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Council Packet - 8/18/2025
CITYOF q4 u TERLOO IOWA THE CITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, August 18, 2025 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 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 Page 1 of 339 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 the August 4, 2025 regular session, as proposed or amended. 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 Page 2 of 339 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 a cancellation of a sidewalk assessment for 304 South Street, Certificate No. 35-0017080, in the amount of$1,817.06. 3. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - First Offense with Jim's Foods, 437 Sullivan Avenue, Waterloo, Iowa 50701, and acceptance of a civil penalty in the amount of$300.00, and authorizing the Mayor and City Clerk to execute said document. 4. Resolution approving request of Maywood Real Estate, LLC, for a waiver for a concrete driveway, located at 108 Ogden Avenue, and authorizing the construction of an asphalt driveway and placing a driveway or sidewalk on City-owned right-of-way on an unimproved street. 5. Resolution approving the request of Rex Reed for a waiver for a concrete driveway, located at 389 Derbyshire Road, with the elimination of the sidewalk section due to inability to meet grade requirements. 6. Resolution of support for an application by 1515 Sycamore, LLC, for the Iowa Historic Tax Credit Program to the Iowa Economic Development Authority, to construct 87 dwelling units in conjunction with the rehabilitation of the Rath Administration Building, located at 1515 Sycamore Street, as approved by development agreement approved by the City Council by Resolution No. 2024-220, on April 15, 2024. 7. Resolution approving cancellation of a sidewalk assessment for property located at 1121 W. 8th Street, in the amount of$279.47, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. 8. Resolution approving an Award Agreement with the Iowa Levee Improvement Fund, for a grant in the amount of$280,000.00, in conjunction with the FY 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well, Contract No. 1066, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 9. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as August 28, 2025, and date of public hearing as September 2, 2025, in conjunction with Asbestos Abatement Services, Contract AB-2025-08-01 P, and instruct the City Clerk to publish notice. 10. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 4, 2025, and date of public hearing as September 15, 2025, in Page 3 of 339 conjunction with the FY 2026 Sidewalk Repair Assessment Program - Zone 5A, Contract No. 1127, and instruct the City Clerk to publish notice. 11. Resolution setting date of public hearing as September 15, 2025, to approve proposed repairs, in conjunction with the FY 2026 Sidewalk Inspection and Repair Program —Zone 5A, and approve a request to send out notification to property owners of proposed sidewalk repairs and estimate of costs, and instruct the City Clerk to publish notice. 12. Resolution setting date of public hearing for Monday, October 6, 2025 on an application for a State Revolving Fund loan and to make available to the public the contents of an environmental information document and the City's project plan, and instruct the City Clerk to publish notice. 13. Motion to approve Change Order No. 1 with Owen Contracting, Inc., of Cedar Falls, Iowa, for a net decrease of$139,049.45, in conjunction with Reconstruction of Taxiway A West, FAA AIP Project No. 3-19-0094-056-2023, and authorizing the Mayor and City Clerk to execute said document. 14. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Owen Contracting, Inc., of Cedar Falls, Iowa, in the amount of $2,328,474.30, in conjunction with the Reconstruction of Taxiway A West, FAA AIP Project No. 3-19-0094-056-2023 BIL. 15. Motion to approve the appointment of Amber Chase to the position of Administrative Secretary in the Waste Management Department, effective August 19, 2025. 16. Communication from the Building Inspections Department on the notice of the conclusion of employment of Timothy Troyer, Combination Inspector II, effective July 18, 2025, with recommendation of approval of payout of$3,713.07 for unused benefits. 17. Communication from the Library Department on the notice of the conclusion of employment of Mariah Bell, Library Assistant, effective August 1, 2025, with recommendation of approval of payout of$1,498.54 for unused benefits. 18. Motion to approve Exception to Burning Yard Waste Application by B & K Lawn Care to burn a 15-foot strip of native prairie vegetation around a pond on property located at Landmark Commons, 1400 Maxhelen Blvd., August 18-30, 2025, 9:00 a.m. - noon. 19. Motion to approve Exception to Burning Yard Waste Application by Cedar Valley Soccer Club to burn native prairie vegetation around the 21-acre complex located at 3238 Dewitt Road, October 20—December 31, 2025. 20. Cigarette/Tobacco/Nicotine/Vapor Permits New Star Fletcher, 315 Fletcher Avenue. (Device Permit) Express Mart, 2027 Falls Avenue. (Device Permit) 21. Liquor Licenses Dollar General #30998, 5570 Washington Street, Class B w/Sunday Sales (Ownership Update) Exp: 03/22/2026. Dub's Pub, 1106 LaPorte Road, Class C w/Outdoor Service and Sunday Sales, (Renewal), Exp: 09/12/2026. Page 4 of 339 Dub's Pub, 1106 LaPorte Road, Class C w/Outdoor Service and Sunday Sales, (Outdoor Service) Exp: 09/13/2025. Hy-Vee Food Store #1, 2834 Ansborough Avenue, Class E w/Sunday Sales (Ownership Update) Exp: 03/23/2026. Hy-Vee Food & Drug Store #3, 1422 Flammang Drive, Class E w/Sunday Sales (Ownership Update) Exp: 02/08/2026. Hy-Vee Wine & Spirits #1, 2126 Kimball Avenue, Class E w/Sunday Sales (Ownership Update) Exp: 11/14/2026. Hy-Vee Fast & Fresh #1, 3700 University Avenue, Class E w/Sunday Sales (Ownership Update) Exp: 10/31/2026. Hy-Vee Clubroom #1, 2834 Ansborough Avenue, Class C w/Sunday Sales (Ownership Update) Exp: 10/16/2025. Hy-Vee Fast & Fresh #3, 1512 Flammang Drive, Class B w/Sunday Sales (Ownership Update) Exp: 08/26/2026. Kwik Star#229, 1717 E. San Marnan Drive, Class B w/Sunday Sales (Renewal), Exp: 09/24/2026. Locke at Tower Park, 4140 Kimball Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 09/20/2026. Placita, 321 W. 4th Street, Class B w/Sunday Sales (Renewal) Exp: 07/13/2026. RiverLoop Expo Plaza, Class C w/Sunday Sales (Temporary Premise Transfer) Exp: 08/30/2025. Uni Mart, 1615 Bishop Avenue, Class E w/Sunday Sales (Premises Update) Exp: 02/26/2026. XO Food & Liquor, 428 Franklin Street, Class E w/Sunday Sales (Renewal) Exp: 08/09/2026. 