3.15000000
10/10/2022
10,032.44
3.11111111
10/17/2022
40,781.80
3.07222222
10/24/2022
110.59
3.03333333
11/07/2022
122,081.53
2.96111111
11/14/2022
19,888.61
2.92222222
11/21/2022
32,233.25
2.88333333
11/28/2022
187,712.67
2.84444444
12/05/2022
19,032.81
2.80555556
12/12/2022
28,989.10
2.76666667
12/19/2022
118,485.76
2.72777778
01/03/2023
182,037.78
2.65000000
01/09/2023
200,621.88
2.61666667
01/17/2023
75,413.54
2.57222222
01/23/2023
1,284.76
2.53888889
01/30/2023
31,210.11
2.50000000
02/06/2023
9,905.26
2.46666667
02/13/2023
13,678.60
2.42777778
02/20/2023
2,096.97
2.38888889
02/27/2023
5,866.00
2.35000000
03/06/2023
8,570.86
2.30000000
03/13/2023
41,500.00
2.26111111
03/20/2023
1,701.64
2.22222222
03/27/2023
2,820.34
2.18333333
04/03/2023
103,899.14
2.15000000
04/17/2023
780.00
2.07222222
04/24/2023
271,446.71
2.03333333
05/01/2023
13,506.59
1.99444444
05/08/2023
11,042.30
1.95555556
05/15/2023
32,083.29
1.91666667
05/22/2023
309,370.47
1.87777778
06/05/2023
20,051.32
1.80555556
06/12/2023
34,071.03
1.76666667
06/20/2023
9,177.22
1.72222222
06/26/2023
21,819.00
1.68888889
06/29/2023
604,453.15
1.67222222
06/29/2023
($100,000.00)
1.67222222
10/31/2023
8,164.57
1.00000000
Page 208 of 330
EXHIBIT C
Date
Project -Unrestricted
Project-MinorPortion
Project + .125%
Computation Credit
Periods
11/06/2023
5,795.00
0.96666667
11/13/2023
2,316.35
0.92777778
11/20/2023
44,330.47
0.88888889
12/11/2023
4,632.70
0.77222222
01/02/2024
9,993.33
0.65555556
02/05/2024
9,265.40
0.47222222
03/04/2024
6,949.05
0.31111111
04/15/2024
10,259.07
0.08333333
04/30/2024
$60.65
0.00000000
05/31/2021
($1,780.00)
5.83333333
05/31/2022
(1,830.00)
3.83333333
05/31/2023
(1,960.00)
1.83333333
$62,665.06
$1,705.94
$60.65
($5,570.00)
Page 209 of 330
EXHIBIT D
City of Waterloo, Black Hawk County, Iowa
$7,025,000 General Obligation Bonds
Series 2020A
Future Value Report - Restricted
As of April 30, 2024
Computation
Receipt
Future Values @
1.16937109%
Cumulative
Arbitrage
Investment
Yield
Project - Restricted
$0.00
$1,182.98
$1,182.98
3.57778385%
14 cashflows
Total
$0.00
$1,182.98
$1,182.98
Date
Project - Restricted
Periods
06/29/2023
($504,453.15)
1.67222222
07/03/2023
193,274.29
1.65000000
07/17/2023
4,743.79
1.57222222
07/24/2023
104,923.10
1.53333333
08/07/2023
44,018.06
1.46111111
08/14/2023
33,219.31
1.42222222
08/21/2023
24,186.00
1.38333333
09/05/2023
3,162.85
1.30555556
09/11/2023
19,937.54
1.27222222
09/18/2023
390.00
1.23333333
09/25/2023
32,317.25
1.19444444
10/02/2023
1,655.56
1.15555556
10/23/2023
11,794.62
1.03888889
10/31/2023
32,578.18
1.00000000
$1,747.40
Page 210 of 330
EXHIBIT E
CITY OF WATERLOO
NOTES TO THE REPORT
1. The bond year end may be chosen by the City, but must fall within 365 days of the bond
delivery date. We used May 31 st as the bond year end.
2. No provision has been made in this report for any debt service fund. Under Section 1.148-
(3)(k) of the Treasury Regulations, a "bona fide debt service fund" for bonds issued after June
30,1993, is not subject to rebate if the average annual debt service on the corresponding bonds
is less than $2,500,000. It appears this provision applies to the Bonds.
3. Purchase and sale prices of all investments are assumed to be at fair market value, exclusive
of administrative or similar expenses, and representative of an arm's length transaction which
did not artificially reduce the rebate amount for the Bonds. We did not analyze the investment
purchases or sales to determine if they were completed at fair market value. In addition, we
have undertaken no responsibility to review the tax exempt status of interest on the Bonds.
Page 211 of 330
CITY OF
J
,ATERLOO
�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Greg Ahlhelm, Building Offical
Building Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Motion to approve Change Order No. 1 with Hawkeye Flat Roof Solutions, LLC, of Toledo, Iowa, for a
net increase of $12,500.00, in conjunction with City Hall Roof Repair, and authorizing the Mayor and
City Clerk to execute said document.
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. Change Order No. 1 - City Hall Roof Repair
Page 212 of 330
Page 213 of 330
HAWKEYE
FLAT ROOF SOLUTIONS, LLC
Change Order . L
Estimate #: 155-0181
Date: 05/07/2024
Requested By: Enos Miller
Change Description:
The following changes are requested for the project with the City of Waterloo Iowa:
• Extra tear -off of existing materials.
• Additional labor required.
• Rental of dumpster for disposal.
Reason for Change:
The additional tear -off, labor, and dumpster rental are necessary due to unforeseen circumstances
encountered during the project execution. These additional services were not initially included in the
project scope but are required to ensure the successful completion of the project.
Proposed Solution:
To accommodate the requested changes, an additional amount of $12,500.00 is proposed to cover
the costs associated with extra tear -off, labor, and dumpster rental.
Estimated Cost:
The estimated cost for these changes is $12,500.00.
Approval:
Signature
Date:
Page 214 of 330
CITY OF
ATERLO 0
J�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Jamie Knutson, City Engineer
Engineering Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Motion to approve Change Order No. 04 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net
increase of $34,652.72, in conjunction with FY 2022 Park Avenue Bridge Replacement Project,
Contract No. 1013, DOT Contract No. BRM-CHBP-8155(771)--NB-07, and authorizing the Mayor and
City Clerk to execute said document.
RECOMMENDED COUNCIL ACTION
SUMMARY STATEMENT AND BACKGROUND INFORMATION
NEIGHBORHOOD IMPACT
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
GO Bonds
ALTERNATIVE ACTION
LEGAL DESCRIPTION
ATTACHMENTS
Page 215 of 330
1. CO_04_771_Park Ave_ Dam_ Control_ House_ Power
Page 216 of 330
QIOWADOT
Form 831240 (12-20)
Accounting ID No.(5-digit number): 37969
Accounting ID No. (5-digit number): 37969
CHANGE ORDER
For Local Public Agency Projects
No.: 04 Non -Substantial: 7
Change Order No.: 04
Substantial: 1=1 Administering Office
Concurrence Date
Project Number: BRM-CHBP-8155(771)--NB-07
Contract Work Type:Bridge Replacement - PPCB Local Public Agency: City of Waterloo
Contractor:Peterson Contractors Inc.
Date Prepared: 2024.04.12
You are hereby authorized to make the following changes to the contract documents.
A - Description of change to be made:
Park Avenue, Site 00
Division 1: Add item for field routing and relocation of existing feeder conduit and accompanying power supply and remove existing
conduit and manhole to the Dam Bladder Control House. Field route 3 inch Schedule 40 PVC conduit 30 inches below grade as
noted on Plan Sheet P.1 (revised 05/23/2022) from Dam Bladder Control House to the MidAmerican Energy electrical manhole
located at Sta. 203+80 Rt. Provide conduit, cabling, removals, coordination, and appurtenances. Work shall be according to Section
2523 of the Standard Specifications revised Plan Sheet P.1., and removals as noted on revised Plan Sheet P.1.
8009, add new item for "Electrical Circuts", as per plan.
B - Reason for change:
Existing MidAmerican Energy electrical manhole feeding the existing Dam Bladder Control House will be disrupted by modular
block wall construction during construction and must be fed from the new handhole located at Sta. 203+80 Rt. The actual service
location could not be confirmed at time of design.
C - Settlement for cost(s) of change as follows with items addressed in Sections F and/or G:
8009, Electrical Circuts, LF, agreed unit price.
D - Justification for cost(s) (See I.M. 6.000, Attachment D, Chapter 2.36, for acceptable justification):
8009 Price is reasonably comparable to the Summary of Awarded Unit Prices for similar work while taking into account the
extremely congested nature of the construction area, numerous other utilities to be routed around and the large amount of hand work
necessary.
Data from Summary of Awarded Prices (2022.03 - 2023.02)
Total Quantity Total $ Low Unit $ High Unit $ Wt Avg $
2523-0000200 ELECTRICAL CIRCUITS 131,847.300 LF 2,172,142.46 1.62 82.50 16.47
Using the above data for high unit price and the estimated quantity of 296 LF yields a price of $24,420.00 and 10% overhead
$2442.00 yields $26,862.00.
Contractors estimated breakdown of cost: Materials ($18,360.00), Labor ($12002.47), Equipment ($1,140.00), and prime contractor
allowable overhead ($3,150.25) equals $34,652.72. While this total price is $7,790.72 more than the high price listed in the
Summary of Awarded Prices, considering that this power supply cabling is 4-300CMIL, 1-#2 AWG ground, and the additional cost
for removals, the cost for this work appears reasonable.
Page 1 of 3
Page 217 of 330
C IOWADOT
Form 831240 (12-20)
E - Contract time adjustment: X No Working Days added 0 Working Days added: n Unknown at this time
Justification for selection:
No working days added at this time as it is anticipated to not have an impact on the total contract time used.
Page 2 of 3
Page 218 of 330
QIOWADOT
Form 831240 (12-20)
Accounting ID No.(5-digit number): 37969
Change Order No.: 04
F - Items included in contract:
Participating
For deductions enter as
"-x.xx"
Federal-
aid
State-
aid
Line
Number
Item Description
Unit Price
.xx
Quantity
.xxx
Amount
.xx
Add Row
G - Items not included in contract:
Delete Row
TOTAL
Participating
For deductions enter as
Federal-
aid
State-
aid
Change
Number
Item Number
Item Description
Unit Price
.xx
Quantity
.xxx
Amount
.xx
x
x
8009
2523-0000200
Electrical Circuts, LF
$117.07
296.000
$34,652.72
Add Row Delete Row
TOTAL
$34,652.72
H. Signatures
Signatures will be applied through DocExpress.
Page 3 of 3
Page 219 of 330
CITY OF
J
,ATERLOO
�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT MEETING DATE
City Clerk Department May 20, 2024
AGENDA ITEM TITLE
Motion to approve a Fireworks Display Application by the Waterloo Bucks Ball Club for home games
beginning at 10:00 p.m. for approximately 10 minutes on May 28, June 8, June 15, July 2, July 4, July
6, July 20 and August 3, 2024.
RECOMMENDED COUNCIL ACTION
SUMMARY STATEMENT AND BACKGROUND INFORMATION
NEIGHBORHOOD IMPACT
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
ALTERNATIVE ACTION
LEGAL DESCRIPTION
ATTACHMENTS
None
Page 220 of 330
CITY OF
J
,ATERLOO
�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Rudy Jones, Community Development Director
Community Development Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Motion to approve appointment of Indira Krusko, from the current civil service list, to the position of
Intake Specialist in the Community Development Department, effective May 22, 2024.
RECOMMENDED COUNCIL ACTION
SUMMARY STATEMENT AND BACKGROUND INFORMATION
NEIGHBORHOOD IMPACT
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
ALTERNATIVE ACTION
LEGAL DESCRIPTION
ATTACHMENTS
1. INTAKE -PROJECT SPECIALIST DESCRIPTION-8-31-23
Page 221 of 330
CITY OF
%�'ATERLOO
IOWA
Community of Opportunity
Submit resume by going to www.cityofwaterlooiowa.com
clicking on Career Opportunities, reviewing the position and
following the directions to submit a resume. We will not
accept mailed, faxed, hand -delivered or directly mailed
resumes. This position will posted until filled.
IL SERVICE NOTICE
CITY OF WATERLOO, IOWA
OPEN EXAMINATION
INTAKE/PROJECT SPECIALIST
DEPARTMENT
COMMUNITY PLANNING & DEVELOPMENT
SALARY
$21.00-$23.00 PER HOUR
FLSA
NON-EXEMPT
CIVIL SERVICE
INCLUDED
BARGAINING UNIT
NON -BARGAINING
GENERAL STATEMENT OF DUTIES
Performs complex office/clerical and project specific duties for Community Development. The work is
performed under the general direction of the Community Development Director or designee, but
considerable leeway is granted for the exercise of independent judgment and initiative. No supervisory
responsibilities.
EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only)
These functions are considered essential for successful performance in this job classification.
1. Types forms, reports and routine correspondence required as part of application process for
Community Development assistance; sends variety of letters and notices to applicants requesting
assistance; keeps applicant files up-to-date.
2. Performs initial data entry on applicants, updates and maintains electronic and paper applicant
files including making appropriate entries into the applicant database or other databases.
3. Maintains weekly application system to keep track of due dates for documentation from
applicants and keeps "One Roof" software database up-to-date.
4. Assists applicants with paperwork, explains process and answers questions.
5. Participates in training and team meetings, staff meetings, staff training and participates in
development of positive team relationships.
6. Assists in answering incoming department telephone and provides information based on
knowledge of department policies, regulations and procedures or directs questions to proper staff
person.
7. Compiles data, prepares reports, performs data entry and completes forms on personal computer
using the applicable software including Microsoft Word and Excel and One Roof; operates calculator
and other office equipment.
S. Assists in collection and analysis of a variety of data related to Community Development programs.
9. Compiles data, updates files and assists with monitoring projects for regulation compliance as
directed.
Page 222 of 330
10. Conducts research, interprets and applies technical information related to a variety of Community
Development programs and projects and relays this information to staff in a clear and
understandable format.
11. Prepares and presents written and verbal reports and communications, and prepares and
maintains project logs including work assignments, inspection activities and grants as requested
by the Community Development Director.
12. Participates in strategy and planning related to Community Development programs and
activities.
13. Works independently and with others with minimum supervision.
14. Attends work regularly at the designated place and time.
15. Performs all work duties and activities in accordance with City policies, procedures and City, OSHA
and Community, Planning & Development safety rules and regulations.
16. Performs all other related duties as assigned
REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES
1. Ability to present materials and information in good report form, complete forms and perform
required record keeping.
2. Skilled in use of personal computer and knowledge of related software applications including
Microsoft Word, Excel and Outlook with ability to enter and retrieve information on a computer,
develop computer -generated reports and update records.
3. Ability to read, interpret and follow Federal regulations regarding government -subsidized programs.
4. Ability to work independently with minimum supervision.
5. Ability to work with frequent deadlines with attention to detail and complete tasks and
documentation in a timely manner.
6. Ability to think logically in following instructions and procedures; ability to keep files and reports
organized and up-to-date.
7. Ability to communicate effectively orally and in writing, present facts and findings, give directions
to and respond to questions from the public, coworkers and clients tactfully and in a clear, concise
and easily understandable manner.
8. Ability to maintain effective working relationships with other City employees, supervisors, clients
and the public.
9. Ability to keep accurate and thorough records.
10. Ability to function with independent judgment and skills to plan, organize and implement the goals
and objectives of the Community Development Department.
11. Ability to work with people from a broad variety of social, economic, racial, ethnic, cultural and
educational backgrounds.
ACCEPTABLE EXPERIENCE & TRAINING
1. Associate's Degree in accounting or other business related field with minimum of three years of
experience as an accounting clerk or bookkeeper.
OR
Any equivalent combination of experience and training that provides the knowledge, skills and
abilities necessary to perform the essential functions of the position.
2. Skilled in use of personal computer and other office equipment with knowledge of Microsoft
Word and Excel.
3. Strong written and oral communication skills.
Page 223 of 330
ESSENTIAL PHYSICAL ABILITIES
The following physical abilities are required with or without accommodation.
1. Sufficient speech and hearing that permits the employee to respond to questions from clients,
coworkers and government agency representatives in person or on the telephone.
2. Sufficient personal mobility that permits the employee to safely move about a multi -level office
and access reports, records and files and travel to needed training or work sites.
3. Sufficient vision that permits the employee to operate a personal computer, review documents,
records, files, government rules, regulations and perform other administrative responsibilities.
MISCELLANEOUS
1. The City of Waterloo will conduct a background investigation including employment, education
and criminal history checks on any applicant being considered for this position.
2. Following a conditional offer of employment, the City of Waterloo reserves the right to require a
physical examination, including a drug test, by a physician of the City's choice to determine if an
applicant is capable of performing the essential functions of the position.
3. Must submit to and pass Civil Service examination procedures including an oral interview.
WORK SCHEDULE
Generally 8:00 a.m. to 5:00 p.m. Monday through Friday with a one hour unpaid lunch. Very limited
overtime.
EXAMINATION INFORMATION
Qualified applicants who apply by the deadline date will be required to appear before an oral examination
panel consisting of a minimum of three people who have expertise in the areas being tested. An individual
must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the
oral examination. The top applicants, as ranked by their scores on the oral examination will be the individuals
placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City
of Waterloo shall have one additional point per full year of employment up to a maximum of five points added
to their final score. Honorably discharged men and women from the military or naval forces of the United
States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the
United States shall have five additional points added to their final score upon submission of their DD214 or
ten points added if they were awarded a Purple Heart or have a service connected disability.
ORAL EXAMINATION
Qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral
examination.
Intake/Project Specialist 5.2023
Click Here to Apply
A.A./E.E.O.
Minority, female & disabled individuals are encouraged to apply.