22. Bonds. PUBLIC HEARINGS 1. Request by the City of Waterloo to rezone approximately 0.15 acres of land from "R- 2, C-Z" Conditional Zoning District to "R-2" One and Two Family Residence District west of 207 Hope Avenue. 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 the City of Waterloo to rezone approximately 0.15 acres of land from "R-2, C-Z" Conditional Zoning District to "R-2" One and Two Family Residence District west of 207 Hope Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 2. Sale and conveyance of approximately 0.19 acres of city-owned property, located west of 720 Upton Avenue, in the amount of$5,000.00, to Half Dozen Properties, LLC., including a Development agreement. Page 5 of 339 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 west of 720 Upland Avenue, in the amount of$5,000.00 to Half Dozen Properties, LLC, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Half Dozen Properties, for the construction of a two-family dwelling, having an approximate value of$320,000.00, and an infill incentive grant of$10,000.00, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 3. Sale and conveyance of approximately 0.20 acres of city-owned property, located northeast of 326 West 14th Street, in the amount of$1.00, to 5 Bees, LLC, including a Development and Minimum Assessment Agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city-owned property located northeast of 326 West 14th Street, in the amount of$1.00 to 5 Bees, LLC, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with 5 Bees, LLC, for the construction of a 2,560-square-foot building, with an approximate value of$178,000.00 and options for additional land, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 4. Sale and conveyance of city-owned property located south of 427 Iowa Street, to Iowa Heartland Habitat for Humanity, in the amount of$1.00, for the rehabilitation of 427 Iowa Street in the Walnut Neighborhood, including a Development Agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of city-owned property located south of 427 Iowa Street, to Iowa Heartland Habitat for Humanity, in the amount of$1.00, for the rehabilitation of 427 Iowa Street in the Walnut Neighborhood and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for rehabilitating one single-family home located at 427 Iowa Street and conveyance of the property south of 427 Iowa Street for$1.00, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director RESOLUTIONS 1. Resolution approving a Hold Harmless Agreement with Cedar Valley Catholic Schools of Waterloo, Iowa, in conjunction with student and parent ingress and egress through Miller Park off Carolina Avenue for the 2025-2026 school year, and beyond , and authorizing the Page 6 of 339 Mayor and City Clerk to execute said document. Submitted by: Todd Derifield, Leisure Services Interim Director 2. Resolution approving a Professional Services Agreement with Public Consulting Group, in the amount of five percent of federal share of reimbursements received from participation in the Ground Emergency Medical Transport program for each cost reporting cycle covered under said agreement and authorizing the Mayor to execute said document. Submitted by: Jason Hernandez, Medical Supervisor 3. Resolution approving a temporary easement agreement in the amount of$2,867.00 with John P. Khairallah, located at 520 La Porte Road, in conjunction with the La Porte Road Phase II Reconstruction Project, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 4. Resolution approving a request by VJ Engineering on behalf of 3 Stooges, LLC for the Final Plat of Martin Road Subdivision, a 3-lot industrial subdivision in the "M-2-P" Planned Industrial District located at 1330-1350 Martin Road Submitted by: Noel Anderson, Community Planning and Development Director 5. Resolution approving a request by Claude L. Manning and Rose M. Manning for an Encroachment Agreement to allow for a fence on city-owned right-of-way in the "R-2" One- and Two-Family Residence District located south of 806 Cloverdale Avenue on Lucas Street. Submitted by: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 7 of 339 August 4, 2025 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, August 4, 2025. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton-Smith, Mr. Chiles, Mr. Simon and Ms. Wilder. Mr. Feuss was absent. Prayer or Moment of Silence. Pledge of Allegiance, Nia Wilder, Ward 3 Council member. Approval of Agenda, as proposed or amended. Nichols/Boesen that the agenda as amended, by removing resolution item numbers 9 and 11, be approved. Voice vote-Ayes: Six. Motion carried. Approval of Minutes of the July 21, 2025, regular council session, as proposed or amended. Nichols/Boesen that the minutes of the July 21, 2025, Regular Session, as proposed, be approved. Voice vote- Ayes: Six. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Aaron Stacey Roberts, 411 Almond Street Chris Hale, 512 Mulberry Street - Main Street Waterloo Mr. Boesen requested an update on the LaPorte Road project. Jamie Knutson, City Engineer, provided an update on the project. Mr. Chiles commented that there is a concern about having to redo fiber laid by Waterloo Fiber around Huntington Road and Katoski Drive for the new school project. Jamie Knutson explained that Waterloo Fiber was well into their design and build before the city knew about road changes due to the school. Mr. Nichols requested an update on where the city is at with the mall acquisition project. Noel Anderson, Community Planning and Development Director, provided an overview of the project. Nichols/Boesen Page 1 of 14 Page 8 of 339 to close public comments. Voice vote-Ayes: Six. Motion carried. CONSENT AGENDA Nichols/Chiles that the following items on the consent agenda be received and placed on file, including the payment of bills for July 28, 2025, in the amount of$4,126,470.44, and August 4, 2025, in the amount of$853,230.73, be received and placed on file. Roll Call vote-Ayes: Six. Motion carried. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-427. Resolution setting date of public hearing as August 18, 2025, to approve a rezone request by the City of Waterloo to rezone approximately 0.15 acres of land from "R-2, C-Z" Conditional Zoning District to "R-2" One and Two Family Residence District west of 207 Hope Avenue, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-428. Resolution setting date of public hearing as August 18, 2025, for the sale and conveyance of approximately 0.20 acres of city-owned property, located northeast of 326 West 14th Street, in the amount of $1.00, to 5 Bees, LLC, including a Development and Minimum Assessment Agreement, for the construction of a 2,560 square foot commercial building, with an approximate value of $178,000.00 and options for additional land, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-429. Resolution setting date of Public Hearing as August 18, 2025, to authorize the sale and conveyance of city-owned property located south of 427 Iowa Street, to Iowa Heartland Habitat for Humanity, in the amount of $1.00, for the rehabilitation of 427 Iowa Street in the Walnut Neighborhood, including a Development Agreement, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-430. Resolution setting date of public hearing as August 18, 2025, for the sale and conveyance of approximately 0.19 acres of city-owned property, located west of 720 Upton Avenue, in the amount of $5,000.00, to Half Dozen Properties, LLC, with a Development Agreement, for the construction of a twin home having an approximate value of$320,000.00, and an infill incentive grant of$10,000.00, and instruct the City Clerk to publish notice. Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-431. Resolution approving submission of Traffic Safety Improvement grant application in the amount of$251,000.00, for signalization of NB US 63 (1st Street) and Sycamore Street intersection. Page 2 of 14 Page 9 of 339 Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-432. Resolution approving submission of Iowa DOT Traffic Safety grant application in the amount of $50,000.00, for temporary traffic signals. Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-433. Resolution approving submission of an Iowa DOT Traffic Safety Improvement Program grant application in the amount of $37,000.00 for a combination traffic signal mast-arm pole and the addition of a left turn lane for eastbound traffic on Broadway Street at Burton Avenue. Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-434. Resolution approving the award of hotel/motel tax council discretionary funds to Waterloo Leisure Services in the amount of$15,000.00, for the FY 2026 Golf Marketing Campaign. Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-435. Resolution approving the award of hotel/motel tax council discretionary funds to Waterloo Leisure Services in the amount of $15,000.00, for the FY 2026 SportsPlex Marketing Campaign. Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-436. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation -First Offense with Kwik Star#380, 506 W. 9th Street, and acceptance of a civil penalty in the amount of$300.00, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-437. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - First Offense with Neighborhood Mart, 2100 Lafayette Street, and acceptance of a civil penalty in the amount of$300.00, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-438. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - First Offense with Express Mart, 2027 Falls Avenue, and acceptance of a civil penalty in the amount of$300.00, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-439. Communication from the Waste Management Services Department on the notice of the conclusion of employment of Julianna Henrich, Administrative Secretary, effective July 18, 2025, with recommendation of approval of payout of$3,112.18 for unused benefits. Page 3 of 14 Page 10 of 339 Motion to approve an Exception to Burning Yard Waste Application by Cedar Valley Soccer Complex, to burn native grass within the 21 acres of park complex located generally at 3238 Dewitt Road, between October 20, 2025, and December 31, 2025, weather permitting. Motion to approve Final Quantity Summary with Cedar Valley Corporation, LLC, of Waterloo, Iowa, for a net decrease of $200,165.68, in conjunction with the FY 2024 Broadway Street Reconstruction Project, Contract No. 1095, and authorizing the Mayor to execute said document. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Cedar Valley Corporation, LLC, of Waterloo, Iowa, in the amount of $5,170,968.34, in conjunction with the FY 2024 Broadway Street Reconstruction Prosect, Contract No. 1095, and receive and file a two-year maintenance bond. Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-440. Communication from the Police Department on the notice of the conclusion of employment of Keaton Northup, Police Officer/Detective, effective June 27, 2025, with recommendation of approval of payout of$31, 342.86 for unused benefits. Motion to receive and file Airport Board minutes of June 18, 2025. Motion to receive and file Grout Museum funding reports of May 2025 and June 2025. Cigarette/Tobacco/Nicotine/Vapor Permits Metro Mart 1, 3201 W. 4th Street. (Retail Tobacco) Metro Mart 4, 2332 Falls Avenue. (Retail Tobacco) Vape Time, 325 Franklin Street. (Device Permit) Liquor Licenses a. BJ's Bar & Billiards, 110 Ida Street, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 07/29/2026. b. Cedar Valley Pride Fest, 300 4th Street, Class C w/Sunday Sales (New) Exp: 08/24/2025. c. Izumi Sushi and Hiabchi, 941 East San Marnan Drive, Class C w/Sunday Sales (New) Exp: 04.14.2026 d. Riverloop Expo Plaza, 400 Jefferson Street, Class C w/Outdoor Service and Sunday Sales (New) Exp: 08/12/2025. e. Waterloo Fraternal Order of Eagles, Class F w/Outdoor Service and Sunday Sales (Renewal) Page 4 of 14 Page 11 of 339 Exp: 07/14/2026. PUBLIC HEARINGS FYE 2026 Budget Amendment. Chiles/Nichols to receive and file proof of publication of notice of public hearing. Voice vote-Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Chiles/Nichols to close the hearing. Voice vote-Ayes: Six. Motion carried. Chiles/Nichols Resolution approving FYE 2026 Budget Amendment. Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-441. Mr. Boesen requested an overview of the budget amendment. Bridgett Wood, Finance Director, shared that there were some TIF projects that did not close in 2025 as intended, so this budget amendment gives us the authority to use the bond funds that we bonded for last year. Request by Malcolm Cleope to rezone approximately 0.27 acres of land from "C-2" Commercial District to "C-2, C-Z" Conditional Zoning District to allow an aquaculture shrimp farming wholesale business located at 2625 Falls Avenue. Nichols/Chiles to receive and file proof of publication of notice of public hearing. Voice vote-Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Nichols/Chiles to close the hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles 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 Mann Road Storage, LLC for a rezone of approximately 0.27 acres of land from "C-2" Commercial District to "C-2, C-Z" Conditional Zoning District to allow an aquaculture shrimp farming wholesale business located at 2625 Falls Page 5 of 14 Page 12 of 339 Avenue. Roll call vote-Ayes: Six. Motion carried. Mr. Simon questioned if there would be smells from the operation and if there would be follow- up or codes that could prevent the smell. Noel Anderson, Community Planning and Development Director, explained that the ordinance does contain wording that would allow investigations in the future, should there be offensive smells or smoke. Nichols/Chiles to suspend the rules. Roll call vote-Ayes: Six. Motion carried. Nichols/Chiles to consider and pass for the second and third times and adopt the ordinance. Roll call vote- Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5802. Request by the City of Waterloo to vacate two 10-foot drainage easements on Lots 4 and 5 of Warp 2nd Addition in the "M-2,P" Planned Industrial District located at and adjacent to 4050 Leversee Road. Boesen/Chiles to receive and file proof of publication of notice of public hearing. Voice vote-Ayes: Six. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Boesen/Chiles to close the hearing and receive and file recommendation of approval of the Planning, Programming and Zoning Commission. Voice vote-Ayes: Six. Motion carried. Boesen/Chiles to receive, file and consider and pass for the first time an ordinance approving a request by the City of Waterloo to vacate two 10-foot drainage easements on Lots 4 and 5 of Warp 2nd Addition in the "M-2,P" Planned Industrial District located at and adjacent to 4050 Leversee Road. Roll call vote-Ayes: Six. Motion carried. Boesen/Chiles to suspend the rules. Roll call vote-Ayes: Six. Motion carried. Boesen/Chiles to consider and pass for the second and third times and adopt the ordinance. Roll call vote- Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5803. RESOLUTIONS 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 Austin's Plat, a two-lot commercial subdivision in the "C-P" Planned Commercial District Page 6 of 14 Page 13 of 339 located east of 122 Black Hawk Road. Creighton-Smith/Nichols Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-442. Forest Dillavou, 1725 Huntington Road, requested an overview of the item. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Resolution approving the request by the City of Waterloo for the Minor Plat of Austin's Plat, a two-lot commercial subdivision in the "C-P" Planned Commercial District located east of 122 Black Hawk Road. Creighton-Smith/Nichols Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-443. Forest Dillavou, 1725 Huntington Road, requested an overview of the item. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Request by Harold-Reicks Surveying on behalf of Gregory H. Steffen for the minor plat of Parcels C & D in the "R-2" One and Two Family Residence District located southeast of 4192 Logan Avenue. Creighton-Smith/Nichols Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-444. Resolution approving a Development Agreement with 3350 University Avenue, LLC, for tax exemptions for the rehab of an existing building into fifty-eight multiple family units, with a $5,000.00 infill incentive for each unit totaling $290,000.00, with a minimum assessed value of $2,500,000.00, located at 3350 University Avenue, which is within the Consolidated Urban Revitalization Area, and authorizing the Mayor and City Clerk to execute said document. Simon/ChilesRoll Call vote-Ayes: Four. Nays: Two (Boesen, Simon). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-445. David Dryer, 3145 W. 4th Street, questioned how many square feet each unit will be. Brent Dahlstrom, 3350 University Avenue, LLC, provided information about the building's history and his vision for bringing affordable units to Waterloo. He explained that the hotel had approximately ninety units, which he plans to nearly double the size of each, and that utilities and the internet are included in the monthly rent. This will allow people to move into something that is brand new, very nice and affordable. He explained that one housing project that they had just opened in Cedar Falls was completely leased, instantly. He commented that they have another project in Waterloo that rents at about $900 per month, and they receive approximately 30 inquiries each week. Page 7 of 14 Page 14 of 339 Mr. Boesen asked for the square footage of the units. Brent Dahlstrom shared that the average square footage would be in the 400-500 range. Mr. Boesen questioned the rent amount for the units. Brent Dahlstrom commented that he anticipates they will start in the $700-$800 range. Mr. Boesen commented that he has a problem with calling remodeling an existing building infill housing. Ms. Creighton-Smith shared that she serves many people who are desperate to find a quality place to live and would take a small place rather than be homeless. Mr. Chiles shared that he understands Mr. Boesen's concerns about precedent-setting, adding that it is important we have council's discretion to be selective for each project. He further shared that he has received a lot of complaints about the building, and said he supports moving forward. Mr. Simon asked the developer's personal opinion that the project is really a remodel and therefore should not receive incentives. He further asked Noel Anderson if there was any concern that this would be setting a precedence. Noel Anderson, Community Planning and Development Director, commented that the Elevate Housing Policies that were recently adopted were based on what we are seeing