Page 224 of 330
CITY OF
J
,ATERLOO
�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT MEETING DATE
Mayor Department May 20, 2024
AGENDA ITEM TITLE
Chris Fischels, Board/Commission: Design Review Board, Expiration Date: May 20, 2027, 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 - Chris Fischels
Page 225 of 330
CITY DF
' ` ATERLOO CITY OF WATERLOO, IOWA
"'" ""''°"''°''" BOARDS & COMMISSIONS APPLICATION
Date: 04/29/2021
Chris Fischels , request to be appointed to (state preference):
(Name)
1. Iowa
2.
Home Phone: Cell Phone: 319-830-5000
Email Address chris@crfre.com
Work Phone:
Home Address4200 W Schrock Rd., Hudson IA
Employer Fischels Commercial & Residential Group Title Owner
Zip Code 50643
Employer Address 3510 Kimball Ave., Waterloo IA Zip Code 50702
How long have you resided in Waterloo? 15 yrs Email address: Chris crfre.com
List current membership in organizations and offices held:
Past President Board of Realtors, Past President Black Hawk Co. Landlords Assoc.,
Current member Board of Realtors, Owner of Commercial/Residential real estate company
am available for meetings: EA.M. p P.M. E Noon n Evenings
am available to serve on a Board/Commission the entire year: OYes ONo If no, list months
not able to serve:
Briefly explain your qualifications for appointment to a designated Board/Commission:
Successful real estate agent with vast experience in both residential and commercial over the past 20 years
Real estate investment owner since I was 16 with ownership of single family, apartments, warehouse & commercial
Multi -years of experience in residential & commercial real estate development
Additional information and comments that may not be evident from information already on this form:
References (include phone numbers):
Dan Deery 319-240-3500
Kurt Boevers 319-939-5787
I understand this application does not bind me to accept an appointment should it be offered, nor does it
guarantee an appointment to Board/Commission. If selected, I will be available to attend appropriate
training sessions. This a wij.remain valid and on file for one calendar year from above date.
Signature
Rev 02/20/2020
or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA
50703 FAX 291-4286; EMAIL: mayor@waterloo-ia.org; PHONE 291-4301
Page 226 of 330
CITY OF
J
,ATERLOO
�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT
Lance Dunn, Human Resources Director
Human Resources Department
MEETING DATE
May 20, 2024
AGENDA ITEM TITLE
Communication from the Fire Department on notice of the conclusion of employment of Michael
McClelland, Firefighter, effective May 1, 2024, with recommendation of approval of payout of $180.40
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. M.MCCLELLAND PAYOUT 5-20-2024
Page 227 of 330
Page 228 of 330
CITY OF
%TERLOO
To: City Council Members
Re: Notice of Severance
Department Waterloo Fire Rescue
Job Title/Classification
Today's Date: 4/22/2024
Effective Date: 5/12024
Employment Date:
This is to report that the employment of Michael McClelland
with the City of Waterloo has been severed by reason of:
❑ Retired
Disability Related ❑ No ❑ Yes
111 Resigned
❑ Termination
❑ Other
In accordance with City Policy, it is requested to allow payment which consists of the following:
Comments:
16.80
$ 20.50
$ 344.40
0.00
$ 20.50
$ -
0.00
$ 20.50
75%
$ -
8.00
$ 20.50
$ 164.00
0.00
$ 20.50
$ -
-16.00
$ 20.50
$ (328.00)
$ 20.50
$ -
TotalPay►nent
[ $ 180.40
Approved by
G/30-0
Date
Human Resources ?\l T14ch.eZ ' Date_05/03/2024
Routing:
Original to Human Resources by Department
Human Resources will forward original to City Clerk (Copy in Personnel File)
Council Agenda Date: 5/20/2024 KMW ❑ Accruals Dtatus
Page 229 of 330
CITY OF
ATERLO 0
J�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT MEETING DATE
City Clerk Department May 20, 2024
AGENDA ITEM TITLE
Liquor Licenses
a. Casey's General Store #2427, 3035 Logan Ave., Class E Alcohol w/Sunday Sales (Renewal) Exp:
6/14/2025.
b. El Mercadito, 520 La Porte Rd., Class B Alcohol w/Sunday Sales (Renewal) Exp: 6/20/2025.
c. Golden China, 106 Brookeridge Dr., Class C Alcohol w/Sunday Sales (Renewal) Exp: 5/4/2025.
d. Linn Mart, 926 Linn St., Class B Alcohol w/Sunday Sales (Renewal) Exp: 4/17/2025.
e. LuckyWife Wine Slushies, 4022 Sergeant Rd., Special Class C Alcohol w/Outdoor Service and
Sunday Sales (New 5-Day) Exp: 7/21/2024.
f. Lucky Wife Wine Slushies, 4022 Sergeant Rd., Special Class C Alcohol w/Outdoor Service and
Sunday Sales (New 5-Day) Exp: 9/29/2024.
g. Steamboat Gardens, 1740 Falls Ave., Class C Alcohol w/Sunday Sales (Renewal) Exp: 6/13/2025.
h. Smitty's Bar, 709 Jefferson St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal)
Exp: 5/26/2025.
i. The Isle Casino Hotel Waterloo, 777 Isle of Capri Blvd., Class C Alcohol w/Outdoor Service and
Sunday Sales (Renewal) Exp: 4/30/2025.
j. Basal Pizza, 225 W. 4th St., Class C Alcohol w/Outdoor Service and Sunday Sales (Renewal) Exp:
4/30/2025.
RECOMMENDED COUNCIL ACTION
SUMMARY STATEMENT AND BACKGROUND INFORMATION
NEIGHBORHOOD IMPACT
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
Page 230 of 330
SOURCE OF EXPENDITURES
ALTERNATIVE ACTION
LEGAL DESCRIPTION
ATTACHMENTS
None
Page 231 of 330
CITY OF
J
,ATERLOO
�.
COMMUNICATION TO THE WATERLOO CITY COUNCIL
NAME AND DEPARTMENT MEETING DATE
Engineering Department May 20, 2024
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
None
Page 232 of 330
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
May 20, 2024
AGENDA ITEM TITLE
Sale and conveyance of city -owned property located at 708 W. 3rd Street, in the amount of
$2,000.00, to Tramaun Allen, including approval of a Development Agreement and Real Estate
Contract for the rehabilitation of a garage and construction of a fence.
RECOMMENDED COUNCIL ACTION
Approval
SUMMARY STATEMENT AND BACKGROUND INFORMATION
The City of Waterloo owns the property located at 708 W 3rd Street. Habitat for Humanity is
proposing to construct a new home on a majority of the property in question. This agreement would
allow the sale of the northwesterly 45' of the property to be sold to Tramaun Allen for $2,000.00 and
he will need to rehab a garage on the property, as well as construct a fence around his lot. This will
allow for adequate yard space for both Tramaun Allen and Habitat for Humanity.
NEIGHBORHOOD IMPACT
Redevelopment of the lot would have a positive impact on the Church Row neighborhood.
DATA, ANALYSIS, AND STRATEGIES
Infill Development
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
Sale of the City owned lot would be considered by Council through the public hearing process which
requires public notice of the hearing.
SOURCE OF EXPENDITURES
N/A
ALTERNATIVE ACTION
Not approve
LEGAL DESCRIPTION
Page 233 of 330
The Northwesterly 45 feet of Lot No. 6 in Block No. 7 in Leavitt's Addition to the City of Waterloo,
Iowa.
ATTACHMENTS
1. T Allen DA NWIy 45' of 708 W 3rd 4-19-24
2. Habitat & Tramaun Lot
Page 234 of 330
Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701
After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703.
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of
, 2024, by and between Tramaun Allen ("Developer"), and the City
of Waterloo, Iowa ("City").
RECITALS
A. City is the owner of real property on at 708 W. 3rd Street. Developer is the
owner of real property at 316 Randolph Street, which abuts the rear of the
City property, and desires to acquire that portion of the City property that
is legally described as set forth on Exhibit "A" attached hereto (the
"Property").
B. City considers development within the City a benefit to the community and
is willing for the overall good and welfare of the community to provide
financial incentives so as to encourage that goal. City believes that
placement of the Property on the tax rolls and providing for certain
improvements to the Property is in the best interests of the City and in
accordance with the public purposes and provisions of the applicable
State and local laws and requirements under which the project has been
undertaken and is being assisted.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. Sale of Property; Title. Subject to the terms hereof, Developer shall
purchase the Property from City on contract (the "Contract") for the sum of $2,000.00
(the "Purchase Price"), payable half upon Contract execution and half upon City's
conveyance of title. The form of Contract shall be substantially as set forth on Exhibit
"B" attached hereto. Upon Developer's fulfillment of Contract terms, City shall convey
the Property to Developer by quit claim deed, free and clear of all encumbrances arising
Page 235 of 330
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. Developer
may, at its own expense, obtain whatever form of title evidence it desires. 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. Closing
on the Contract shall occur within thirty (30) days after City has removed one or more
trees from the Property, and Closing on Contract fulfillment and deed delivery shall
occur within thirty (30) days after City has verified that the Improvements have been
Substantially Completed (defined below).
2. Improvements by Developer. Developer acknowledges that it has had a
reasonable opportunity to inspect the Property and to conduct other due diligence
related to the Project. Developer 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. Subject to obtaining
a variance to allow the existing garage to remain on the Property, Developer shall make
improvements to the garage, including but not limited to new roof, new siding and new
door, and shall construct a solid -faced fence, in compliance with city ordinances, at
least six (6) feet in height along the southeasterly boundary of the Property, i.e., the
boundary of the property having a current address of 708 W. 3rd Street. The work of
Developer as described in this Section is referred to as the "Improvements"). If the
variance is not granted, then this Agreement shall be terminated and neither party shall
have any further obligations hereunder.
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 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. Developer will be responsible to
clear trees and brush, if any, from the Property at its own cost to allow for construction
of all Improvements. 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."
3. Timeliness of Construction; Possibility of Forfeiture. The parties
agree that Developer's commitment to cause the Project to be undertaken and to
construct the Improvements in a timely manner constitutes a material inducement for
the City to extend the development incentives provided for in this Agreement, including
but not limited to its commitment to enter into the Contract with Developer, and that
without said commitment City would not have done so. Subject to Unavoidable Delays
(defined below), Developer must obtain a building permit and must Substantially
Complete the Improvements no later than twelve (12) months after the date of this
2
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Agreement (the "Project Completion Date"). For purposes of this Agreement,
"Substantially Completed" means the date on which the Improvements have been
completed to a state that City in its reasonable judgment considers to be complete.
If Developer does not Substantially Complete construction of the Improvements
on the schedule stated above, then City may terminate this Agreement as set forth in
Section 10 and may forfeit the Contract as provided by Iowa law, and City shall then
have no further obligation under this Agreement. In any circumstance where
Developer's progress on the Project fails to meet the schedule stated above, then 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 the
Improvements, and if an extension is granted but construction of the Improvements has
not begun within such extended period, then any further time extensions will require
consent of the City Council. 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.
4. Contract Forfeiture; Indemnity. In the event of forfeiture of the Contract,
Developer agrees that it shall indemnify City and hold it harmless with respect to any
demand, claim, cause of action, damage, cost, expense, liability or injury made,
suffered, or incurred as a result of or in connection with the Project, or 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.
5. 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
3
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not have a material adverse effect on the business, property, operations, or
condition, financial or otherwise, of Developer.
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.
D. Developer shall make no sale or conveyance of the Property or any
portion thereof separately from sale or conveyance of Developer's own property,
without City's prior written consent.
6. No Encumbrances. Until City conveys the Property to Developer upon
fulfillment of the Contract, Developer agrees that it shall not create, incur, or suffer to
exist any Liens on the Property. Developer may not mortgage the Property or any part
thereof for any purpose before receiving fee title. Any mortgage in violation of this
Section shall be void.
7. 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.
8. Representations and Warranties of Developer. Developer hereby
represents and warrants as follows:
A. 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.
B. 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
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.
4
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9. 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 Developer to cause the rehabilitation Improvements 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, the Property, or this Agreement, without the prior written
consent of City;
C. Failure by any party hereto to substantially observe or perform any
covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement;
D. 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.
10. Remedies.
A. Default by Developer. Whenever any Event of Default in respect of
Developer occurs and is continuing, 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.
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.
5
Page 239 of 330
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.
11. Indemnification. 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 Project site or
resulting from any defect in the Improvements. The indemnified parties shall not be
liable for any damage or injury to the persons or property of Developer or its directors,
officers, employees, contractors or agents, or any other person who may be about the
Project site or the Improvements, due to any act of negligence or willful misconduct of
any person, other than any act of negligence or willful misconduct on the part of any
such indemnified party or its officers, employees or agents. The provisions of this
Section shall survive the expiration or termination of this Agreement.
12. 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.
13. 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.
14. 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.
6
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15. Notices. Any notice under this Agreement shall be in writing and shall be
delivered in person, by overnight air courier service, or by United States registered or
certified mail, postage prepaid, 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 Developer, at 316 Randolph Street, Waterloo, Iowa 50702.
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, or (iii) three (3) business days
following the date of deposit if mailed by United States registered or certified mail,
postage prepaid. A party may change the address for giving notice by any method set
forth in this Section.
16. 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.
17. 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.
18. 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.
19. 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.
7
Page 241 of 330
20. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
21. 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.
22. 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.
23. 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 Tramaun Allen
Attest:
Kelley Felchle, City Clerk
(-6,e
8
Page 242 of 330
EXHIBIT "A"
Legal Description of Property
The Northwesterly 45 feet of Lot No. 6 in Block No. 7 in Leavitt's Addition to the City of
Waterloo, Iowa.
Page 243 of 330
EXHIBIT "B"
Form of Contract
See attached.
Page 244 of 330
Prepared by: Christopher S. Wendland, P.O. Box 596, Waterloo, IA, 50704. 319-234-5701
Taxpayer address: Tramaun Allen, 316 Randolph Street, Waterloo, IA 50702
REAL ESTATE CONTRACT
This Real Estate Contract (the "Contract"), made and entered into as of , 2024, by and
between City of Waterloo, Iowa ("Seller") and Tramaun Allen ("Buyer"):
WITNESSETH, that the Seller sells to the Buyer and the Buyer purchases the following described real estate
(the "Property") situated in Black Hawk County, State of Iowa, to -wit:
The Northwesterly 45 feet of Lot No. 6 in Block No. 7 in Leavitt's Addition to the City of
Waterloo, Iowa.
SUBJECT TO (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.
INCLUDED in this sale, if located in or on the Property and if owned by Seller, are all fixtures not hereinafter
specifically reserved by Seller in writing.
1. THE TOTAL PURCHASE PRICE for the Property is Two Thousand and 00/100 Dollars ($2,000.00),
payable to Seller at the address designated by Seller from time to time, as follows:
(a) One Thousand Nine Hundred Ninety -Nine Dollars ($1,999.00) upon execution of this Contract.
(b) The balance of the purchase price will be due and payable upon a closing date to be set in
accordance with the terms of that certain Development Agreement between the parties dated
, 2024 (the Development Agreement").
2. POSSESSION is to be given Buyer on the date of execution of this Contract by both parties. Seller
represents that there are no other parties currently in possession.
3. TAXES AND ASSESSMENTS. The Property is currently exempt from property taxes. Buyer will pay all
future general property taxes and special assessments prior to becoming delinquent.
4. INSURANCE. From and after delivery of possession, Buyer shall provide fire and extended coverage
insurance on said premises at least equal to $30,000 in a company acceptable to Seller, all policies to protect the
interest of both parties hereto as their interests may appear. Buyer shall promptly provide to Seller a certificate of
insurance naming Seller as an additional insured.
5. RENTS. Intentionally omitted.
6. TITLE. At the time of final payment hereunder, the Seller shall convey the Property to the Buyer by QUIT
CLAIM DEED. Buyer shall be responsible, at its sole cost and expense, to obtain whatever evidence of title that it
desires.
Page 245 of 330
7. CARE OF PROPERTY. Buyer shall not remove or destroy and improvements currently situated on the
Property, nor shall the Buyer commit waste of the Property. Buyer shall be solely responsible, without claim or
recourse to Seller, for any repairs, maintenance, or upkeep that may be necessary in connection with its occupancy
of the Property.
8. ADVANCEMENT BY SELLER. If Buyer fails to pay such taxes, special assessments, or insurance as
above agreed, Seller may, but need not, pay such taxes, special assessments, insurance, and all sums so expended
shall be due and payable on demand; or such sums so expended may, at the election of Seller, be added to the
principal amount due hereunder and bear interest until paid at the highest legal rate allowable or 12% per annum,
whichever is less, compounded monthly.
9. JOINT TENANCY PRESERVED. Intentionally omitted.
10. ADDITIONAL TERMS. The parties further agree as follows:
(a) Seller does not make, and has not made, any representation or warranty concerning the Property or
its condition or fitness for use for any particular purpose. The Property is sold to Buyer "AS IS."
(b) Buyer may not sell, transfer or assign its interest in this Contract without the prior written consent of
Seller.
(c) Property is subject to the terms of the Development Agreement between the parties, including but
not limited to the possibility of Contract forfeiture.
(e) Included in the sale and purchase at no additional consideration are all fixtures and other personal
property of any type or nature that is located in or upon the Property, all of which are sold to Buyer
"AS IS."
(f) Buyer acknowledges that it has had a full and fair opportunity to enter upon and inspect the Property
and/or to have the Property inspected by contractors of its own choosing.
11. TIME IS OF THE ESSENCE of this Contract. Failure promptly to assert rights of Seller hereunder shall
not, however, be a waiver of such rights or a waiver of any existing or subsequent default.
12. DEFAULT. If the Buyer fails to perform any of the terms of this Contract or the Development Agreement,
the Seller may forfeit this Contract as provided by Iowa law governing the forfeiture of real estate contracts, and if
this Contract is forfeited, Buyer shall thereafter be considered as a tenant holding over after termination of a lease.
Upon completion of such forfeiture, all sums previously paid Seller hereunder and all improvements placed on the
Property by Buyer shall become the absolute property of Seller as liquidated damages for the breach of this Contract
and as rent for the premises. In the event of compliance with the terms of the notice of forfeiture of this Contract,
Buyer shall pay the cost of serving said notice.