other communities are doing to compete. Some of which are giving 100 percent tax incentives for ten years. Mr. Chiles questioned when construction would start. Brent Dahlstrom commented tomorrow if this passes. Mr. Chiles questioned when they would start to rent the units. Brent Dahlstrom shared that the leasing season picks up in April, so it is his goal to beat that. Mr. Simon questioned the procedure of how an item gets on an agenda after it was voted down. Kelley Felchle, City Clerk, explained that when a motion gets voted down, as was the case at the last council meeting, the council has the opportunity to reconsider. If the motion to reconsider passes, then the item would be placed on the next council agenda to be voted on, which is why these are on tonight's agenda. Mr. Boesen questioned where the $290,000.00 was coming from. Noel Anderson explained it could come from Nuisance Bonds or University TIF Funds. Resolution approving an amendment to the Development and Minimum Assessment Agreement with FDP OC, LLC, originally approved on October 1, 2024, for the City to acquire a portion of the property located at 503 Commercial Street for future downtown development, and Page 8 of 14 Page 15 of 339 authorizing the Mayor and City Clerk to execute said document. Nichols/Creighton-Smith Roll Call vote-Ayes: Four. Nays: Two (Boesen, Simon). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-446. David Dryer, 3145 W. 4th Street, questioned the cost to the city. Noel Anderson, Community Planning and Development Director, provided an overview of the agenda item. Mr. Boesen commented that the date is incorrect for when it was originally approved and should be August 5, 2024, rather than October 1, 2024. He further commented that he did not support the project then and cannot support it now. Mr. Chiles questioned if the city could afford this project. Noel Anderson explained that we did bond some money for downtown development. The bonds would be paid back per year, allowing TIF revenue to come in on an annual basis to pay for other projects as well. Jon Davidshofer, Build to Suit, provided an overview of the project and the vision for this downtown development. Mr. Boesen questioned if the resolution needed to be amended due to the error, as the development agreement says that plans are to be submitted to the building department and that construction would begin within one year of the date of approval. Noel Anderson explained that an amendment could be read in with this motion. However, normally, with Scribner errors, they would file an affidavit through the attorney's office noting the error. Council continued discussion with Jon Davidschofer. Resolution approving a temporary access easement agreement with McDonald's USA, LLC, located at and adjacent to 2222 Logan Avenue, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-447. Resolution approving a temporary easement agreement in the amount of $197.00 with C and S Properties, LLC, located at 1018 La Porte Road, in conjunction with the La Porte Road Phase II Reconstruction Prosect, and authorizing the Mayor and City Clerk to execute said documents. Boesen/Nichols Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-448. Request by Michele N. Isom (formerly known as Michele N. Clark) for an Encroachment Agreement to allow for a fence on city-owned right-of-way in the "R-2" One and Two Family Page 9 of 14 Page 16 of 339 Residence District located north of 760 Cloverdale Avenue on Lucas Street, and authorizing the Mayor and City Clerk to execute said document. Boesen/Nichols Roll Call vote-Ayes: Two. Nay: Four (Boesen, Creighton-Smith, Chiles, Simon). Motion failed. Resolution No. 2025-449. Mr. Boesen commented that he believes that the city gives out permits for fences, but they don't go back and inspect the fences. If fences were inspected, it would have been caught that the fence encroached. Resolution approving a Development and Minimum Assessment Agreement with Crossroads Square Partners, LC, for the rehabilitation and other building improvements with a minimum assessed value of $5,800,000.00, ten years of percent tax rebates at a graduated scale, located at 1820 East Ridgeway Avenue, and authorizing the Mayor and City Clerk to execute said document. Removed from the agenda. Resolution approving a first amendment to the Development Agreement with Midwest Development Company, to amend the timeline of completion for three single-family homes and to allow for the construction of a total of thirteen single-family homes and five duplexes, located in the Lincolnshire Addition subdivision, and authorizing the Mayor and City Clerk to execute said document. Nichols/Chiles Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-450. Resolution approving a Development Agreement and Minimum Assessment Agreement with Camelot Apartments Partners LC, for the rehabilitation and other building improvements with a minimum assessed value of $5,800,000.00, ten years of percent tax rebates at a graduated scale, located at 1650 Camelot Drive, and authorizing the Mayor and City Clerk to execute said document. Removed from the agenda. Resolution approving Supplemental Agreement No. 2 with AECOM, of Waterloo, Iowa, in the amount of $147,300.00, in conjunction with the FY 2026 Ansborough Avenue and Highway 20 Improvements, Contract No. 1136, and authorizing the Mayor and City Clerk to execute said document. Nichols/Chiles Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-451. Resolution approving a Construction-Related Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, in the amount of $168,500.00, in conjunction with the Replacement of Passenger Boarding Bridge Project, FAA AIP 3-19-0094-057-2025, and authorizing the Mayor to execute said document. Nichols/Chiles Page 10 of 14 Page 17 of 339 Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-452. Resolution approving Amendment No. 1 to the Professional Services Agreement for Construction-Related Services with AECOM Technical Services, Inc., of Waterloo, Iowa, for a zero-dollar change, moving funds from AECOM to subcontractor, Braun Intertec, in conjunction with the Pavement Rehabilitation Project, FAA AIP No. 3-19-0094-053 and 3-19-0094-056, and authorizing the Mayor and City Clerk to execute said document. Nichols/Creighton-Smith Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-453. Resolution