13. ACCELERATION. If Buyer fails for thirty days to perform any one or more of the terms of this Contract,
the Seller may, without further notice, declare the entire amount of the balance unpaid hereunder immediately due
and payable; and thereafter, at the option of the Seller, this Contract may be foreclosed and a receiver may be
appointed to take charge of said premises and collect the rents and profits therefrom to be applied as may be directed
by the Court, and Buyer agrees to pay reasonable attorney fees therefor.
14. PERSONAL PROPERTY. If this Contract includes the sale of any personal property, then in the event of
the forfeiture or foreclosure of this Contract, the personalty shall be considered indivisible from the real estate above
described; and any such termination of Buyer's rights in said real estate shall concurrently operate as the forfeiture
or foreclosure hereof against all such personal property.
15. MORTGAGE BY SELLER. Intentionally omitted.
16. CERTIFICATION. Buyer and Seller each certify that they are not acting, directly or indirectly, for or on
behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department
as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity,
nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of
Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person,
group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and
against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs)
arising from or related to my breach of the foregoing certification.
2
Page 246 of 330
17. BUYER'S RIGHTS UNDER ENCUMBRANCE. Seller shall pay all interest and principal on all
encumbrance of the Property created or suffered by Seller when the same become due, and in the event of a failure
on Seller's part to make any such payment before it becomes delinquent, Buyer may pay the same and receive credit
hereon for the amount so paid. If Buyer is acquiring the Property from an equity holder, rather than from a titleholder,
or in event there is a mortgage against the Property, then, in either of those events, Buyer hereby reserves the right,
if reasonably necessary for his protection, to split the payments pro rata among the interested payees.
18. GENERAL TERMS; CONSTRUCTION. This Contract shall be binding upon the heirs, personal
representatives, successors and assigns of the respective parties hereto. It represents the entire agreement of the
parties and may not be amended without the express written consent of both parties. The singular masculine gender
is used to refer to the parties in this Contract. Such terms shall be construed to include the feminine and neuter
genders and the plural number, if applicable.
19. COUNTERPARTS. This Contract may be executed in any number of counterparts, all of which, taken
together, shall constitute one and the same instrument.
SELLER BUYER
City of Waterloo, Iowa
By:
Quentin Hart, Mayor Tramaun Allen
Attest:
Kelley Felchle, City Clerk
STATE OF IOWA
) ss.
BLACK HAWK COUNTY )
On this day of , 2024, 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
[acknowledgments continue on next page]
3
Page 247 of 330
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
This record was acknowledged before me on , 2024, by Tramaun Allen.
Notary Public
4
Page 248 of 330
Cali of Waterloo, Iowa
Page 249 of 330
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
May 20, 2024
AGENDA ITEM TITLE
2024-2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract re-
bid for city -owned lots generally maintained by the Planning and Zoning Department.
RECOMMENDED COUNCIL ACTION
approval
SUMMARY STATEMENT AND BACKGROUND INFORMATION
The City of Waterloo through its Dilapidated Housing Task force has acquired properties over the last several
years using Iowa Code 657A and other means. A majority of the properties have been demolished and are
vacant lots, but some still have homes or other structures on them. Lots owned by the City of Waterloo must
be maintained, including mowing. This bid will select a mowing contractor for the lots for the 2024 and 2025
mowing seasons. There are approximately 244 lots, 10 of which are over an acre. This project originally
had a bid opening on 4/4/24, but due to several complications with bids, and two bids being
withdrawn, on 4/29 the Council approved an action rejecting all bids and setting a new date of bid
opening and hearing.
NEIGHBORHOOD IMPACT
The request will have a positive impact on neighborhoods by ensuring City owned Tots are properly mowed and
do not become a nuisance to neighborhoods.
DATA, ANALYSIS, AND STRATEGIES
Property Maintenance
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
Nuisance abatement
ALTERNATIVE ACTION
Page 250 of 330
LEGAL DESCRIPTION
ATTACHMENTS
1. Bid Tabulation 2024-2025 Residential Misc. Areas Mowing and Lot Maintenance Services
Contract City Owned Lots
2. 2024 and 2025 Planning and Zoning Mowing RFB rebid
3. Exhibit A Master Mowing List Updated 04-22-24
4. Exhibit B MowingListMap-4-22-24
Page 251 of 330
2024/2025 Residential Lots/Miscellaneous Mowing
Lot Maintenance Services City Owned Lots
Bid Estimate:
S 18.00 A: Per lot/occurrence - lots under 1 acre
$75.00 B: Per Hour/Per occurrence — lots 1 acre or more
NAME & ADDRESS
OF BIDDER
Bid
Security
A: Lots
under 1
acre
B: Lots over
1 acre
B&B Lawn Care, Inc.
Waterloo, IA
5%
$11.41
$49.99
Page 252 of 330
CITY OF WATERLOO, IOWA
Planning and Zoning Department
Notice of Public Hearing on the Proposed Specifications and the Notice to Public Bidders
For the 2024 and 2025 Residential Lots /Miscellaneous Areas Mowing and Lot Maintenance Services Contract.
General Description
The City of Waterloo Planning and Zoning Department is soliciting bids for mowing of city owned lots and miscellaneous
areas. The City of Waterloo Planning and Zoning Depai liiient has approximately 244 properties to be mowed and
maintained (see attached Exhibit "A" for the list of properties and attached Exhibit "B" for a map of the properties). The
City's intent for these properties are for rehabilitation or demolition to remove blighted properties from neighborhoods
and provide infill lots for new homes, or to sell to an adjacent homeowner. Most lots are vacant, although some still have
a structure or structures that must be mowed around. The attached Exhibit "A" indicates what lots are vacant.
SCOPE OF WORK
The Contractor shall provide all labor and equipment necessary for mowing, trimming and removal and disposal of
various debris. Assigned areas shall be mowed on an as needed basis while maintaining a mowing height not to exceed
four inches (4") in height. Prior to each mowing, the Contractor shall remove all trash and debris including paper,
branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional
expense to the Planning and Zoning Depai lenient (except larger illegal dumping items noted below). Additionally, the
contractor shall be responsible for cleaning up and repairing all damage created by mowing operations which may include
adding soil and seeding damaged areas as needed.
Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences and other objects to match the
height and appearance of the surrounding vegetation. Only upon request of the project manager will you be required to
edge vegetation growing over curb and sidewalk. A good -faith attempt will need to be made to keep all voluntary
vegetation to a minimum in and around any buildings, fences, along alleyways, sidewalks and other rights -of -way and
particularly in areas where there are blind spots being created.
Occasionally, illegal dumping occurs on city owned lots in which case the City will be in charge of removing larger items
such as stoves, mattresses, tires, furniture etc. The contractor will submit either by letter, fax or email to the project
manager the location and a detailed list of the items needing to be picked up.
The bidder shall bid a per unit price (per lot/per occurrence price) for lots under one (1) acre and a per acre rate for lots
one (1) acre or more, for all city owned lots under the control of the Planning and Zoning Department. All bidders should
know that the list of properties fluctuates as the city is continually acquiring and selling properties. The contract
will be for a two year period, covering the 2024 and 2025 mowing season.
RECEIVING OF BIDS
All bids must be received in a sealed mailing container or envelope and be plainly marked on the outside with the notation
`SEALED RFB FOR 2024 AND 2025 RESIDENTIAL LOTS/MISCELLANEIOUS AREAS MOWING AND LOT
MAINTENANCE SERVICES CONTRACT — in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street,
Waterloo, IA 50703 (date and time stamped) by Thursday May 9, 2024 at 1:00 p.m. (our clock), Central Time, in order
to be considered for the 2024 and 2025 mowing season. Bids sent electronically or via facsimile will not be accepted.
OPENING OF BIDS
All proposals received will be opened in the Harold E. Getty Council Chambers in City Hall of said City, on the 9th day of
May, 2024 at 1:00 p.m. The bid opening will be livestreamed on YouTube and made available on the city website. Bids
will be evaluated promptly after opening. The awarding of the contract is expected to be at the City Council meeting
on Monday May 20, 2024.
PUBLIC HEARING
The Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2024
and 2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services contract at the City Council
Meeting, Monday May 20, 2024 at 5:30 p.m.
Page 253 of 330
The contract documents are on file on the first floor in the City Clerk's office, City Hall, 715 Mulberry Street, and in the
Planning and Zoning Department, second floor in Waterloo City Hall, 715 Mulberry Street, Waterloo, Iowa for public
examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or
appear and make objection at the meeting. After an award is made, a proposal summary will be sent to all companies who
submitted a proposal. Proposals may be withdrawn any time 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.
CONTRACT PERIOD
The period of time covered under this proposed contract shall be approximately June 1, 2024 to October 31, 2025.
PROPOSALS SUBMITTED
All bids must be submitted on forms supplied by the Planning and Zoning Department with the exception that the required
list of adequate equipment available for the proposed project may be submitted as a separate attachment and the bid bond
can be supplied by the bidding company's insurance provider. The bidder shall bid a per unit price (per lot/per occurrence
price) for all city owned lots and miscellaneous areas that are under 1 acre, and per acre price per occurrence for all city
owned lots and miscellaneous areas that are 1 acre or more.
BID SECURITY REQUIRED
All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered
under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered
under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum
of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security
that the Bidder will enter into a Contract for the mowing 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, the bid security may be
retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the
surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney.
CONTRACT AWARD
The City shall award one contract to the lowest responsible Bidder whose bid conforms to the Specifications listed in this
RFB and is most advantageous to the City, and the Planning and Zoning Department, price and other factors considered.
The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together.
They city may award the contract at the time of bid hearing, however, the City and the Planning and Zoning Department
may need time to review the contract bids and bidder information, in which case the award would be made within sixty
(60) days after bid opening. The City reserves the right to waive any and all parts of a specific bid.
BOND
The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid,
in the amount of Twenty Thousand Dollars ($20,000.00). The Bond is to be issued by a responsible surety approved by
the City Clerk's office and 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 operation of the Contractor.
AFFIRMATIVE ACTION PROGRAM
The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions
Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city
projects during the current calendar year.
METHOD OF PAYMENT TO CONTRACTOR
Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual
number of times each lot is mowed (and acres mowed for lots over 1 acre), keeping in mind that this is an as needed basis
contract and that the residential lots/miscellaneous areas need only be maintained (mowed) at a height of (4") or less and
shall not be mowed unless the average grass on a site exceeds 6". Lots shall not be mowed more than once per week
regardless. A detailed bill of completed work must be received and approved by the Planning and Zoning
Department (project manager) located at 715 Mulberry St., Waterloo, Iowa before payments will be made.
The billing shall include:
• Property addresses and/or description of where work was performed
• Number of times and the date each property was mowed each month
Page 254 of 330
CITY OF WATERLOO, IOWA
Planning and Zoning Department
INSTRUCTION TO BIDDERS
I. EXPLANATION TO BIDDERS
Any explanation desired by a bidder regarding the meaning or interpretation of the Request for Bids must be requested in
writing via email or letter, and with sufficient time allowed for a reply to reach all bidders before submission of their bids.
Any interpretation or changes made to the RFB will be in the form of an addendum of the Request for Bids and will be
furnished to all prospective bidders. All prospective bidders will receive mail or email notifications of any addendums by
the Project Manager. All bidders must acknowledge in the space provided on the Bid Form acknowledgement of such
addendums received by the Project Manager prior to the 1:00 p.m. bid deadline set for the opening of bids. Oral
explanations or instructions given before the award of the contract will not be accepted.
II. PROPOSALS SUBMITTED
All bids must be submitted on forms supplied by the Planning and Zoning Department. Before submitting a bid, each
bidder shall carefully read the specifications and all other contract documents. Each bidder shall be fully informed, prior
to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in its
bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No
allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be
construed as conclusive evidence that the bidder has made such examination.
The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and
regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be
deemed to be included in the Contract the same as though herein written out in full.
III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS
Bids and modifications or withdrawals thereof received at the office designated in the Request for Bids and Notice
to Bidders after the exact time set for closing of bids_(Thursday, April 4, 2024, at 1:00 p.m.) will not be considered.
However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid
more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be
withdrawn by written request received from bidders prior to the time set for closing of bids.
IV. PUBLIC HEARING
The Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2024
and 2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract at the City Council
Meeting, Monday May 20, 2024 at 5:30 p.m.
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.
V. COLLUSIVE AGREEMENTS
A. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion
Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm, or corporation
in regard to any bid submitted.
B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a
Non -Collusion Affidavit in the form herein provided, to the effect that it has not colluded with any other person, firm,
or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the
name of any proposed subcontractor for approval by the City.
VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM
All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City
of Waterloo Contract Compliance Officer is Rudy D. Jones, Director of Community Development, located at: 620
Mulberry Street Suite 202, Waterloo, Iowa 50703, (319) 291-4429
Page 255 of 330
VII. EMPLOYMENT AND BUSINESS OPPORTUNITY
To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the
Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by
the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall
to the greatest extent feasible be made available to lower income persons residing in the project area. The project area is
the City of Waterloo.
The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the
project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the
project area.
VIII. STATEMENT OF BIDDER'S QUALIFICATIONS
Each Bidder shall, upon request of the Planning and Zoning Department submit on the form furnished a statement of the
Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for
the work contemplated; and when requested, a detailed financial statement. The Planning and Zoning Department shall
have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under
the Contract; and the Bidder shall furnish the Planning and Zoning Department all such information and data for this
purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or
information does not satisfy the Planning and Zoning Department that the Bidder is qualified to carry out properly the
terms of the Contract.
IX. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE
A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the
successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in
such number of copies as the City, may require.
B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within
the period specified in paragraph "A" above, furnish a surety bond in a penal sum of $20,000, as security for the faithful
performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all
persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools,
equipment, or services of any nature including utility and transportation services, employed or used by it in performing
the work. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as,
or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety
company shall be attached to such bond.
C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for
approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be
furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an
"Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the same
amounts for approval before each commences work. The contractor shall carry or require that there be Worker's
Compensation insurance for all its employees and those of its subcontractors engaged in work at the site, in accordance
with State Worker's Compensation Laws.
D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds and
certificate(s) of insurance within ten (10) days after the prescribed forms are presented for signature, or within such
extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the
contract to the next lowest responsible bidder or re -advertise for bids, and may charge against the bidder the amount of the
bid guaranty. If a more favorable bid is received by re -advertising, the defaulting bidder shall have no claim against the
City of Waterloo, or Planning and Zoning Department for a refund.
Page 256 of 330
CITY OF WATERLOO, IOWA
Planning and Zoning Department
GENERAL CONDITIONS
Definitions
Whenever used in any of the Contract Documents, these terms shall be defined as follows:
Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor.
Owner or Local Public Agency (LPA) - means the Planning and Zoning Department of the City of Waterloo.
Project Manager — Aric Schroeder, City Planner for the City of Waterloo, or designee. Phone: (319) 291-4366.
Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain
properties as described in the Specifications provided.
Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any),
Request for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications
(and Plans or Drawings when required).
Superintendence by Contractor
Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide
a competent superintendent, satisfactory to the Planning and Zoning Department, who shall generally be on the work site
at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff
to properly coordinate and expedite the work.
The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all
information before proceeding with the work and be held responsible for any error resulting from failure to do so.
Other Contracts
The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall
cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other
Contracts as may be directed by the Planning and Zoning Department. The Contractor shall not commit or permit any act
in which will interfere with the performance of work by any other Contractor as scheduled.
Fitting and Coordination of the Work
The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all
Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the
locations and measurements which they may require for the fitting of their work to all surrounding work.
Care of Work
The Contractor shall be responsible for all damages to person or property that occur as result of negligence in connection
with the execution of work under this contract and shall be reasonable for the proper care and protection of all materials
delivered and work performed until completion and final acceptance by the Planning and Zoning Department.
The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the
work is commenced until final completion and acceptance, except when work being performed does not require
protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any
person on the project site. Therefore, it is the responsibility of the Contractor to determine when security is needed.
The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those
which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no
expense to the Owner.
Page 257 of 330
General Requirements
The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work
is to be performed. No extra allowance will be made because of lack of such examination or knowledge.
Contractor shall not disturb (damage) existing walks, drives, parking areas, trees, shrubs, or turf within or areas outside
the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the City or the Owner.
Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and
equipment during time of performing services. Upon request, the City Forester will determine the extent of protection
necessary for the trees.
Permits and Codes
The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and
codes.
Liability Insurance
The Contractor shall at all times during the term of the contract maintain in full force and effect, at its own expense,
Employer's Liability, Worker's Compensation, Automobile, Public Liability and Property Damage Insurance, and other
insurance and bonds as set forth below, including contractual liability coverage for the indemnity and hold harmless
provisions of this Agreement. Each policy shall require at least 30 days' advance written notice to the City in the event of
cancellation or material change in terms. The City of Waterloo, Iowa shall be specifically named as an additional insured
on all insurance. Such coverages shall be primary, non-contributing and contain waivers of subrogation against any
coverage held by the City. Before commencement of work hereunder, the Contractor agrees to furnish the City with
certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and
is in force. Insurance coverages shall comply with the limits specified below:
Coverages
Worker's Compensation
Employer's Liability
Bodily Injury Liability
(Except automobile)
Property Damage Liability
(Except automobile)
Automobile Bodily Injury Liability
Excess Liability
Automobile Property Damage Liability
Limits of Liability
Statutory
$500,000
$1,000,000 each occurrence
$1,000,000 each occurrence
$1,000,000 each occurrence
$ 5, 000, 000
$1,000,000 each occurrence
Page 258 of 330
CITY OF WATERLOO, IOWA
Planning and Zoning Department
Bid Specifications for 2024 and 2025 Residential Lots Mowing/Miscellaneous Areas Mowing
and Lot Maintenance Services ContractfJune 1, 2024-October 31, 2025)
SCOPE OF WORK
The Contractor shall provide all labor and equipment necessary for mowing, trimming and removal and disposal of
various debris. Assigned areas shall be mowed on an as needed basis when the average height of grass on a site exceeds
(6"), while maintaining a mowing height not to exceed four (4") in height. Prior to each mowing, the Contractor shall
remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be
legally disposed of, off site, at no additional expense to the Planning and Zoning Department. Additionally, the contractor
shall be responsible for cleaning up and repairing all damage created by mowing operations which may include adding
soil and seeding damaged areas as needed.
Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences and other objects to match the
height and appearance of the surrounding vegetation. Only upon request of the project manager will you be required to
edge vegetation growing over curb and sidewalk. A good -faith attempt will need to be made to keep all voluntary
vegetation to a minimum in and around the any buildings, fences, along alleyways, sidewalks and other rights -of -way and
particularly in areas where there are blind spots being created.
Occasionally, illegal dumping occurs on city owned lots in which case the City will be in charge of removing larger items
such as stoves, mattresses, tires, furniture etc. The contractor will submit either by letter, fax or email to the project
manager the location and a detailed list of the items needing to be picked up.
DAMAGE PROTECTION
The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes, fences,
benches, utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional
cost to the Planning and Zoning Department. At no time shall any mowing equipment come in contact with any privately
owned tree or shrub during mowing. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the
Planning and Zoning Department with no additional cost to the Planning and Zoning Department. The Contractor shall
avoid damage to turf grass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be
promptly remedied by the Contractor to the satisfaction of the Planning and Zoning Department with no additional cost to
the Planning and Zoning Department.
The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property
damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as
detailed in the GENERAL CONDITIONS to cover any damage claims
SCHEDULING OF WORK
The Planning and Zoning Depai tiiient may add or delete mowing of areas based on growing conditions, budget constraints
or some lots may be sold or acquired throughout the year. The Planning Department will provide the Contractor with
notification of any changes to the list of lots covered under the Contract.
REQUIRED EQUIPMENT
The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe and
timely manner. Equipment listed on the Bid Form will be verified by the Planning and Zoning Department to determine
whether it is adequate for this mowing contract. A portfolio of existing or past contracts with letters of recommendations
would be helpful in verifying the bidder's qualifications.
Types of mowing equipment required for this contract:
Line trimmers
Walk -behind mowers
Utility tractors with heavy-duty mowers
Page 259 of 330
Types of other equipment required for this contract in addition to equipment listed above:
Pull behind trailer or usable truck bed
Tarps or enclosed trailer for hauling brush when required
Hedge trimmers
Note: City ordinance requires all loads being transported must be completely covered. The City is not responsible
for paying any fines you may be issued.
For larger parcels that are overgrown, contractor shall have access to a brush hog type of mower so that contractor can
meet the city's timeframe requirements. Excess amounts of cut grass and vegetation will need removed and not left on
parcels or blown onto the sidewalk or into the street right-of-way.
CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH FRIDAY
8:00 A.M. TO 5:00 P.M.
Page 260 of 330
CITY OF WATERLOO, IOWA
Community Planning and Development Department
2024 and 2025 Residential Lots Mowing/Miscellaneous Areas Mowing and Lot Maintenance Services Contract
BID FORM
BIDDER:
ADDRESS:
COMPANY NAME
PHONE: ( )
1. The undersigned, being a Corporation existing under the laws of the State of , or a limited liability company
existing under the laws of the State of , or a Partnership consisting of the following partners:
having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all
the Contract Documents now on file in the offices of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa,
and the Planning and Zoning Department, 715 Mulberry Street, Waterloo, Iowa hereby proposes to furnish all
supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and
transportation services required to complete the proposed MOWINGS, in accordance with the contract documents and
for the unit price in place for the following amount:
Bid Price: Price per Lot/Area per occurrence for mowing and lot maintenance services for city owned lots under 1
acre for approximately 234 Properties.
dollars ($ )
Written Price Per Lot/Occurrence:
Bid Price: Price per Acre per occurrence for mowing and lot maintenance services for city owned lots 1 acre or
more for approximately 10 Properties.
dollars ($ )
Written Price Per Acre/Occurrence:
2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the
work done shall govern the actual payment to the Contractor.
3. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one
or more contracts for a single Option, all Options together, or any combination of Options. If written notice of
acceptance of this Bid is mailed or delivered to the undersigned within sixty (60) days after Bid Opening, the
undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and
certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten
(10) days after "Notice to Proceed" is issued.
4. Security in the sum of dollars ($ )
in the form of , is submitted herewith in accordance with NOTICE TO
BIDDERS (form cannot be a personal check).
5. Attached is a Non -Collusion Affidavit of Prime Contractor.
6. The Bidder is prepared to submit a financial and experience statement upon request.
Page 261 of 330
7. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in
the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification
that the bid submitted is lowest and acceptable.
8. The Bidder has received the following Addendum or Addenda:
Addendum No.
Date: / /
/ /
/ /
9. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of
Waterloo Minority and /or Women Business Pre -bid Contract Information Form submitted with this Bid Form. The
apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo
by 5:00 p.m. the business day following the day bids on this project are due along with the Non -collusion Affidavits
of ALL Subcontractor(s).
The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except
for the following reasons.
1. The City of Waterloo does not approve the subcontractors.
2. The subcontractors submit in writing that they cannot fulfill their subcontracts
10. The Contractor shall provide a complete inventory of sufficient and proper equipment to perform all work in a safe
and timely manner. Equipment list may be submitted below or as a separate attachment:
11. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA".
12. The bidder has attached all applicable forms.
13. The owner (City of Waterloo) reserves the right to select alternatives, delete line items, and/or to reduce quantities
prior to the Award of Contract due to budgetary limitations.
SIGNED: DATE: / /
Name and Title
Page 262 of 330
NON -COLLUSION AFFIDAVIT OF PRIME BIDDER
State of
County of
, being first duly sworn, deposes and says that:
1. He/She is (Owner), (Partner), (Officer), (Representative), or (Agent) of , the Bidder that has
submitted the attached Bid;
2. He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances
respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in
interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any
other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached
Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or
indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to
fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the
bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful
agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and
5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy,
connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees,
or parties in interest, including this affiant.
Signature Title
S Lt scv'aYed/ cuvtdi -worvi to- b forei wei tYuik
day of , 2024.
S u ,nouti re/ Titte/
My
Page 263 of 330
NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR
State of )
)
County of )
, being first duly sworn, deposes and says that:
1. He/She is (Owner), (Partner), (Officer), (Representative), or (Agent) of , hereinafter
referred to
as the "Subcontractor";
2. He/She is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the
subcontractor to , contract pertaining to the 2024 and 2025
Residential/Miscellaneous Areas mowing and Lot Maintenance Services in Waterloo, Black Hawk County, Iowa;
3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal;
4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in
interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with
any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to
refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly,
sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in
said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said
subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any
advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract;
5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion,
conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives,
owners, employees, or parties in interest, including this affiant.
Signature Title
Sab- cribred'awa wcrn'to- berme-m
day of , 2024.
Sub-ha-ture-
r
'ty p
Page 264 of 330
EQUAL OPPORTUNITY CLAUSE
(As provided in Executive Order No. 11246)
All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of
said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows:
1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any
employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age,
mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will
develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during
employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or
physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following:
a. Employment
b. Upgrading
c. Demotion or Transfer
d. Recruitment and Advertising
e. Layoff or Termination
f. Rates of Pay or Other Forms of Compensation
g. Selection for Training Including Apprenticeship.
2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or
advertisements for employees, state that all qualified applicants will receive consideration for employment without
regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities,
political opinion or affiliations.
3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to
each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or
understanding, a notice advising said labor union or workers' representative of the contractor's commitment under
this section.
4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules,
regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance
Provisions.
5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports
within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit
information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor
himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records
and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with
this contract and with rules and regulations of the City's Affirmative Action Program — Contract Compliance
Provisions relative to Resolution No. 24664
6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of
such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the
contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City
Council.
7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference,
the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by
Page 265 of 330
the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or
purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier.
8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment.
Any person who applies for employment with our company will not be discriminated against because of race, creed,
color, sex, national origin, economic status, age, mental or physical disabilities.
Signed:
Appropriate Official
Title
Date
Page 266 of 330
CITY OF WATERLOO, IOWA
Planning and Zoning Department
2024 and 2025 Residential Lots /Miscellaneous Areas Mowin2 and Lot Maintenance Services Contract
REQUEST FOR BIDS
The City of Waterloo Planning and Zoning Department is soliciting bids to provide equipment and labor for
mowing and lot maintenance of City of Waterloo properties (the "Services") on an as -needed basis. All bids
shall include a completed price quote.
Conditions governing the Services are contained in the proposed form of Contract, attached to this RFB and by
this reference incorporated herein.
A. SUBMITTING AND OPENING PROPOSALS
All proposals must be received in a sealed envelope in the City's Clerk's office (date and time stamped)
by Thursday, May 9, 2024 at 1:00 p.m., Central Time (our clock) in order to be considered. The City
Clerk's office is located at 715 Mulberry St., Waterloo, Iowa 50703. Proposals sent electronically or via
facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with
the notation "SEALED RFB FOR 2024 AND 2025 RESIDENTIAL LOTS/MISCELLANEOUS AREAS MOWING
AND LOT MAINTENANCE SERVICES CONTRACT," and the name of the company submitting the proposal.
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 Bidder. Similarly, the City is not responsible for,
and will not open, any bid responses that are received later than the date and time stated above. Late proposals
will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature
opening of a proposal not properly identified.
All proposals received by the bid deadline will be opened in the Harold E. Getty Council Chambers in City
Hall, at 1:00 p.m., and the proposals will be acted upon at such later time and place by the City Council. The bid
opening will be livestreamed on YouTube and made available on the city website. The main purpose of this
opening is to reveal the name(s) or the Proposer(s), not to serve as a forum for determining the award of bids.
The City of Waterloo will conduct a public hearing on the proposed specifications and form of contract for the
2024 and 2025 Residential Lots/Miscellaneous Areas Mowin2 and Lot Maintenance Services Contract at
the City Council Meeting, Monday May 20, 2024 at 5:30 p.m.
The contract documents are on file on the first floor in the City Clerk's office, City Hall, 715 Mulberry Street, and in the
Planning and Zoning Department, second floor in Waterloo City Hall, 715 Mulberry Street, Waterloo, Iowa for public
examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or
appear and make objection at the meeting. After an award is made, a bid summary will be sent to all companies who
submitted a bid. Bids may be withdrawn any time prior to the scheduled closing time for receipt of bids; no bid may be
modified or withdrawn for a period of sixty (60) calendar days thereafter.
B. SCOPE OF SERVICES
Services to be performed by the successful respondent (the "Contractor") for the City will be those described in
the form of Contract attached hereto and these Specifications, which generally include but are not limited to
mowing properties on an as -needed basis.
C. REQUIRED INFORMATION:
1. All bids must be submitted on the included bid form, and include the noted required information.
Page 267 of 330
2. Important Exceptions to Contract Documents — The Proposer shall clearly state in the submitted
proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions
to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating
the proposals. Companies are cautioned that exceptions taken to this RFB may cause their proposal to be
rejected.
3. Incomplete Information — Failure to complete or provide any of the information requested in this RFB
may result in disqualification by reason of non -responsiveness.
D. AWARD OF CONTRACT
1. Final selection of a contractor will be made of the responsive and responsible firm whose proposal,
conforming to these documents, is most advantageous and offers the greatest overall value to the City of
Waterloo with regard to the criteria detailed and the specifications set forth herein. The City will
evaluate proposals in light of all factors it considers relevant, including but not limited to price, prior
dealings, reputation, knowledge, skills, demonstrated commitment of the humane treatment of animals,
demonstrated experience in managing and working with animals, nature and quality of facilities, and
other information provided by the proposer in response to this RFB.
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 proposer. The City reserves the right to defer acceptance of any proposal for a period
not to exceed sixty (60) calendar days from the date of the deadline for receiving proposals.
3. The City may select a proposer based on an "all or none" proposal, on individual responses, or as is
otherwise deemed to be in the best interest of the City.
4. A Proposer's submission of a proposal constitutes its acceptance of the City's evaluation technique
described in this section and its recognition and acceptance that subjective judgments will be used by the
evaluators in the evaluation.
5. Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of
Waterloo City Council.
6. After award, the Proposer will be required to enter into a written contract with the City that is
substantially in the form attached hereto.
7. In the event a contract is terminated between both parties for any reason, the City of Waterloo will
award the contract by offer to the next qualified bidder. The City of Waterloo reserves the right to award
only those proposals that were opened in the Harold E. Getty Council Chambers on the second floor of
City Hall, 715 Mulberry Street, Waterloo, Iowa on Thursday, April 4, 2024.
E. MISCELLANEOUS
1. Questions regarding miscellaneous items will be directed to Aric Schroeder in the Planning and Zoning
Department, 319.291.4366, Monday through Friday from 8:00 a.m. to 5:00 p.m.
2. 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 proposals, or costs incurred in making necessary studies
for the preparation of proposals.
CONTRACTOR OR THEIR DESIGNEE MUST BE REACHABLE BY PHONE MONDAY THROUGH
FRIDAY 8:00 A.M. TO 5:00 P.M.
Page 268 of 330
F. GENERAL TERMS AND CONDITIONS OF PROPOSAL
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 - 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. 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.
5. 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.
6. HOLD HARMLESS AGREEMENT - The Contractor agrees to
protect, defend, indemnify and hold harmless the City of
Waterloo, its officials, officers, employees and agents, from and
against any and all claims and damages of every kind and nature
made, rendered or incurred by or in behalf of every person or
company 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 the contract.
7. 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.
8. PAYMENTS - Payments will be made for all goods/services
delivered, inspected and accepted within 60 days after
acceptance and on receipt of an original invoice.
9. 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.
10. 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 herein by
reference.
11. SUBCONTRACTING - No portion of this Proposal may be
subcontracted without the prior written approval by the City.
12. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers
sent by electronic devices (e.g. facsimile machines) are not
acceptable and will be rejected upon receipt. Proposers will be
expected to allow adequate time for delivery of their proposal
either by airfreight, postal service, or other means.
13. CANCELLATION - Either party may cancel the contract 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.
14. ASSIGNMENT - Proposer shall not assign the contract or any
monies to become due thereunder without the prior written
consent of the City. Any assignment or attempt at assignment
made without such consent of the City shall be void.
15. 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.
16. 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 recognizes this and waives any
claim against the City of Waterloo and any of its officials, officers
and employees relating to the release of any document or
information submitted.
Each submitting party shall hold the City of Waterloo and its
officials, 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.
Page 269 of 330
DRAFT CONTRACT
CITY OF WATERLOO, IOWA
2024 and 2025 Residential Lots/Miscellaneous Areas Mowing and Lot Maintenance Services Contract
CONTRACT PROVISIONS
This Contract for mowing (the "Contract") is made and entered into effective June 1, 2024 and ending October 31, 2025,
by and between the City of Waterloo, Iowa (the "City"), and (the "Contractor").
1. The Contractor shall furnish all supervision, technical personnel, labor, materials, supplies and equipment to perform
all work required for the Contract work as described in the Specifications.
2. The Contract Documents shall consist of the following:
a. This Contract
b. Request for Bids
c. Notice of Public Hearing
d. Instruction to Bidders
e. Signed copy of Bid Form
f. Non -Collusion Affidavit of Prime Bidder
g. Non -Collusion Affidavit of Sub -Contractor
h. Equal Opportunity
i. General Conditions
j. Bid Specifications
These documents form the Contract Documents and are all fully incorporated as a part of this Contract as if attached to
this Contract or set forth in full herein. In the event of any conflict or ambiguity among the Contract Documents, the
document in the order set forth above that first addresses the issue or provision in question shall govern.
3. The Contractor agrees to be ready to commence the work within twenty-four (24) hours after the City issues a "Notice
to Proceed" and to complete the work within the given time frame. Time is of the essence in the performance of
duties under this Contract. The Contractor also agrees to the following:
a. Contractors will abide by ordinance sections 7-1-2B(1). Contractor will not be permitted to transfer grass onto or
across any city street or alley. In the event grass is transferred into any street or alley it shall be removed by the
Contractor.
b.Contractor will abide by ordinance sections 7-1-2F Contractors will not be permitted to blow weeds/grass onto or
across any street or alley. In the event weeds/grass is transferred into the street it shall be removed by the
Contractor.
c. Contractors shall bag all weeds/grass taller than 12" in residential areas and dispose of the rubbish
properly. Disposal can be done at the City of Waterloo Yard Waste Site located at 2749 Independence Ave.,
Waterloo, Iowa.
d. Contractors are not to mow or trim any flowers or gardens unless specified by the Planning and Zoning
Department.
e. Contractors will trim around all trees, telephone poles, fences, structures, curbs and on the backside of alleys.
f. In the event the Planning and Zoning Department finds that the Contractor did not fulfill its obligation, the
Contractor will be required to go back to the property at no additional cost to the city or owner of the property.
Page 270 of 330
g. Contractor shall remove all involuntary vines, brush, or trees along any fence and the portion of property to the
alley when referral is given by the Project Manager.
h. Properties found in compliance upon arrival of the contractor, will not result in additional charges to the City of
Waterloo from the Contractor.
4. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo relating to the obstruction of
streets and alleys, keeping open passageways for water and traffic, and maintaining proper and sufficient barricades
with lights and signals during all hours of darkness.
5. 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 limited to reasonable
attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in performing the
work contemplated by this Contract.
6. Contractor shall be responsible for all damage to public or private property. If public or private property is damaged
by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage
repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor
hereunder.
7. The Contractor shall have no cause of action against the City on account of delays and execution of work, if the work
is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the
delay caused by the City.
8. The City, at its sole discretion and without waiving any claims or rights, may allow for partial payment for the work
included on an invoice for which all services have not been delivered or accepted. 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.
9. 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, then City may declare that Contractor is in default hereunder and may terminate this
Contract by delivery to Contractor of written notice of termination, and/or take whatever other action at law or in
equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder. Contractor
shall be entitled to only one such notice, and in connection with any subsequent breach then City may terminate this
Contract upon seven (7) days' advance written notice. In the event of termination, the Contractor shall be
compensated for all necessary services satisfactorily performed through the termination date. 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.
10. In addition to paragraph 9 above, 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 without cause by
delivering to Contractor twenty-one (21) days' advance written notice of termination.
11. Contractor may not assign, delegate or subcontract any of its duties hereunder without the prior written consent of
City.
Page 271 of 330
12. Because time is of great importance when completing mowing work, the Contractor must notify the City of
Waterloo at least two (2) weeks in advance including who will be filling in for them for any planned time off.
13. Any notice under this Contract shall be in writing and shall be delivered in person or by United States registered or
certified mail, postage prepaid and addressed:
City: Contractor:
City of Waterloo, Iowa
715 Mulberry St.
Waterloo, Iowa 50703
Attn: Planning Department
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3)
business days following the date of deposit if mailed as stated above.
14. Nothing in this Contract shall, or shall be deemed or construed to, create or constitute any joint venture, partnership,
agency, employment, or any other relationship between the parties nor, except as expressly set forth herein, to create
any liability for one party with respect to the liabilities or obligations of the other party or any other person.
Contractor is an independent Contractor.
15. This Contract shall be binding upon and inure to the benefit of the parties and the respective successors and assigns of
each.
16. In the event any provision of this Contract 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.
17. 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 by the mutual written agreement
of the parties.
18. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and
conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon
completion and acceptance of the work, the City agrees to pay the Contractor as set forth on Exhibit "A" (Bid Form)
attached hereto.
IN WITNESS WHEREOF, the parties have executed this Contract for Mowing by their duly authorized representatives as
of the date first set forth above.
CITY OF WATERLOO, IOWA CONTRACTOR
Quentin Hart - Mayor Name of Company
Kelly Felchle -City Clerk
By:
Title:
Page 272 of 330
Exhibit "A"
2024-2025 Mowing List as of 4/22/24
Property
Lot Sq ft
Sidewalk
PIN
Note
Between 1305 & 1311 W 2nd St
2,115
y
891326307003
formerly 1309 W 2nd St
NW of 434 Bayard St
3,585
y
891326357005
formerly 430 Bayard St
NW of 714 La Porte Rd
59,959
n
891336253035
891326129029
891326129028
891326129034
891326129026
891326128015
Former voleball courts of bowling alley. Site over 1 acre, but mow area less than an acre. Removed from 1 acre list 4/22
West of 133 University Av
3,276
y
Formerly 135 University Av.
West of 133 University Av
3,276
y
Formerly 137 University Av.
East of 157 University Av
4,651
y
East of 157 University Av
6,552
y
Consider combining these four parcels.
West of 226 Leland Av
6,505
y
someone is parking on it...they should mow, or stop parking on it. Formerly 232 Leland Av
Between 704 & 710 W 1st St
4,231
y
891326177011
formerly 706 W 1st St
East of 139 Dawson St
3,899
y
891314486006
formerly 121 Cutler St, south of corner lot
South side of Dawson St at Lincoln St
1,134
y
891314485010
891322155008
891322155018
891314483009
East of 516 Upton Av
4,862
n
East of 516 Upton Av
2,616
n
Consider combining both parcels.
North of 1003 Logan Av
6,450
y
formerly 1007 Logan Av
North of 130 St Albans St
6,017
y
891323284001
formerly 201 Lincoln St
West of 318 Center St
6,850
y
891323229014
formerly 326 Center St
SE Cor. of Conger St & Broadway St
6,370
y
891323204001
Note there is a traffic box on part of this lot, so we could not sell the entire lot
East of 122 W Parker St
5,000
y
891314433013
formerly 116 W Parker St
East of 424 Dawson St
4,166
y
891314458011
formerly 420 Dawson St
East of 851 Dawson St
6,552
y
891314358004
formerly 847 Dawson St
South of 1015 Lincoln St
6,450
y
891314476008
formerly 1013 Lincoln St
South of 725 Fairview Av
7,646
y
891323127013
formerly 717 Fairview Av
East of 514 Bratnober St
2,080
y
891323207007
Formerly 508 Bratnober St. Demoed summer 2021.
NE of 627 W 2nd St
4,995
y
891326253011
formerly 623 W 2nd St
West of 651 Kern St
9,780
y
891314381031
Formerly 663 Kern St. Demoed fall 2021.
North of 3127 Logan Av
26,227
n
891302476048
East of 3318 W Airline Hwy
M7,480 ,
n
891305476015
Lot 2 of Wesport Addition.
NE Cor. of Ansborough Av & Upton Av
30,213
n
891322153032
West of 917 Hartman Av
5,616
n
891328229001
North of 1021 Chalmers Av
6,777
257,411
73,822
14,001
n
891328229021
700 Blk of University Av West of US Hwy 63
n
891327226002
Former Weissman Iron & Metals. Over 1 acre.
Lafayette St between Colorado St and Indiana St
y
891230328011
Formerly 2265 Lafayette St, Lafayette School. Over 1 acre.
West of 1330 Dearborn Av & 1127 Calhoun St
n
891229306012
SW Cor. of Courtland St & Elm St
3,910
y
891325207006
formerly 326 Courtland St
Between 806 Gilbert St & 1310 Cottage Grove Av
7,616
n
891229303009
West of 1919 Lafayette St
3,672
y
891230157007
formerly 1915-1917 Lafayette St. Under development agreement, soon to be conveyed.
East of 1903 Lafayette ST
4,466
y
891230157008
Under development agreement, soon to be conveyed.
SE of 1202 Sycamore St
5,734
y
891325181003
formerly 1218 Sycamore St
SW of 1202 Sycamore St
5,475
y
891325181007
formerly 118 E 10th St
SE of 1202 Sycamore St
4,778
y
891325181002
SE of 1202 Sycamore St
12,184
y
891325181004
North of 515 Independence Av
6,447
n
891324479019
formerly 519 Independence Av, alley access only
Between 319 & 327 Glenwood St
3,992
y
891324454007
Between 222 & 232 Gable St
6,998
y
891313379004
formerly 230 Gable St
Page 273 of 330
Exhibit "A"
2024-2025 Mowing List as of 4/22/24
Property
Lot Sq ft
Sidewalk
PIN
Note
Between 314 & 328 E 1st St
8,968
y
891323478017
formerly 320 E 1st St
NE of 117 E 9th St
2,520
y
891325176017
formerly 121 E 9th St
NE of 117 E 9th St
4,682
y
891325176016
corner of E 9th St and Sycamore St
NE of 117E 9th St
7,202
y
891325176005
NE of 117E 9th St
6,246
y
891325176004
Behind 117 E 9th St
7,454
y
891325176012
formerly 116-118 E 8th St
West of 1335 Mulberry St
6,292
y
891325251007
formerly 1331 Mulberry St
SW Cor. of Franklin St & Linden Av
6,826
y
891325278006
formerly 1828 Franklin St
North of 506 Elm St
5,428
y
891325212016
formerly 510 Elm St
South of 326 Fowler St
3,758
y
891325211007
formerly 515 Elm St
Between 868 & 876 Fowler St
3,136
y
891230106013
891325211001
891325211002
891325212002
SE Cor. of Fowler St & Lane St
2,106
y
formerly 302 Fowler St
East of SE Cor. of Fowler St & Lane St
2,106
y
formerly 304 Fowler St. Consider combining these two parcels
East of 402 Fowler St
2,613
y
Formerly 404 Fowler St.
South of 608 Vinton St
3,501
y
891325227017
formerly 602 Vinton St
West of 606 Independence Av
7,006
y
891325227001
This parcel acquired in 1988 by CLD 597197, presumably for intersection imp. Should Planning mow?
SW Cor. of N Barclay St & Salisbury St
3,626
y
891324184009
This parcel acquired in 1972 by DEED 501897, presumably for road. Should Planning mow?
North of 724 Vinton St
6,601
y
891324480002
formerly 728 Vinton St
South of 733 Vinton St
4,389
y
891324479008
formerly 731 Vinton St
North of 724 Vinton St
7,679
y
891324480001
formerly 734 Vinton St
South of 749 Vinton St
6,583
y
891324479005
formerly 745 Vinton St
North of 439 Cherry St
3,920
y
891324458009
formerly 449-447 Cherry St
West of 718 Glenwood St
860
y
891324482001
small triangular lot west of parcel 891324482002
North of 508 Mobile St
8,200
y
891324477001
891323434003
891323434002 11
formerly 520 Mobile St, at dead end of Mobile
Across from 81 Lafayette St
2,825
y
Across from 81 Lafayette St
2,825
y
Consider combining these 2 parcels.
North of 221 Ash St
8,456
y
891324429005
South of 239 Ash St
8,458
y
891324429004
formerly 233 Ash St
NE Cor. of Mulberry St & Oak Av
3,916
y
891323428020
Portion needed for right-of-way
North of 1015 Mobile St
4,773
n
891324260010
formerly 1017 Mobile St
North of 235 Jackson St
5,463
y
891324257010
formerly 239 Jackson St
Between 155 & 167 Harrison St
7,044
y
891323288003
891323288005
891323288006
891323288007
891324183008
891323285009
891323285010 'Consider
891219205007
East of 155 Harrison St
7,044
y
East of 155 Harrison St
9,391
y
West of 137 Harrison St
4,696
y
Consider combining these three parcels
South of the SW Cor. Of N Barclay St & Oneida St
4,669
y
formerly 213 N Barclay St
400 Blk Logan Av South of 105 Lincoln St
4,020
y
400 Blk Logan Av South of 105 Lincoln St
7,059
y
combining both parcels. Formerly 421 Logan Av
South of 2306 City View St
7,357
n
East of 122 Sumner St
4,717
y
891324179005
Used as parking lot, look at selling. Formerly 132 Sumner St
100 Blk Sumner St West of 211 Linn St
8,472
y
891324176010
formerly 121 Sumner St
West of 410 Adams St
8,794
y
891324134009
formerly 402 Adams St
East of 418 Adams St
8,819
y
891324134013
formerly 426 Adams St
West of 519 Adams St
3,519
y
891324207008
formerly 509 Adams St
Page 274 of 330
Exhibit "A"
2024-2025 Mowing List as of 4/22/24
Property
Lot Sq ft
Sidewalk
PIN
Note
NW Cor. of Adams St & E 4th St
17,049
y
891324107006
South of 120 Peek St
5,630
y
891324208016
formerly 116 Peek St
North of 806 Logan Av
7,480
y
891324101009
formerly 812 Logan Av
West of 123 Conger St
7,509
y
891323228002
formerly 125 Conger St
South of 328 Ricker St
5,219
y
891313383009
formerly 821 Manson St
West of 437 Ricker St
7,115
y
891313381010
East of 119 Ricker St
5,343
y
891313356010
formerly 129 Ricker St
NE Cor. of Ricker St & Hwy 63
4,888
y
891313354020
North of 1809 E 4th St
7,755
y
891313356007
East of 307 Gable St
7,347
y
891313377012
formerly 315 Gable St
300 Blk Gable St West of 1009 Manson St
7,344
y
891313377010
East of 306 Charles St
7,340
y
891313331003
formerly 312 Charles St
West of 220 Independence Av
8,339
y
891325202003
West of 824 Fowler St
8,424
y
891230106005
formerly 820 Fowler St
East of 307 Adams St
3,410
y
891324132026
300 Blk Adams St East of 307 Adams St
8,579
y
891324132025
West of 327 Adams St
8,581
y
891324132024
consider combining these three parcels
West of 117 Smith St
2,522
y
891324458021
formerly 115 Smith St
East of 518 Cottage St
6,709
y
891324251005
formerly 520 Cottage St
East of 620 Fowler St
7,006
y
891325234005
formerly 622 Fowler St
North of 902 Logan Av
9,167
y
891313357007
902 Logan Av
14,208
y
891313357008
Dunsmore house. Consider combining these two parcels
East of 126 Dearborn Av
8,541
y
891230305006
formerly 134 Dearborn Av
700 Blk Willow St East of 522 Beech St
13,858
y
891324427002
formerly 710 Willow St
East of 217 Independence Av
3,252
y
891324457014
formerly 223 Independence Av
South of 415 State St
8,380
y
891230151008
formerly 409 State St
200 Blk Courtland St South of 206 Irving St
2,261
y
891325202010
formerly 211 Courtland St
NE Cor. of Courtland St & Irving St
3,944
y
891325202011
Consider combining these two parcels
North of 1804 E 4th St
4,211
y
891313379013
Formerly 1808 E 4th St
1804 E 4th St
5,760
y
891313379012
Consider combining these two parcels. Home demolished in 2023.
700 Blk Vinton St North of 711 Vinton St
6,583
y
891324479011
formerly 717 Vinton St
700 Blk Vinton St North of 711 Vinton St
6,583
y
891324479010
Consider combining these two parcels
200 Blk of Hopkins Ct SE of 208 Salisbury St
4,495
n
891324184016
Formerly 220 Hopkins Ct. Demoed fall 2021.
East of 3116 Franklin St
9,015
n
891229276008
formerly 3126 Franklin St
West of 918 Newell St 52,380 n
891324203003
Formerly 820 Newell St. Over 1 acre.
1027 Sycamore St
2,389
y 891325137011 Building demolished in 2021
NW of 1027 Sycamore St
2,090
y 891325137012 formerly 1025 Sycamore St
NE of 1027 Sycamore St
4,479
y 891325137010
1000 Blk of Sycamore SE of 204 E 8th St
8,958
y 891325137013 consider combining these 4 parcels
East of 215 Sumner St
5,658
y 891324177016 formerly 219 Sumner St
West of 225 Sumner St
5,656
y 891324177015 Formerly 223 Sumner St. Consider combining these two parcels.
North of 415 Lane St
7,149
y
891324457010
formerly 419 Lane St
00 Blk of Lane St, across street from 82 Lane St
4,120
y
891325251003
NE of 410 Thompson Av
4,225
y
891323431012
formerly 414 Thompson Av
Page 275 of 330
Exhibit "A"
2024-2025 Mowing List as of 4/22/24
Property
Lot Sq ft
Sidewalk
PIN
Note
South of 326 Oak Av
1,754
y
891323430018
formerly 310 Oak Av
SW of 406 E 10th St
2,626
y
891325209011
formerly 1201 Mulberry St
South of 41 John St
6,233
n
891313351036
formerly 27 John St
South of 414 Logan Av
7,971
y
891324156007
formerly 408-410 Logan Av
South of 114 Warneka St
11,096
y
891313459019
formerly 915 Newell St
NE of 409 E 8th St
9,519
y
891325127007
formerly 411 E 8th St
SE of 906 Franklin St
2,785
y
891325127002
East of 124 Center St
31,007
y
891323231002
Formerly 120 Center St. Demoed fall of 2021.
100 Blk of Sumner St West of 211 Linn St
8,400
y
891324176011
891229358002
891229358003
891229358021
891229358001
891229226026 I
891229226025
891229226024
891313307009
Formerly 115 Sumner St. Demoed summer 2021.
1000 Blk of Fulton St across from 1013 Fulton St
10,400
n
Formerly 1004 Fulton Av. Demoed fall 2021.
1000 Blk of Fulton St across from 1013 Fulton St
5,200
n
1000 Blk of Fulton St across from 1013 Fulton St
3,180
n
1000 Blk of Fulton St across from 1013 Fulton St
5,070
n
consider combining these four parcels
South of 171 Rebecca Ln
11,548
n
Formerly 179 Rebecca Ln. Demoed fall 2021.
South of 171 Rebbecca Ln
12,067
147,668
82,291
n
East of 171 Rebbecca Ln
n
Consider combining these three parcels. Over 1 acre.
111.1.111111101111WRWIPIIIMPryard only. Under 1 acre.
h . Mow front yard only. Under 1 acre.
123 E Parker St
y
2127 E 4th St
126,154
y
891313307026
1526 E 4th St
7,263
y
891324129013
Formerly 1526 E 4th. Demoed 2022.
1527 E 4th St
4,271
y
891324105007
Formerly 1527 E 4th. Demoed 2022.
100 Blk of Shilliam Av across from 209 Jackson St
5,164
y
891324405003
Formerly 118 Shilliam Av. Demoed fall 2021.
West of 218 Cottage St
8,441
y
891324176002
891324476004
891324476003 I
891324476009
Formerly 214 Cottage St. Demoed fall 2021.
900 Blk of Linden Av North of 751 Glenwood St
6,046
y
Formerly 915 Linden St. Demoed fall 2021.
900 Blk of Linden Av North of 751 Glenwood St
6,047
y
Consider combining these two parcels
West of 729 Glenwood St
6,300
y
Formerly 725 Glenwood St. Demoed fall 2021.
West of 150 Harrison St
4,346
y
891323285027
891230308009
891230308008 IConsider
891324410001
Formerly 154 Harrison St. Demoed fall 2021.
West of 246 Hogle St
5,473
y
Formerly 242 Hogle St. Demoed fall 2021.
West of 246 Hogle St
5,501
y
combining these two parcels
SE Cor. of Merriman St & Halstead St
3,564
y
Formerly 200 Merriman St. Demoed fall 2021
105 E 11th St
26,880
y
891325181005
r lumber On demo list. Parcel used by bridge contractor. Removed from list for now.
yard.
307 Sumner St
4,722
y
891324178017
Formerly 307 Sumner St. Demoed 2022
335 Sumner St
5,072
y
891324178010
Formerly 335 Sumner St. Demoed 2022
East of 402 Courtland St
10,200
y
891325208002
Formerly 408 Courtland St. Demoed 2022.
70 Sycamore St
39,636
y
891323476001
Former Crystal Ice building.
90 Sycamore St
15,228
y
891323476002
Former Crystal Ice building.
516 Pine St
3,810
y
891324310002
Soon to be sold to developer to be rehabed. Has a house on it
521 Pine St
4,601
y
891324307010
Soon to be sold to developer to be rehabed. Has a house on it
West of 508 Adams St
8,743
y
891324210001
East of 427 Rath St
4,056
y
891230303007
East of 2012 Lafayette St
7,554
94,009
10,272
y
891230304006
1515 Sycamore St
y
891325259002
Former Rath Administration building. Over 1 acre.
East Cor. of Sycamore St & E 10th St
y
891325180014
NW of 1217 Sycamore St
6,688
y
891325180013
formerly 1211 Sycamore St
Between 508 & 526 Locust
1,927
y
891326331006
formerly 520 Locust St
Page 276 of 330
Exhibit "A"
2024-2025 Mowing List as of 4/22/24
Property
Lot Sq ft
Sidewalk
PIN
Note
Between 1128 & 1206 Washington St.