approving an agreement with Windcave Inc., of Phoenix, Arizona, for payment processing in conjunction with the installation of EMV credit card readers at Waterloo Regional Airport, and authorizing the Mayor to execute said document. Nichols/Creighton-Smith Roll Call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-454. OTHER COUNCIL BUSINESS Hearing and Order Assessing $300.00 civil penalty to BP Fuel dba Star Mart, 127 Jefferson Street, Waterloo, Iowa 50701, for sale of tobacco to minor violation-first offense. Nichols/Chiles to open the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to close the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to institute an Order assessing $300.00 civil penalty to BP Fuel dba Star Mart, 127 Jefferson Street, Waterloo, Iowa 50701, for sale of tobacco to minor violation-first offense. Voice vote- Ayes: Six. Motion carried. Hearing and Order Assessing $300.00 civil penalty to Family Dollar, 1608 University Avenue, Waterloo, Iowa 50701, for sale of tobacco to minor violation-first offense Nichols/Chiles to open the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to close the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to institute an Order Assessing $300.00 civil penalty to Family Dollar, 1608 University Avenue, Waterloo, Iowa 50701, for sale of tobacco to minor violation-first offense. Voice vote-Ayes: Six. Motion carried. Page 11 of 14 Page 18 of 339 Hearing and Order Assessing $300.00 civil penalty to Casey's General Store, 1604 LaPorte Road, Waterloo, Iowa 50702, for sale of tobacco to minor-first offense. Nichols/Chiles to open the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to close the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to institute an Order Assessing $300.00 civil penalty to Casey's General Store, 1604 LaPorte Road, Waterloo, Iowa 50702, for sale of tobacco to minor-first offense. Voice vote-Ayes: Six. Motion carried. Hearing and Order Assessing $300.00 civil penalty to Casey's General Store, 1900 W. Ridgeway Avenue, Waterloo, Iowa 50701, for sale of tobacco to minor-first offense. Nichols/Chiles to open the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to close the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to institute an Order Assessing $300.00 civil penalty to Casey's General Store, 1900 W. Ridgeway Avenue, Waterloo, Iowa 50701, for sale of tobacco to minor-first offense. Voice vote- Ayes: Six. Motion carried. Hearing and Order Assessing $300.00 civil penalty to R Smoke Plus, 3821 University Avenue, Waterloo, Iowa 50701, for sale of tobacco to minor-first offense. Nichols/Chiles to open the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to close the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to institute an Order Assessing $300.00 civil penalty to R Smoke Plus, 3821 University Avenue, Waterloo, Iowa 50701, for sale of tobacco to minor-first offense. Voice vote-Ayes: Six. Motion carried. Hearing and Order Assessing $300.00 civil penalty to R Smoke Plus, 3620 Kimball Avenue, Waterloo, Iowa 50701, for sale of tobacco to minor-first offense. Nichols/Chiles to open the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to close the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles Page 12 of 14 Page 19 of 339 to institute an Order Assessing $300.00 civil penalty to R Smoke Plus, 3620 Kimball Avenue, Waterloo, Iowa 50701, for sale of tobacco to minor-first offense. Voice vote-Ayes: Six. Motion carried. Hearing and Order Assessing $300.00 civil penalty to Prime Mart #5, 508 Broadway Street, Waterloo, Iowa 50703, for sale of tobacco to minor-first offense. Nichols/Chiles to open the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to close the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to institute an Order Assessing $300.00 civil penalty to Prime Mart #5, 508 Broadway Street, Waterloo, Iowa 50703, for sale of tobacco to minor-first offense. Voice vote-Ayes: Six. Motion carried. Hearing and Order Assessing $300.00 civil penalty to Casey's General Store, #2866, 51 E. Tower Park Drive, Waterloo, Iowa 50701, for sale of tobacco to minor-first offense. Nichols/Chiles to open the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to close the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to institute an Order Assessing $300.00 civil penalty to Casey's General Store, #2866, 51 E. Tower Park Drive, Waterloo, Iowa 50701, for sale of tobacco to minor-first offense. Voice vote- Ayes: Six. Motion carried. Hearing and Order Assessing $300.00 civil penalty to Kingstar, 2035 E. Mitchell Avenue, Waterloo, Iowa 50702, for sale of tobacco to minor-first offense. Nichols/Chiles to open the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to close the hearing. Voice vote-Ayes: Six. Motion carried. Nichols/Chiles to institute an Order Assessing $300.00 civil penalty to Kingstar, 2035 E. Mitchell Avenue, Waterloo, Iowa 50702, for sale of tobacco to minor-first offense. Voice vote-Ayes: Six. Motion carried. ADJOURNMENT Chiles/Boesen that the council adjourn at 6:57 p.m. Voice vote-Ayes: Six. Motion carried. Page 13 of 14 Page 20 of 339 Kelley Felchle City Clerk Page 14 of 14 Page 21 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Kelley Felchle, City Clerk August 18, 2025 City Clerk Department AGENDA ITEM TITLE Resolution approving a cancellation of a sidewalk assessment for 304 South Street, Certificate No. 35-0017080, in the amount of$1,817.06. RECOMMENDED COUNCIL ACTION Approval. 