9,380
y
891325307007
Adj. to 622 W 9th St
2,774
y
891326432012
formerly 626-628 W 9th St
West of 1129 South St
7,323
y
891325307024
East of 1023 South St
3,566
y
891326433006
formerly 1029 South St
NW of 1316 Washington St
3,167
y
891325354049
City acquired from State CLD 623 Pg 63. Is planning responsible to mow?
NE of 622 W 9th St
2,854
y
891326432010
East of 1421 Hawthorne Av
5,415
y
891336105018
formerly 1423 Hawthorne Av
West of 1133 Bertch Av
6,362
y
891335226017
Formerly 1131 Bertch Av. This property should be a high priority to sell
SE of 1018 Wellington St
8,423
y
891326476006
891325153003
891325153002
891325307032
891325307033
891325307003
formerly 1020 Wellington St
SE of 915 Commercial St
6,784
y
formerly 919-925 Commercial St (Castle Apartments)
100 Blk W 8th St SE of 915 Commercial St
3,618
n
Consider combining these two parcels
SE of 1218 Washington St
6,853
y
NW Cor. of W 11th St & South St
10,832
y
Consider combining these two parcels
NW of 1124 Washington St
8,447
y
formerly 1120 Washington St
NE of 620 W 7th St
2,421
y
891326426007
formerly 614 W 7th St
NE of 619 W 7th St, behind 908-910 South St
3,000
n
891326431002
Formerly 613 W 7th St. Alley access only.
NW of 1108 Grant Av
6,981
y
891326481001
formerly 1100 Grant Av
SW of 326 W 14th St
4,210
y
891325377008
formerly 328 W 14th St
742 Grant Av
3,936
y
891326411007
Building demolished in 2021
NE of 326 W 14th St
8,540
y
891325377006
817 Bluff St
20,517
y
891326283016
Quonset Hut part of former Johnstone Supply. Includes sidewalk along W 7th St
SE of 1103 Commercial St
8,395
y
891325155013
NW Cor. of Williston Av & US Hwy 218
8,239
y
891325382012
891325354011
891325354012
891325354013
891313382019
SE of 1426 Washington St
7,233
y
SE of 1426 Washington St
7,030
y
SE of 1426 Washington St
6,995
y
Consider combining these three parcels.
232 Ricker St
3,570
y
Parcel number was changed, used to be parcel 891313382006
North of 208 Denver St
5,040
y
891326305017
207 Lafayette St
4,050
y
891323478013
Home demolished in 2023.
208 Sunnysidc Av
2,205
y
891326108007
me demolished in 2023. Property sold to Habitat. Removed from list.
212 Sunnysidc Av
2,205
y
891326108008
nnolishilE. Property sold to Habitat. Removed from list.
637 Ankeny St
6,432
n
891313352021
Home demolished in 2023.
N 250 Wcstficld Avc, Lot 1 Tcchworks Add
228,555
y
891323378017
D
Der 1 acre. Approximagialkitillige
Entire parcel is parking lot. Mow areas of right-of-way of Westfiled Av and W Jefferson St.
of part of of
SE of 250 Westfield Ave, part of Lot 1 of Techworks Add
31,102
119,224
6,300
n
891323378018
E Cor. of W Commercial St & River Rd, Lot 3 Techworks Add
n
891323455001
Over 1 acre.
West of 215 Oneida St
y
891324181014
Parcel added 2/17/23, previously was missed
1318 Martin Rd
32,000
101,059
101,059
n
891332476007
Parcel added 4/24/23, home demolished in 2023.
N of 3620 Wagner Rd
n
ft
n
891303151009
891303151012
Parcel added 4/24/23. Mow front 300 feet only. Over 1 acre.
-I sold. Remfrom list.
S 3620 Wagncr Rd
of
891303151013
101,059
W of 306 Madison St
6,400
y
891230129024
Parcel added 4/27/23.
SW of 321 E 1st St
9,000
y
891323436006
Parcel added 4/27/23.
E of 912 Newton St
6,050
y
891314351008
Parcel added 4/27/23.
N of 914 Linden Av
14,644
n
891219351018
Parcel added 6/13/23
Page 277 of 330
Exhibit "A"
2024-2025 Mowing List as of 4/22/24
Property
Lot Sq ft
Sidewalk
PIN
Note
54 Lane St
56,933
y
891325254013
Parcel # changed, was 891325254010 Parcel added 8/1/23. Mow area under 1 acre.
1335 Mulberry Street
2,475
y
891325251006
Parcel added 9/11/23. Has a house.
N of 1335 Mulberry Street
4,635
y
891325251004
Parcel added 9/11/23
200 E Mullan Av
8,025
y
831323477012
Parcel added 1/4/24. Has a garage.
617 W 1st St
2,100
y
891326178016
Parcel added 2/8/24. Has a house.
708 W 3rd St
9,000
y
891326183004
Parcel added 2/8/24. Has a house.
324-326 W 7th St
4,875
y
891326283003
Parcel added 2/8/24. Sidewalk on W 7th and Bluff. Has a duplex.
1003 Vine St
7,000
y
891219307012
891325133001
891325133003
891325133004
891325133005
891325133018
891325180018
Parcel added 2/8/24. Sidewalk on Vine and Steely. Has a house.
NW of 924 Lafayette St, corner of Lafayette & E 7th
4,730
y
Parcel added 2/8/24
NW of 924 Lafayette St, corner of Lafayette & E 7th
3,870
y
Parcel added 2/8/24
NW of 924 Lafayette St, corner of Lafayette & E 7th
6,000
y
Parcel added 2/8/24
NW of 924 Lafayette St, corner of Lafayette & E 7th
4,500
y
Parcel added 2/8/24
NE of 204 E 7th St, corner of Lafayette & E 7th
3,200
y
Parcel added 2/8/24. Consider combining these 5 parcels
NW of 1217 Sycamore St
4,080
y
Parcel added 2/8/24
W of 532 Dawson St
4,290
y
891314457018
Parcel added 2/8/24
NW of 1112 Sycamore St
12,600
y
891325179008
formerly 1100 Sycamore St. Parcel added 2/8/24
E of 1320 Mulberry St, corner of Mulberry and Lane
13,724
y
891325251008
Parcel added 2/8/24
S of 542 Indiana St
71,000
5,600
n
891230329029
Previously missed. Parcel added 2/8/24
1712 E 4th St
y
891313382015
Parcel added 3/1/24. Includes a home.
1738 Flower St
15,000
n
891321377012
Parcel added 3/1/24. Includes an appartment complex.
408 Vermont St
8,400
y
891326355002
Parcel added 3/1/24. Includes a home.
724 Lincoln St
6,721
y
891323227002
Parcel added 3/1/24. Includes a home.
418 Oak Av
5,200
y
891323428019
Parcel added 3/1/24. Includes a home.
110 Chestnut St
4,500
y
891323237027
Parcel added 3/1/24. Includes a home.
318 Bratnober St
4,270
y
891323235010
Parcel added 3/1/24. Includes a home.
309 E 2nd St
7,350
y
891323478009
Parcel added 3/1/24. Includes a home.
South of 522 Iowa St
3,100
y
891324159006
Parcel added 4/22/24
South of 327 Iowa St
4,500
y
891324303009
Parcel added 4/22/24
SW corner of W Orange Rd & Kimball Av
23.88 acresi
5,600
n
multiple
Added 4/22/24. Former Orange School site. There are several parcels, totaling 23.88 acres
708 Mobile St
y
891324429012
Parcel added 4/22/24. Includes a home.
Page 278 of 330
City of Waterloo Planning Department
MowingLots —
J '
J
Q Waterloo_Corp_Limits
Over 1 Acre
Under 1 Acre
0 0.33 0.65 1.3
Miles
1
•
•
Page 279 of 330
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
May 20, 2024
AGENDA ITEM TITLE
Sale and conveyance of city -owned property located at 516 Pine Street, in the amount of $1.00, to
Iowa Heartland Habitat for Humanity, including approval of a Development Agreement for the
redevelopment of a single family home and a grant of $5,000.00 for infill housing incentive.
RECOMMENDED COUNCIL ACTION
Approval
SUMMARY STATEMENT AND BACKGROUND INFORMATION
The City of Waterloo took possession of the home located at 516 Pine Street in October of 2014. The
City entered into a development agreement with JSA Development for the redevelopment of four
vacant homes in the Walnut Neighborhood. JSA completed two homes along East 3rd Street and
does not plan to complete the homes along Pine Street. Habitat for Humanity will be renovating the
home at 516 Pine Street.
NEIGHBORHOOD IMPACT
Redevelopment of the lot would have a positive impact on the Walnut Neighborhood
DATA, ANALYSIS, AND STRATEGIES
Infill Development
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
Sale of the City owned lot would be considered by Council through the public hearing process which
requires public notice of the hearing.
SOURCE OF EXPENDITURES
Nuisance Abatement bonds
ALTERNATIVE ACTION
Not approve
LEGAL DESCRIPTION
Page 280 of 330
The East 40 feet of the North 75 feet of Lot No. 6 in Block No. 72 in The Cooley Addition to Waterloo,
Iowa, and a tract of land adjoining described as follows, to -wit: commencing at the Northeast corner
of said Lot No. 6; thence East 10 feet; thence South 75 feet; thence West 10 feet; then North 75 feet
to the place of beginning.
ATTACHMENTS
1. Habitat DA for 516 Pine
Page 281 of 330
Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701
After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703.
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of
, by and between Iowa Heartland Habitat for Humanity
("Company"), and the City of Waterloo, Iowa ("City").
RECITALS
A. City owns real property at 516 Pine Street, Waterloo, Iowa (the
"Property"), which is legally described as set forth on Exhibit "A" attached
hereto. Company desires to undertake a project on the Property.
B. City considers 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.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. Sale of Property; Title. Subject to the terms hereof, City shall convey the
Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be
by quit claim deed, free and clear of all encumbrances arising by or through City except:
(a) easements, servitudes, conditions and restrictions of record; (b) current and future
real estate real property taxes and assessments subject to the agreements made
herein; (c) general utility and right-of-way easements serving the Property; and (d)
restrictions imposed by the City zoning ordinances and other applicable law. Company
may, at its own expense, obtain whatever form of title evidence it desires. If title is
unmarketable or subject to matters not acceptable to Company, and if City does not
remedy or remove such objectionable matters in timely fashion following written notice
of such objections from Company, Company may terminate this Agreement without
further obligation. City shall provide any title documents it has in its possession,
including any abstracts, to assist in title review.
Page 282 of 330
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. At its own cost
Company shall renovate the existing structure to create a single-family dwelling to a
finished state, including sidewalk, garage and driveway if feasible, and shall be
responsible for removal of all construction debris, proper leveling or shaping of
groundscape, and grassing and/or landscaping (construction and finishing as so
described are referred to collectively as the "Improvements"). The Improvements shall
be constructed in accordance with the terms of this Agreement, all applicable City,
state, and federal building codes and shall comply with all applicable City ordinances
and other applicable law. Company shall submit specific plans, building designs and
site plans for City review and approval before the commencement of construction and
shall not substantially deviate from such plans, specifications or designs. Company will
use its best efforts to obtain, or cause to be obtained, in a timely manner, all required
permits, licenses and approvals, and will meet, in a timely manner, all requirements of
all applicable local, state, and federal laws and regulations which must be obtained or
met before the Improvements may be lawfully constructed. The Property, the
Improvements, and all site preparation and development -related work to be undertaken
and completed by Company under this Agreement are collectively referred to as the
"Project."
3. Timeliness of Construction; Possibility of Reverter. The parties agree
that Company's commitment to cause the Project to be undertaken and to construct the
Improvements in a timely manner constitutes a material inducement for the City to
convey the Property to Company and 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 building permit and begin
renovation of the dwelling within four (4) months after receiving title to the
Property (the "Project Start Date") and must Substantially Complete construction
within twelve (12) months after commencing construction (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.
2
Page 283 of 330
B. Events triggering termination and/or reverter of title. If Company
does not begin 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 13, 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 13,
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 pursuant
to Section 3, 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.
Company shall pay in full, so as to discharge or satisfy, all Liens on or against the
Property. In connection with any reverter of title, Company shall not be entitled to a
refund of the Purchase Price. Appointment of Attorney in Fact: If Company fails to
deliver such documents, including but not limited to a special warranty deed, to City
within thirty (30) days after written demand by City, then City shall be authorized to
execute, on Company's behalf and as its attorney -in -fact, the special warranty deed 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, cost, expense, liability or injury
made, suffered, or incurred as a result of or in connection with the Project, or
Company's failure to carry on or complete same, or any Lien or Liens on or against the
Property of any type or nature whatsoever that attaches to the Property by virtue of
Company's ownership of same. If City files suit to enforce the terms of this Agreement
and prevails in such suit, then Company shall be liable for all legal expenses, including
but not limited to reasonable attorneys' fees, incurred by City. Company's duties of
3
Page 284 of 330
indemnity pursuant to this Section shall survive the expiration, termination or
cancellation of this Agreement for any reason.
5. Utilities. Company will be responsible for extending water, sewer,
telephone, telecommunications, electricity, gas and other utility services from street right
of way to any location on the Property and for payment of any associated connection
fees.
6. City Incentives. To aid the Project, City agrees to provide the following
assistance:
A. Infill Housing Grant. As provided in the City's infill housing policy,
City will pay Company a grant of $5,000.00 within thirty (30) days after Company
has Substantially Completed the Improvements and has obtain final inspection
on all permits obtained for the Project.
7. 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.
8. No Assignment or Conveyance. Company agrees that it will not sell,
convey, assign or otherwise transfer its interest in the Property prior to completion of the
Project, whether in whole or in part, to any other person or entity without the prior
written consent of City. Reasonable grounds for the City to withhold its consent shall
include but are not limited to the inability of the proposed transferee to demonstrate to
the City's satisfaction that it has the financial ability to observe all of the terms to be
performed by Company under this Agreement.
9. Additional Covenants of Company. In addition to the other promises,
covenants and agreements of Company as provided elsewhere in this Agreement,
Company agrees as follows:
A. Until the Improvements have been Substantially Completed,
Company shall make such reports to City, in such detail and at such times as
may be reasonably requested by City, as to the actual progress of Company with
respect to construction of the Improvements.
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
4
Page 285 of 330
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.
10. Representations and Warranties of City. City hereby represents and
warrants as follows:
A. City is not prohibited from consummating the transaction
contemplated in this Agreement by any law, regulation, agreement, instrument,
restriction, order or judgment.
B. Each person who executes and delivers this Agreement and all
documents to be delivered hereunder is and shall be authorized to do so on
behalf of City.
11. Representations and Warranties of Company. Company hereby
represents and warrants as follows:
A. It is duly organized, validly existing, and in good standing under the
laws of the state of its organization and is duly qualified and in good standing
under the laws of the State of Iowa.
B. It has all requisite power and authority to own and operate its
properties, to carry on its business as now conducted and as presently proposed
to be conducted, and to enter into and perform its obligations under this
Agreement.
C. This Agreement has been duly and validly authorized, executed
and delivered by Company and, assuming due authorization, execution and
delivery by the other parties hereto, is in full force and effect and is a valid and
legally binding instrument of Company that is enforceable in accordance with its
terms, except as the same may be limited by bankruptcy, insolvency,
reorganization or other laws relating to or affecting creditors' rights generally.
D. The execution and delivery of this Agreement, the consummation of
the transactions contemplated hereby, and the fulfillment of or compliance with
the terms and conditions of this Agreement are not prevented by, limited by, in
conflict with, or result in a violation or breach of, the terms, conditions or
provisions of the articles of organization or operating agreement of Company or
of any contractual restriction, evidence of indebtedness, agreement or instrument
of whatever nature to which Company is now a party or by which it or its property
is bound, nor do they constitute a default under any of the foregoing.
5
Page 286 of 330
E. There are no actions, suits or proceedings pending or threatened
against or affecting Company in any court or before any arbitrator or before or by
any governmental body in which there is a reasonable possibility of an adverse
decision which could materially adversely affect the business (present or
prospective), financial position, or results of operations of Company or which in
any manner raises any questions affecting the validity of the Agreement or
Company's ability to perform its obligations under this Agreement.
12. 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 Improvements to be commenced
and completed pursuant to the terms, conditions and limitations of this
Agreement;
B. Transfer by Company of any interest (either directly or indirectly) in
the Improvements, the Property, or this Agreement, without the prior written
consent of City, except as expressly authorized by this Agreement;
C. Failure by any party hereto to substantially observe or perform any
covenant, condition, obligation or agreement on its part to be observed or
performed under this Agreement;
D. Company (1) files any petition in bankruptcy or for any
reorganization, arrangement, composition, readjustment, liquidation, dissolution,
or similar relief under the federal bankruptcy law or any similar state law; (2)
makes an assignment for the benefit of its creditors; (3) admits in writing its
inability to pay its debts generally as they become due; (4) is adjudicated a
bankrupt or insolvent; or if a petition or answer proposing the adjudication of
Company as a bankrupt or its reorganization under any present or future federal
bankruptcy act or any similar federal or state law shall be filed in any court and
such petition or answer shall not be discharged or denied within ninety (90) days
after the filing thereof; or a receiver, trustee or liquidator of Company, or part
thereof, shall be appointed in any proceedings brought against Company and
shall not be discharged within ninety (90) days after such appointment, or if
Company shall consent to or acquiesce in such appointment; or (5) defaults
under any mortgage applicable to the Property; or
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.
6
Page 287 of 330
13. Remedies.
A. Default by Company. Whenever any Event of Default in respect of
Company occurs and is continuing, the City may terminate this Agreement.
Before exercising such remedy, City shall give 30 days' written notice to
Company of the Event of Default, provided that by the conclusion of such period
the Event of Default shall not have been cured, or the Event of Default cannot
reasonably be cured within 30 days and Company shall not have provided
assurances reasonably satisfactory to the City that the Event of Default will be
cured as soon as reasonably possible. Upon termination, City may exercise any
and all remedies available at law, equity, contract or otherwise for recovery of
any sums paid by City to Company before the date of termination or to recover
ownership of the Property as set forth in this Agreement.