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 22 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Martin Petersen, City Attorney August 18, 2025 Legal Department Department AGENDA ITEM TITLE Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - First Offense with Jim's Foods, 437 Sullivan Avenue, Waterloo, Iowa 50701, 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 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. Tobacco Violation-1st Jim's Foods, 437 Sullivan Avenue, Waterloo, Iowa Page 23 of 339 Page 24 of 339 CITY OF WATERLOO , IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo,!A 50703 • (319)291-4327 Fax(319)291-4286 June 27, 2025 Jim's Foods 43 7 Sullivan Avenue Waterloo, Iowa 50701 Re: Jinn's Foods, 437 Sullivan Avenue, Waterloo, Iowa Tobacco Volation-First Offense Dear Owner: The City of Waterloo has scheduled a hearing before the Waterloo City Council on the 4"' day of August, 2025 at 5:30 p.m., in the Waterloo City Council Chambers, Second Floor, City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703. The hearing complaint, which has been filed against you, is attached. If you or your representative fail to appear at this hearing, a decision may be rendered against you. You have the opportunity to be heard at this hearing and to be represented by an attorney at your own expense regarding the mandatory $300.00 civil penalty prescribed by Iowa Code §453A.22(2)(a) for the violation of§453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under twenty-one years of age. If you wish to settle this case in lieu of the public hearing, you may complete the attached Acknowledgment/Settlement Agreement, returning the original copy, properly signed and dated, to Martin M. Petersen, Waterloo City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703, no later than July 21,2025 prior to the August 4, 2025 council meeting. With this Acknowledgment/Settlement Agreement, you must include a check in the amount of$300.00 made payable to the City of Waterloo. This will satisfy the penalty for a First Violation under Iowa Code §453A.22(2) and this will conclude the matter. If you have any questions, you may reach me at (319) 291-4327. If you have obtained representation by an attorney in this matter, the attorney should contact me. Sincerely, Martin M. Petersen Waterloo City Attorney mrnp:sda Enclosures:Hearing Complaint,Acknowledgment/Settlement Agrecment CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opporlunity/Affirmative Action Employer Page 25 of 339 IN RE: JIM'S FOODS ACKNOWLEDGMENT/ 437 SULLIVAN AVENUE SETTLEMENT AGREEMENT WATERLOO, IOWA 50701 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 S300.00 made payable to the City of Waterloo to settle the above- referenced complaint. The above-captioned permit holder hereby waives all jurisdictional claims. JIM'S FOODS (437 Sullivan Avenue, Waterloo, Iowa 50701) A H MA-D (Signature of Owner) Date: 07 -- 23 — ZoZS _ 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, return this document, properly signed and dated, along with your$300.00 check made payable to the City of Waterloo, should be returned to: Martin M. Petersen,Waterloo City Attorney, 715 Mulberry Street,Waterloo,Iowa, 50703. THIS MUST BE RETURNED NO LATER THAN JULY 21.,2025. Page 26 of 339 ARSALLAN INC 4164 i 437 SULLIVAN AVE WATERLOO,IA 50701 DATEPAY ✓� OBJ �P'J �aCHFhCKoARMPR ' TO THE ORDER OF �1� OLrC�'► 1� T Q� QL1 DOLLARS&I First interstate&ank assaaz�ans fx'rs:irnerstare.com FOR x � a■004 11 L, 1:09 240 168 31: 0 443 279 241I■ .. ... ...... _ _ Page 27 of 339 f �• 4F Compliance_Check Form FV 2025 Retailer: 1 S Jed Address: J Cilty: State: ZIP. Results(check one -- ): tln�b��to Cbmpl,�te � � if Up,�Es�r3 to,Co1mp,Jete#he;C`omI�lia ce� Ck"ne} �,� The et�blishrnerit hds a r �ide7in�t bud ddb`s not seU'fal�accp Date Checked: Compiiant ;4 a�terriaflva nrcotinery rod(i S, l'�rtit state$v¢x� ed` yty'C`J �at Cpun#y Time Checked:� Non-Compliant cr The estalsE�. E Ment no janger} ql "valid b e"cow lternatrve Clerk Information: [dale` Female 1 lbshtn`e'ox V�Sbr PF``od id'€'1?e mit, a `T , ' (Name(only required if Non-Gompiiant) " s r h r estaialrshrnentls out of I�usrriess. " }f�� /�) /j First Name: 'Middle initial: * The 0stab[M."i rs deal to �tlQ rtr6Y M�x l0 Last Name;. Case#: J�- � �, { • ;tlnat�sap{qry Coriiort�w Was�� >ifiedID1�PGI'Im�rQ'sgator . ' �Tra ecar<duct� av� l)Sth Gyq p 4 ave issued a criminal citation to the cleric listed above for selling r k 14 hof#E�a remrse` +Y tobacco,alternative nicotine or vapor products to a person under 'Explanation is reglr in Cgmrne�tts Sc'on lbelorvy age twenty-one_Iowa Code§453A.2(1). If.�ona of the above;reaso�s5 apply,�rrii�e the rea'satx�rhd explanation on ' (NOTE:if ther compliance check result is Non-Compliant,a citation must lh 'Eiaok Afrtt�is fgnieespage 5 for e. easnr�list be issued before your department may receive payment.) Trooper Information (trooper that conducted the compliance check) First Name: .—JA Middle IniW: Last Na e: Badge: Department.- Confidential epartment:Confidential Informant (CI) Cl Age: 16 ❑ 17 o 18)� 19 0 20 Q Cl Gender: Male o Female CI Number: J 1 (Last 4 digits of Cl's iD} Cl Race: While Y Asian/Pacific Islander cr Black © America, Indian/Alaskan Native c: Unknown: o Cl Ethnicity: Not of Hispanic Origin )( Hispanic Origin c: Unkn�dwn Results of Attempted Purchase Attempted Purch $e item: Cigarettes Smokeless Tobacco Q Other Tobacco Product ro Vapor Product ❑ Alte Age Requested? Yes o No rnat:ve Nicotine Product a Requested? Yes No D Comments: Troop ignature Page 28 of 339 IN RE: JIM'S FOODS HEARING COMPLAINT 437 SULLIVAN AVENUE FIRST VIOLATION WATERLOO, IOWA 50701 The City of Waterloo hereby makes the following complaint against the above-named permittee: I. Iowa Code §453A.2(1) provides that a person shall not"sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under twenty-one years of age." 2. Iowa Code §453A.22(2)(a)provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(l), the permit holder shall be assessed a civil penalty of Three Hundred Dollars ($300.00) for a first violation of Iowa Code §453A.2(1). 3. On or about April 28, 2025, the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under twenty-one years of age. A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above-referenced section of Iowa Code Chapter 453A and assess a civil penalty in the amount of Three Hundred Dollars ($300.00) against Jim's Foods, 437 Sullivan Avenue, Waterloo, Iowa 50701. Nit Martin M. Petersen Waterloo City Attorney Page 29 of 339 Aev.1212�, Q11 _ IOWA INCIDENT REPORT Case 6 W25-03513035136 WATERLOO POLICE DEPARTMENT Dale/Time ofReport 715 MULBERRY ST 4/28/2025 16:50 Hrs tus IOWA WATERLOO,IA 50703 01-ACTIVE (399)291-4340 SUMMARY County ReportType ORI Number BLACK HAWK-07 0-INITIAL INCIDENT IA0070300 Is Date and Time of Incident Date or Upper Date Incident Tlme or Upper Time Incltlent Known? Yes Lower Date Range 0412812026 Range Lower Time Range 16:30 Hrs. Range Hrs. Day of Weak Incldant Occurred Excopdonally Cleared Date Cleared Exceptionally MONDAY INCIDENT REPORTED BY Was Incident Reported Reporting Victim's Name-Last First Mkddlo Suffix by a Victlm7 NO Sequence No. FRANA ANDREA Buslnozs Name(if incident was Reported by a Business) - Address 