B. Default by City. Whenever any Event of Default in respect of City
occurs and is continuing, Company may take such action against City to require
it to specifically perform its obligations hereunder. Before exercising such
remedy, Company shall give 30 days' written notice to City of the Event of
Default, provided that by the conclusion of such period the Event of Default shall
not have been cured, or if the Event of Default cannot reasonably be cured within
30 days and City shall not have provided assurances reasonably satisfactory to
the Company that the Event of Default will be cured as soon as reasonably
possible.
C. Remedies under this Agreement shall be cumulative and in addition
to any other right or remedy given under this Agreement or existing at law or in
equity or by statute. Waiver as to any particular default, or delay or omission in
exercising any right or power accruing upon any default, shall not be construed
as a waiver of any other or any subsequent default and shall not impair any such
right or power.
14. 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 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 on or 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.
7
Page 288 of 330
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) 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 party. The provisions
of this Section shall survive the expiration or termination of this Agreement.
15. Materiality of Company's Promises, Covenants, Representations,
and Warranties. Each and every promise, covenant, representation, and warranty set
forth in this Agreement on the part of 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.
16. Performance by City. Company acknowledges and agrees that all of the
obligations of City under this Agreement shall be subject to, and performed by City in
accordance with, all applicable statutory, common law or constitutional provisions and
procedures consistent with City's lawful authority. All covenants, stipulations, promises,
agreements and obligations of City contained in this Agreement shall be deemed to be
the covenants, stipulations, promises, agreements and obligations of City and not of any
governing body member, officer, employee or agent of City in the individual capacity of
such person.
17. No Third -Party Beneficiaries. No rights or privileges of any party hereto
shall inure to the benefit of any contractor, subcontractor, material supplier, or any other
person or entity, and no such contractor, subcontractor, material supplier, or other
person or entity shall be deemed to be a third -party beneficiary of any of the provisions
of this Agreement.
18. Notices. Any notice under this Agreement shall be in writing and shall be
delivered in person, by overnight air courier service, by United States registered or
8
Page 289 of 330
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, Attention:
Mayor, with copies to the Community Planning and Development Director.
(b) if to Company, at 803 W. 5th Street, Waterloo, Iowa 50702,
Attention: Executive Director.
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, or (iii) three (3) business days
following the date of deposit if mailed by United States registered or certified mail,
postage prepaid. A party may change the address for giving notice by any method set
forth in this Section.
19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or
construed to, create or constitute any joint venture, partnership, agency, employment, or
any other relationship between the City and Company nor to create any liability for one
party with respect to the liabilities or obligations of the other party or any other person.
20. Amendment, Modification, and Waiver. No amendment, modification,
or waiver of any condition, provision, or term of this Agreement shall be valid or of any
effect unless made in writing, signed by the party or parties to be bound or by the duly
authorized representative of same, and specifying with particularity the extent and
nature of the amendment, modification, or waiver. Any waiver by any party of any
default by another party shall not affect or impair any rights arising from any subsequent
default.
21. Severability; Reformation. Each provision, section, sentence, clause,
phrase, and word of this Agreement is intended to be severable. If any portion of this
Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the
offending provision or part thereof shall be deemed severed from this Agreement and
the remaining provisions of this Agreement shall not be affected thereby and shall
continue in full force and effect. If, for any reason, a court finds that any portion of this
Agreement is invalid or unenforceable as written, but that by limiting such provision or
portion thereof it would become valid and enforceable, then such provision or portion
thereof shall be deemed to be written, and shall be construed and enforced, as so
limited.
22. 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.
9
Page 290 of 330
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, including signed counterparts delivered by facsimile or
other electronic means, shall be deemed an original and all of which, taken together,
shall constitute one and the same instrument.
26. Entire Agreement. This Agreement, together with the exhibits attached
hereto, constitutes the entire agreement of the parties and supersedes all prior or
contemporaneous negotiations, discussions, understandings, or agreements, whether
oral or written, with respect to the subject matter hereof.
27. Time of Essence. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Development
Agreement by their duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA IOWA HEARTLAND HABITAT
FOR HUMANITY
By: By:
Quentin Hart, Mayor Ali Parrish, Executive Director
Attest:
Kelley Felchle, City Clerk
10
Page 291 of 330
EXHIBIT "A"
Property Description
The East 40 feet of the North 75 feet of Lot No. 6 in Block No. 72 in The Cooley Addition to
Waterloo, Iowa, and a tract of land adjoining described as follows, to -wit: commencing at the
Northeast corner of said Lot No. 6; thence East 10 feet; thence South 75 feet; thence West 10
feet; then North 75 feet to the place of beginning.
Page 292 of 330
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
May 20, 2024
AGENDA ITEM TITLE
Request by King Automotive to rezone approximately 1.76 acres from "C-2" Commercial District to
"M-1" Light Industrial District for the potential expansion of an existing salvage yard located south of
275 Rampart Lane.
RECOMMENDED COUNCIL ACTION
Staff recommends that the request by King Automotive to rezone approximately 1.76 acres from "C-2"
Commercial District to "M-1" Light Industrial District to allow for the potential expansion of an existing
salvage yard located south of 275 Rampart Lane, be approved for the following reasons:
1. The request would not appear to have a negative impact on the surrounding area.
2. The request would not appear to have a negative impact upon pedestrian and traffic conditions
within the surrounding area.
3. The request would appear to be compatible with the Future Land Use Map.
SUMMARY STATEMENT AND BACKGROUND INFORMATION
The applicant is requesting to rezone a 1.44 acre section of a 1.76 acre parcel to "M-1" Light
Industrial District to allow for the use of a salvage yard for Kings Salvage Center. A portion of the
parcel is currently zoned "C-2" Commercial District, which does not allow for salvage yard use. The
applicant is requesting to rezone the parcel in an effort to expand the Kings Salvage Center to this
parcel. The applicant is planning to apply for a Special Permit to expand the business at a later date.
A site plan and drainage plan will be required for the expansion of the salvage yard business.
NEIGHBORHOOD IMPACT
The request could have a negative impact on the surrounding neighborhood which consists of single-
family homes located along Independence Avenue. However, there are other industrial uses, such as
Benton's Ready Mixed Concrete and Waterloo Oil near the facility, as well, and the rezone area is
over 400 feet from Independence Avenue.
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
Page 293 of 330
SOURCE OF EXPENDITURES
N/A
ALTERNATIVE ACTION
LEGAL DESCRIPTION
The East 150 feet of the West 1030 feet of the North 512 feet of the South 990 feet of the Southwest
Quarter of the Southwest Quarter of Section 20, Township 89 North, Range 12 West of the 5th P.M.,
Waterloo, Black Hawk County, Iowa.
ATTACHMENTS
1. Council Packet
Page 294 of 330
REQUEST:
APPLICANT:
GENERAL
DESCRIPTION:
IMPACT ON
NEIGHBORHOOD &
SURROUNDING
LAND USE:
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN AND
COMPLETE
STREETS POLICY:
PUBLIC /OPEN
SPACES/
SCHOOLS:
DEVELOPMENT
HISTORY:
BUFFERS/
SCREENING
REQUIRED:
DRAINAGE:
FLOODPLAIN:
Request by King Automotive to rezone approximately 1.76 acres
from "C-2" Commercial District to "M-1" Light Industrial District to
allow for expansion of an existing salvage yard located south of 275
Rampart Lane.
King Automotive Salvage Center, 275 Rampart Ln, Waterloo, IA,
50707.
The applicant is requesting to rezone the property in question to
expand the Kings Automotive Salvage Yard business.
The request could appear to have a negative impact on the
surrounding neighborhood which consists of single-family homes
located along Independence Avenue. However, there are other
industrial uses, such as Benton's Ready Mixed Concrete and
Waterloo Oil near the facility, as well, and the rezone area is over
400 feet from Independence Avenue.
The request to rezone the site in question would not appear to have
a negative impact upon pedestrian and traffic conditions in the area.
The site is accessed from Rampart Lane, which is classified as a
private street. Independence Avenue, a collector street, serves
Rampart Lane.
There are no sidewalks or trails near the site in question. There is a
trail along Northeast drive located east of the rezone area.
Highland Elementary School and Expo Alternative High School are
located approximately 0.62 miles to the southwest and East High
School is located approximately 1.73 miles to the west of the site in
question.
The surrounding industrial development was constructed between
1959 and 2016. Residential development in the area was
constructed between 1880 and 1940 with most of the development
occurring in the 1920's.
Screening will be required for the salvage yard business in
conjunction with a Special Permit request, which has not been
requested at this time.
A drainage plan will not be required in for this request. However a
drainage plan will needed for the expansion of the salvage yard.
The property is located within Zone AE (100-Year Floodplain), which
is a special flood hazard area as indicated by the Federal Insurance
Administration's Flood Insurance Rate Map, Community Number
190025 and Panel Number 0308F, dated July 18, 2011. Staff does
not see issues with the site being located within the 100-year
floodplain because the applicant does not plan to build any
structures on the property.
20
Page 295 of 330
Picture 1: Home located at 2167 Independence Avenue which is the located south of the rezone area.
Picture 2: Area to be rezoned looking north toward the existing salvage yard.
21
Page 296 of 330
Picture 3: Looking southwest at the property to be rezoned.
Picture 4: Looking north toward existing salvage yard.
22
Page 297 of 330
Picture 5: Fencing that will need to be replaced at existing site.
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER,
ETC:
ZONING HISTORY
FOR SITE AND
IMMEDIATE
VICINITY:
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
There is an 8" and 24" sanitary sewer line located under
Independence Avenue. An overhead electric line runs along the east
side of Rampart Lane.
The area of the proposed site is currently zoned "C-2" Commercial
District and has been zoned as such since the adoption of the
Zoning Ordinance in 1969. Surrounding land uses and their zoning
are as follows:
North — King Salvage Center and Benton's Ready Mixed Concrete,
zoned "M-1" Light Industrial District.
South and West —Single-Family Homes, zoned "C-2" Commercial
District and "R-3" Multiple Residence District.
East — Benton's Sand and Gravel, zoned "M-1" Light Industrial
District.
The Future Land Use Map designates this property as 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 adopted August 21,
2023.
23
Page 298 of 330
STAFF ANALYSIS
ZONING
ORDINANCE:
TECHNICAL
REVIEW
COMMITTEE:
STAFF ANALYSIS
SUBDIVISION
ORDINANCE:
STAFF
RECOMMENDATION
The applicant is requesting to rezone a 1.44 acre section of a 1.76
acre parcel to "M-1" Light Industrial District to allow for the use of a
salvage yard for Kings Salvage Center. A portion of the parcel is
currently zoned "C-2" Commercial District, which does not allow for
salvage yard use. The applicant is requesting to rezone the parcel in
an effort to expand the Kings Salvage Center to this parcel. The
applicant is planning to apply for a Special Permit to expand the
business at a later date.
The Engineering Department noted a site plan and drainage plan will
be required for the expansion of the salvage yard business. Weliver
stated access will need to be maintained throughout the site when
the site moves forward with the business.
There is no platting in relation to this request.
Therefore, staff recommends that the request by King Automotive to
rezone approximately 1.76 acres from "C-2" Commercial District to
"M-1" Light Industrial District to allow for expansion of an existing
salvage yard located south of 275 Rampart Lane, be approved for
the following reasons:
1. The request would not appear to have a negative impact on
the surrounding area.
2. The request would not appear to have a negative impact upon
pedestrian and traffic conditions within the surrounding area.
3. The request would appear to be compatible with the Future
Land Use Map.
24
Page 299 of 330
City of Waterloo Planning, Programming and Zoning Commission
April 9, 2024
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King Automotive
25
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City of Waterloo Planning, Programming and Zoning Commission
April 9, 2024
Aft
s5.
275 Rampart Lane
Are to be rezoned
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South of 275 Rampart Lane
Rezone from "C-2" to "M-1"
King Automotive
26
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City of Waterloo Planning, Programming and Zoning Commission
April 9, 2024
275 Rampart Lane
I INDEPENDE
Legend
FLOODWAY
FLOODWAY
07/18/11 DFIRM FLOODPLAIN
FLOOD_ZONE
0.2 PCTANNUAL CHANCE FLOOD HAZARD
A
AE
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X PROTECTED BY LEVEE
South of 275 Rampart Lane
Rezone from "C-2" to "M-1"
King Automotive
27
ono coon
APPLICATION FOR REZONING
CITY OF WATERLOO PLANNING, PROGRAMMING,
AND ZONING COMMISSION
WATERLOO, IOWA
319.291.4366
1. APPLICATION INFORMATION:
a. A vlicant'ssnna` - Business Name if Applicable leash print}:
Addr: 27� ��y �l ZCdi' �� Fax: l-7� �57
„,-,,,,— (,,,,,,....e___Phone: -
City: s44 ?290 State: }-- Zip: -7O7
Email: /L4¢-5Z-70 70 gC9tvr+fiLL 60111.
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): eini 4a44,41GL�
Address: Phone: u Fax:
City: State: Zip:
Email:
2. PROPERTY INFORMATION:
a. General location of property to be rezoned: 21,5 794c'f"--
b. Legal description of property to be rezoned: po-e-c-?-1---- . Ef`P/ZZO 3j/eL/(
c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): '/ c2 X Sf2-
d. Area of Proposed Zonin Boundary (Excluding Right of Way):
e. Current zoning: 6. Requested zoning: ,
£ Reason() jjoning am' proposed use(s) of property: ',L 4z 6��44,, 7A) 7F 6 /vale
(/r
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 + $I0 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to
nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded
for failure of said amendment to be enacted into law. Any major change in any of the information given will require that
the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same
or portion of the 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
prope • : restion ' u rega •ds to the request.
S i �rsre of Ap cant
Date
28
Page 303 of 330
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
May 20, 2024
AGENDA ITEM TITLE
Resolution approving a Permanent Easement Agreement in the amount of $1,602.72, with Hy-Vee,
Inc., for sidewalk and traffic signal infrastructure, located near 2181 Logan Avenue, in relation to
roadway improvements at the North Crossing Development, and authorizing the Mayor and City Clerk
to execute said document.
RECOMMENDED COUNCIL ACTION
Approval
SUMMARY STATEMENT AND BACKGROUND INFORMATION
Transmitted is a request to enter into a Permanent Easement Agreement with Hy-Vee, Inc, for
sidewalk and traffic signal infrastructure easements, located near 2181 Logan Avenue, which is in
relation to roadway improvements at the North Crossing Development. The two easements are
located at the southwest corner of the intersection of Heath Street and Logan Avenue (Highway 63).
Traffic control signals will be installed at the intersection of Heath Street and Logan Avenue and the
traffic signal infrastructure easement will allow city crews to to maintain, repair or replace the signals
in the future. Attached to this transmittal is a map that shows the location of both easements on an
aerial photograph.
NEIGHBORHOOD IMPACT
The request would have a positive impact upon the area, as the traffic signals will provide a controlled
means of pedestrian movements for better safety.
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
SOURCE OF EXPENDITURES
Page 304 of 330
ALTERNATIVE ACTION
LEGAL DESCRIPTION
Sidewalk Easement
The North 10 feet of Parcel E in the Southeast Quarter, Section 11, Township 89 North, Range 13
West, Waterloo, Black Hawk County, Iowa
Traffic Signal Infrastructure Easement
The North 30 feet of the East 12 Feet of Parcel E in the Southeast Quarter, Section 11, Township 89 North,
Range 13 West, Waterloo, Black Hawk County, Iowa
ATTACHMENTS
1 Permanent Easement Agreement
2. Easement Exhibit
3. Aerial Map
Page 305 of 330
Prepared by Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 Phone (319) 291-4366
PERMANENT EASEMENT AGREEMENT
This Permanent Easement Agreement (the "Agreement") is entered into as of
, 2024 by and between the City of Waterloo, Iowa ("Grantee") and Hy-Vee, Inc.
("Grantor").
1. Grant of Easement. In consideration of the mutual promises and covenants contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept,
for the purposes stated herein, a permanent easement (the "Easement") in, to, upon, over, across,
and beneath the real estate (the "Premises") legally described as set forth on Exhibit "A" attached
hereto and by this reference made a part hereof, as depicted on the easement plat attached hereto as
Exhibit "B".
2. Purpose. The Premises is intended for use of a public sidewalk and traffic signal
base and mast arm.
3. Grantor Duties. Grantor shall allow Grantee access to the Premises, "as is, where
is", without any representation or warranty as to the condition of the Premises. Grantor shall have
no duty to prepare the Premises in any way for Grantee's use.
4. Grantee Duties. Following completion of Grantee's work in the Premises, Grantee
shall restore the Premises to its condition prior to the commencement of construction work,
including but not limited to reseeding any grassed areas disturbed by construction activities.
Except as may be caused by the negligent acts or omissions of Grantor, its employees, agents or
contractors, Grantor shall not be liable for any injury or damage to any person or property resulting
from Grantee's exercise of the rights herein granted. To the extent not prohibited by applicable
law, Grantee agrees to indemnify and hold Grantor and its tenants, and their respective employees,
agents and contractors, harmless against any loss, damage, injury or any claim or lawsuit for loss,
damage or injury arising out of or resulting from the negligent acts or omissions or willful
misconduct of Grantee or its employees, agents or contractors.
5. Maintenance. Pursuant to City of Waterloo ordinances, Grantor shall be solely
responsible for future sidewalk maintenance, repair and/or replacement and for snow removal upon
the sidewalk in question. Grantee shall be solely responsible for installation, maintenance, repair,
removal and operation of the traffic signal base and mast arm and any utilities that are essential to
its operation.
6. Authority. The persons executing this Agreement represent and warrant that they
are duly authorized to execute and deliver this Agreement and to bind to the provisions hereof the
party on whose behalf they are signing.
7. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the
benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement
between the parties pertaining to the subject matter hereof and supersedes all prior understandings or
agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be
modified except by the mutual written agreement of both parties. This Agreement may be executed in
counterparts. References in the singular number include the plural, and vice versa.
IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement
by their duly authorized representatives as of the date first set forth above.
Page 306 of 330
GRANTEE:
CITY OF WATERLOO, IOWA
By:
Quentin Hart, Mayor
Attest:
Kelley Felchle, City Clerk
STATE OF IOWA
BLACK HAWK COUNTY
Acknowledged before me on , 2024 by Quentin Hart and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
Notary Public
Page 307 of 330
GRANTOR:
Hy-Vee, Inc.
B .
arkey, 3vrV ice President
By:
athan Allen, Assistant Secretary
STATE OF IOWA, COUNTY OF POLK, ss
On this. 0 day of , 202`f , before me, the undersigned, a Notary
Public in and for the state of Iowa, personally appeared Jeffrey Markey and Nathan Allen, to me
personally known, who being by me duly sworn did say that they are the Executive Vice President
and Assistant Secretary, respectively, of Hy-Vee, Inc., an Iowa corporation, that the instrument to
which this is attached was signed on behalf of said corporation by authority of its Board of
Directors; and that the said Jeffrey Markey and Nathan Allen as such officers acknowledged the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by them
voluntarily executed.
kt.0 s77.1EJLuE L. JENSEN
COMMSION NO. 3588
MZ
1'coMj�_�
Not Public in and fo e
State of Iowa
Page 308 of 330
EXHIBIT "A"
Legal Description
Sidewalk Easement
The North 10 feet of Parcel E in the Southeast Quarter, Section 11, Township 89 North, Range 13,
West, Waterloo, Black Hawk County, Iowa
Traffic Signal Infrastructure Easement
The North 30 feet of the East 12 Feet of Parcel E in the Southeast Quarter, Section 11, Township 89
North, Range 13, West, Waterloo, Black Hawk County, Iowa
Page 309 of 330
EXHIBIT "B"
Plat for Easement
See attached.
Page 310 of 330
Exhibit "B"
HEATH STREET
EASEMENT EXHIBITS
SIDEWALK EASEMENT
THE NORTH 10 FEET OF PARCEL E IN THE SE 1/4 SEC.
11-89-13 IN BLACK HAWK COUNTY, IOWA
TRAFFIC SIGNAL INFRASTRUCTURE EASEMENT
THE NORTH 30 FEET OF THE EAST 12 FEET OF PARCEL E IN
THE SE 1/4 SEC. 11-89-13 IN BLACK HAWK COUNTY, IOWA
L
RIGHT-OF-WAY LINE / NORTH LINE PARCEL E
PUBLIC SIDEWALK
EASEMENT
TRAFFIC SIGNAL
INFRASTRUCTURE EASEMENT
—
CC
0' 10' 20'
PROPOSED
IMPROVEMENTS
PROPOSED TRAFFIC SIGNAL
BASE AND MAST ARM
LOGAI
Page 311 of 330
2181 Logan Avenue
Traffic Signal Easement
Public Sidewalk? Easement
Page 312 of 330
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
May 20, 2024
AGENDA ITEM TITLE
Resolution approving a request by Cedar Valley Fish Market for an Encroachment Agreement to
allow for the placement of a food trailer and related items in the right-of-way in front of 218 Division
Street, and authorizing the Mayor and City Clerk to execute said documents.
RECOMMENDED COUNCIL ACTION
Approval
SUMMARY STATEMENT AND BACKGROUND INFORMATION
The applicant is planning on placing a food truck and related items such as a garbage can in the
right-of-way in front of 218 Division Street. The food truck will also be serving food throughout
Waterloo for various events. Division Street is a short one -block street that ends at Lafayette Street to
the north, and Sycamore street to the south. It is a low -volume street and the proposed food truck
would not appear to have any negative impacts on the area.
NEIGHBORHOOD IMPACT
The request for an Encroachment Agreement will not have a negative impact on the surrounding
neighborhood.
DATA, ANALYSIS, AND STRATEGIES
IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION
COMMUNITY ENGAGEMENT METHODS
The item was heard at the March 12, 2024 Planning, Programming, and Zoning Commission meeting
and was recommended for approval unanimously.
SOURCE OF EXPENDITURES
N/A
ALTERNATIVE ACTION
Page 313 of 330
LEGAL DESCRIPTION
The Southwest 46 feet 8 inches of Lot 1 in Block 1 of Morning Side Addition, City of Waterloo, Black
Hawk County, Iowa.
ATTACHMENTS
1 3.12.24 - EA - 218 Division Street
2. 218 Division - Encroachment - Aerial Map
3. 218 Division - Encroachment - Overview Map
4. 218 Division Site Plan
5. Information
6. Narrative
7. Signed Agreement
8. Application
Page 314 of 330
March 12, 2024
REQUEST:
APPLICANT(S):
GENERAL
DESCRIPTION:
IMPACT ON
NEIGHBORHOOD &
SURROUNDING
LAND USE:
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
Request by Cedar Valley Fish Market for an Encroachment
Agreement to allow for the placement of a food trailer and
garbage can in the "M-2" Heavy Industrial District in front of
218 Division Street.
Cedar Valley Fish Market, 218 Division Street, Waterloo, IA
50701.
The applicant is proposing the placement of a food trailer and
garbage can at 218 Division Street, within the right-of-way of
Division Street.
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.
RELATIONSHIP TO The nearest trail is the Cedar Valley Lakes Trail, located
RECREATIONAL approximately 950 feet to the south of the project location.
TRAIL PLAN and
COMPLETE STREETS
POLICY.
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
BUFFERS
REQUIRED/ NEEDED:
DRAINAGE:
DEVELOPMENT
HISTORY:
FLOODPLAIN:
PUBLIC /OPEN
SPACES/ SCHOOLS:
There is a sidewalk along the south and north side of
Sycamore Street and the west side of Division Street.
The site is zoned "M-2" Heavy Industrial District and has been
zoned as such since the adoption of the zoning ordinance in
1969. Neighboring land uses and zoning are primarily
residential.
North, East, and West - primarily consists of commercial and
industrial development, and is zoned "M-2" Heavy Industrial
District.
South — Commercial and Industrial development, and is
zoned "M-1" Light Industrial District.
The request would not require any buffering by ordinance
standards.
The proposed Encroachment Area would not appear to have a
negative impact on drainage.
Commercial properties constructed between 1925 and 2022.
Residential properties constructed between 1919 and 1939.
The area where the food trailer and garbage can will be
placed is within the Zone X protected by Levee 500 year-
floodplain. The D-Firm panel number for the site is
19013C0302F.
There are no schools in the immediate vicinity and the nearest
open space is Lafayette Park which is 800 feet to the east of
the site requesting the encroachment.
Encroachment Area- Fish Market
Page 1 of 4
Page 315 of 330
March 12, 2024
Picture 1: Existing Fish Market and proposed encroachment agreement.
Picture 2: Encroachment area looking toward Sycamore.
Encroachment Area- Fish Market
Page 2 of 4
Page 316 of 330
March 12, 2024
Picture 3: Encroachment area looking toward Mulberry.
��._ 4 .raRawu40
uummer amnion
Picture 4: Front of market.
Encroachment Area- Fish Market
Page 3 of 4
Page 317 of 330
March 12, 2024
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER, ETC.
RELATIONSHIP TO
COMPREHENSIVE
LAND -USE PLAN:
STAFF ANALYSIS —
ZONING
ORDINANCE:
STAFF ANALYSIS —
SUBDIVISION
ORDINANCE:
STAFF
RECOMMENDATION:
Overhead electric is located within Division Street in the area
of the proposed trailer, however the proposed trailer is not
anticipated to have any impact on the overhead electric.
Lafayette Street has an 8" sanitary sewer main. Sycamore
Street has 4" drain tile, 8" sanitary sewer main, and 12" Storm
Sewer.
The Future Land Use Map designates the area as Industrial
and this request would be in compliance with the Future Land
Use Map and Comprehensive Plan.
The applicant is planning on placing a food truck and garbage
can in front of 218 Division Street. The food truck will also be
serving food throughout Waterloo for various events. Division
Street is a short one -block street that ends at Lafayette Street
to the north, and Sycamore street to the south. It is a low -
volume street and the proposed food truck would not appear
to have any negative impacts on the area.
During Tech Review, it was noted that the Fire Department
was to ensure that egress is maintained from the main
building and Engineering wants a condition that a 4-foot
sidewalk pathway is maintained.
The applicant is not proposing to subdivide the property.
Therefore, staff recommends that the Request by Cedar
Valley Fish Market for an Encroachment Agreement to allow
for the placement of a food trailer and garbage can in the "M-
2" Heavy Industrial District in front of 218 Division Street within
the right-of-way of Division Street, 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 applicant will be tasked with maintaining the food
truck.
Subject to the following conditions:
1. A fully signed and executed encroachment agreement.
2. That a 4-foot sidewalk pathway is maintained.
Encroachment Area- Fish Market
Page 4 of 4
Page 318 of 330
City of Waterloo Planning, Programming and Zoning Commission
March 12, 2024
Property Requesting Encroachment Agreement
218 Division
Encroachment Agreement
Cedar Valley Fish Market
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City of Waterloo Planning, Programming and Zoning Commission
March 12, 2024
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JOHN DORNOFF
From: AR1C SCHROEDER
Sent: Monday, February 12, 2024 8:44 AM
To: JOHN DORNOFF
Subject: FW: Mobile Food Unit Proposal
From: JR Morris<cedarvalleyfishmarket@gmail.com>
Sent: Wednesday, January 24, 2024 10:01 AM
To: ARIC SCHROEDER<AR1C.SCHROEDER@WATERL00-IA.ORG>
Subject: Mobile Food Unit Proposal
CAUTION: This email originated from outside the City of Waterloo email system. Do not click links or open unexpected attachments
unless you recognize the sender and know the content is safe.
Planning and Zoning Department
City of Waterloo, IA
Hello, my name is JR Morris and I'm the owner of Cedar Valley Fish Market here in
Waterloo. If you are not familiar with my business, I would like to highlight a few things.
We are a fish market that sells fresh and frozen fish and seafood as well as a restaurant. I
was able to add a mobile food unit to my business in 2021. In hindsight, this was a
pivotal move that forever changed the business model and outlook on my business. When
the pandemic hit in 2020, I was unsure of what the future of my business looked like and
had to adapt and overcome. Enter my food trailer. After purchasing my food trailer, I
began to utilize it to grow my business in a positive manner to overcome the hurdles set
in place due to the pandemic. It is now a large part of the business 6 months out of the
year. When in use, I generally travel and go out of town and out of state. This year I'm
looking to stick around the Cedar Valley more and that's why I'm writing this proposal. I
have an idea on utilizing my trailer here in Waterloo, but it would require special
approval from this department. With your permission, I would love to park my trailer in
front of my business on the days I would like to utilize it. Here's the catch if you're not
familiar with my location.....parking in front of my building would require me to park on
the street rather than a parking lot. We have "on street" parking down here. There
technically isn't designated parking on Division Street. Where I'm asking for permission
to park, is a spot that citizens of the Cedar Valley park every day that we are open for
business. I have an extended sidewalk that I could utilize while parking in this spot and
t
Page 322 of 330
3
Page 323 of 330
5
Page 324 of 330
Sent front my iPhone
7
Page 325 of 330
Planning and Zoning Department
City of Waterloo, IA
Hello, my name is JR Morris and I'm the owner of Cedar Valley Fish Market here in Waterloo. If
you are not familiar with my business, I would like to highlight a few things. We are a fish market
that sells fresh and frozen fish and seafood as well as a restaurant. I was able to add a mobile
food unit to my business in 2021. In hindsight, this was a pivotal move that forever changed the
business model and outlook on my business. When the pandemic hit in 2020, I was unsure of
what the future of my business looked like and had to adapt and overcome. Enter my food
trailer. After purchasing my food trailer, I began to utilize it to grow my business in a positive
manner to overcome the hurdles set in place due to the pandemic. It is now a large part of the
business 6 months out of the year. When in use, I generally travel and go out of town and out of
state. This year I'm looking to stick around the Cedar Valley more and that's why I'm writing this
proposal. I have an idea on utilizing my trailer here in Waterloo, but it would require special
approval from this department. With your permission, I would love to park my trailer in front of
my business on the days I would like to utilize it. Here's the catch if you're not familiar with my
location parking in front of my building would require me to park on the street rather than a
parking lotWe have "on street" parking down here. There technically isn't designated parking
on Division Street. Where I'm asking for permission to park, is a spot that citizens of the Cedar
Valley park every day that we are open for business. I have an extended sidewalk that I could
utilize while parking in this spot and not interfere with pedestrian traffic in the crosswalk or on
the street. I could place 1-2 picnic tables and a garbage can on this extended sidewalk for
customers to have an area to sit and eat on the nicer days. I have attached some photos. The
aerial view shows vehicles parking on the street while allowing traffic to still flow freely. It also
shows a vehicle parked in the proposed location. I have also attached a photo of the extended
sidewalk showing my idea for a picnic table. I have also attached photos of my personal vehicle
parked in the proposed spot, that roughly shows the amount of room needed off the curb stop
into the street. These photos also show the amount of room for traffic to flow without
interference(there's more room when the snow isn't present). Allowing me the approval of this
proposal would allow my business another option to grow in a positive manner right here on our
home turf. It would allow the people of the Cedar Valley another opportunity to support a local
business on a day when it's brick and mortar store isn't open. Thank you for your consideration
on this proposal.
JR Morris
Owner
Cedar Valley Fish Market
Page 326 of 330
ENCROACHMENT AGREEMENT
Prepared by: John Domoff, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
THIS ENCROACHMENT AGREEMENT is entered into by and between Noel Morris Jr.
and Marilyn L. Rubino, hereinafter Owners, and the City of Waterloo, Iowa, hereinafter "City"
this day of,4prf/
WHEREAS, Owners are the owners of real estate commonly known as 218 Division,
Waterloo, Iowa 50701 and legally described as: The Southwest 46 feet 8 inches of Lot 1 in Block
1 of Morning Side Addition, City of Waterloo, Black Hawk County, Iowa, hereinafter "Owners
Property"; and
WHEREAS, Owners are proposing to allow for the placement of a food trailer and ancillary
items, hereafter "Encroachment" that will encroach into City right-of-way; and
WHEREAS, for the benefit of Owners Property, the Owners are requesting to allow said
Encroachment within a portion of said City right -or -way along Division Street as shown on the
attached Exhibit "A"; and
WHEREAS, the City is willing to allow said Encroachment into said City Right -of -Way as
shown on attached Exhibit "A" (hereinafter the "Encroachment Area"), subject to the following
agreement regarding each parry's rights.
THEREFOR IT IS HEARBY AGREED by and between the parties as follows:
1. Owners 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.
2. The City grants Owners the right to place and maintain said Encroachment in said
right-of-way, subject to the rights of the City and/or any agency to which the City
has granted a utility franchise or right-of-way License Agreement to and for access
over, under and upon said right-of-way, expressly recognizing and acknowledging
that any damage that occurs to said Encroachment will be the sole risk and expense
of the Owners 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 or right-of-way License Agreement needs the Encroachment to be
temporarily moved for access to said right-of-way, Owners and all successors or
assign shall move said improvements in the Encroachment Area if present and able,
otherwise the City and/or any agency to which the City has granted a utility
franchise or right-of-way License Agreementshall be authorized to move said
Encroachment and assess any costs for moving against Owners or any successors or
assigns, or against Owners Property.
3. The term of this agreement shall be for so long as said Encroachment is maintained
by Owners, 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 Owners 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 Owners, or any successors and assigns, and that Owners, and any
successors and assigns agree to remove said Encroachment prior to the end of the
Page 327 of 330
60 days notice and termination of this agreement. If Owners, or any successors and
assigns fail to remove said Encroachment upon termination of this agreement,
Owners or any successors and assigns authorize the City of Waterloo to remove
said Encroachment and assess costs to Owners, or any successors and assigns, or
against Owners Property.
4. Owners, and all successors and assigns shall protect, defend, indemnify, and hold
hauiless 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 or right-of-way License Agreement 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 terms of this agreement.
IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by
their duly authorized officers as of the date first set forth above.
By: Noel Morris Jr.
Its: Contract Purchaser
_19✓06it1 1 Y Mfg
By: Manlyn L. ubino
Its: Owner
City of Waterloo:
By: Quentin Hart
Its: Mayor
Attest:
Kelly Felchle, City Clerk
STATE OF IOWA
OWNERS) SS.
On this CQ day of Ptak9,9, Noel Morris Jr. before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared to 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.
o
..614'"`
IOWA
EMILY SELIGA
Commission Number 849716
My Commission Expires
July 27, 2026
Page 328 of 330
45
STATE OF IOWA
OWNERS) SS.
)
On this?day of ' ' Marilyn L. Rubino before me, the undersigned, a Notary
Public in and for the State of-sza7personally appeared to 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.
HAILEY GOFF
Notary ID #134633743
My Commission Expires
November 6, 2027
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this day of , 2024, by Quentin
Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo.
Notary Public
Page 329 of 330
City of Waterloo Planning & Zoning Department
715 Mulberry Street, Waterloo, Iowa 50703
(319) 291-4366
❑ Offer to Vacate and Purchase City Right -of -Way
Zi Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement
❑ Sale of City -Owned Property
Applicant: CRov l/q/(ey FV f1 rktf7Address: 2/X blViSiai1 S
Noe./ rilerY7S,>' 1.41 4. vod :» '703
Email: Cedo -vc 1 L2,ef f 5 , wvos r 0_-f-€) w.
General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.):
Phone No.: (3t ) 23k-xl
(3 I`t) q t'i-- r3 6,
Legal description of area to be conveyed, vacated, or encroached:
c4� i-oc 4 ;+, �, - 0�= c�v vadLei js�, i'i ric J
�/fi D,�si�„� S-}-
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: 1f 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:
5. Other: PIease provide a site plan and/or aerial photo of the area to be vacated if the request involves
addit'.naLconstmucon as the reason for the request.
Applicant Date
*M.- von..i ror7-far nnran.n.+f ••nnnfar ri.ia..rnllr .,nnn4nr n.• R.+nrn nnl+.++a.•f A...•oa..+o.�tr
Page 330 of 330