715 MULBERRY ST City State Zip Code Horne/Celt Phone Work Phone WATERLOO IA 50703 (319)291-4340 OFFENSE 001 Sec.No, Ordinance Codo Soctlon UCR Offanso Codo 001 STATE 453A.2(1) ALL OTHER OFFENSES-90Z ChargeslOffense AttemptodlComploted EMPLOYEE PROVIDING TOBACCOIVAPOR PRODUCT TO PERSON UNDER 21-1ST OFF C-COMPLETED Typo of Criminal Activity(up to 3) D-DISTRIBUTING/SELLING Type of WeaporlForce Invevod(up to 3) Gang infonoatlon(up to 2) No.of Prorriisos Entered Method of Entry Offender Suspected V Using(up to 3) LOCATION OF OFFENSE Location Typv x7 Tcordinate Y Coordinate 07-CONVENIENCE STORE 1652932.312 14704077 Literal Description SULLIVAN AVE VICTIM 001 Typo of Victim Sequence No, BuslnosslOrganizationlStatelCountyfMunicipality Name S-SOCIETYIPUBLIC 001 Address City State Zp Coda Phone VICTIM CONNECTED TO UCR OFFENSE CODES LCR Offense Code 1 UCR Offonse Codo 2 ALL OTHER OFFENSES-90Z UCR Offense Code 3 UCR Offonso Code 4 UCR Offense Code 5 UCR Offonso Code 6 UCR Offense Code 7 UCR Offon3o Coder 8 UCR Offonso Code 9 UCR Offense Code 10 ADDITIONAL OFFENSE CIRCUMSTANCE INFO Aggravated AssaulVHomlcldo Circumstances(up to 2) Additional Justifiable HDmlcide Circumstances END OFFENSE 001 OFFENDER 001 Type of Offender IsequenceNo. I NIBRS Offortse Sequence Numbers Lesser Offense Sequence Numbers 01-Offender 1001 Name-Last First Mlddle Suffix ASGHAR MUHAMMAD Alias(ez) Addrosc City State Z[p Code Hame Phone 1412 W 3RD STREET WATERLOO ]A 50701 (917)578-5589 DOB Known? DOB Aga or Lower Ago Range Upper Ago Range SSN Resident Status YES 05/27/1971 53 829$0-7164 R-RESIDENT Printed At: WATERLOO POLICE DEPARTMENT 6/27/2025 3:17 AM Papa 1 Fenn#: W25-036136 Page 30 of 339 Driver's License-Number State Gander Height Wolght Eye Celor Halr Color 463533241 [A M-MALE 15'03" 160 LBS BLACK-ELK BLACK-BLK Skin Toro Race Ethnlcity LIGHT BROWN-LBR U-UNKNOWN U-UNKNOWN ScarslMorksfrattoos Offender Present When Officer Arrived? YES Type of Injury(up to 5) EMPLOYMENT OR SCHOOL INFO Employer or School Occupation JIM'S FOOD CLERK Address City State Z6p Code Work Phone 437 SULLIVAN AVENUE WATERLOO IA 50701 ARREST INFO Offender Arrested? Arrest Trans.Booking No. Type of Arrest Arrest pate Arrest Time NO I I Hrs. Associated Offonse Sequence No. Miranda By Miranda Date Miranda Time Hrs. Arrostoo Condl6on Arrastee Armed With(up tc 2) Place of Birth Multiple Arrostee Indicator Additlonal incidents Cleared JUVENILE INFO ParantlGuardian Contacted? Name-Last First middle Suffix Address City State ZIP Code Homo Phone Work Phone fiuvonJo Arrostoo DIsposltlon END OFFENDER 001 OFFICER'S INVESTIGATIVE NOTES On Monday,April 28,2025,at approximately 1630 hours,Officers with the Waterloo Police Department were completing tobacco compliance checks, Officers with the use of an underage C1 went into Jim's Food,located at 437 Sullivan Street. The C[approached the store clerk,who is the listed offender and asked for a pack of Newport shorts. The Offender asked for the Ci's ID and rang up the cigarettes,making change for the transaction. Officers advised the Offender he had sold to an 18 year old. The Offender said he looked at her ID and thought she was 23. The cigarettes were seized and tagged into evidence at the police station. A seizure notice was completed and given to the Offender. The Offender was also served the paperwork for selling tobacco to a minor. Case closed. OFFICER omplalnantlReporting Party Slgnaturo Reporting Officer IBadge Number upenriser Badge Number FRANA ANDREA IB3641 ROSE,STEVE B3662 doo Taken?(Check All That Apply} jEvfdonco Soizod? Photos Taken? 4-BODY CAMERA IYES NO ncident Asskgnucl To DETECTIVES PdntedAt WA7ERL00 POLICE DEPARTMENT 6/2712025 3:17 AM Page 2 Form#-. W2643$136 Page 31 of 339 IN THE IOWA DISTRICT COURT IN AND FOR This Complaint and Affidavit is to be: BLACK HAWK COUNTY r;71 Filed with Court Clerk(cc:CA) ❑ Submitted to County Attorney Form Number.W26-035136 ❑ Filed with JCO-Defendant is a Juvenile Arrest Date:04/28/2025 THE STATE OF IOWA vs. OFFENDER Last First Middle Suffix ASGHAR IMUHAMMAD Address City State 11"50702 ip Code 1412 W 3RD ST WATERLOO IA DL# State DL Class DL Endorsements DL Restrictions 463533241 NY E Date of Birth Gender Race Ethnicity 05/27/1971 MALE, UNKNOWN-U NOT OF HISPANIC ORIGIN-N Height Weight Eye Color Hair Color 51031, 160 LBS BROWN-SRO BLACK-BLK OFFENSE State County Local Code Section Crime Description Speed in Zone ® 1:1 ❑ 453A,2(1) EMPLOYEE PROVIDING TOBACCOIVAPOR PRODUCT TO PERSO Class SCHT Serious P.I. ❑ Fatal Accident LlCivil Damage Assessment ❑ Other ❑ Location Type 07-CONVENIENCE STORE Literal Description 437 SULLIVAN AVE Address CityState Zip Code WATERLOO Is Date and Time of Incident Known? Incident Date or Low Range Upper Date Range Incident Time or Low Range Upper Time Range YES 04/28/2025 16:30 STATUS OF OFFENDERI.IUVENILE 1-1 TAKEN INTO CUSTODY CUSTODY ® SUMMONS TO APPEAR (Citation Issued) ❑ WARRANT REQUESTED T ORDER RELEASED TO ❑ REQUESTED ❑ PARENT GUARDIAN NARRATIVE Narrative of Offense Committer! On or about the above stated date and time,the Defendant did unlawfully sell, give or otherwise supply tobacco,tobacco products or cigarettes to a person under twenty one years of age by an employee of a retailer SUMMONS I promise to appear in said court at said time and place. Court Date 0511312025 tur.os perentWt� Signature of Defendant CourtTime 9:00 AM In the CourtAt SLACK HAWK COUNTY COURTHOUSE 316 EAST FIFTH STREET,WATERLOO 50703 PdntedAt WATERLOO POLICE DEPARTMENT 6/2712025 3:17 AM Papa 1 of 2 Formal: W25-635135 Page 32 of 339 AFFIDAVIT STATE OF IOWA, BLACK HAWK COUNTY I,the undersigned,being duly sworn,state that all facts contained in this Complaint and Affidavit,known by me or told to me by other reliable persons form the basis for my belief that the defendant committed this crime State all facts and persons relied upon supeortintl elements of aIle ed crime On Monday,April 26,2025,at approximately 1630 hrs,Officers were conducting underage tobacco compliance checks on Waterloo businesses. At around this time,Officers sent an under age confidential informant(Cl)into Jim's Foods at 437 Sullivan Ave. The under aged C1 approached the clerk working the counter, identified as the defendant,and asked for a package of Newport shorts cigarettes. The defendant asked for an ID and the under age CI provided her legal ID. The clerk looked at the ID,gave it back to the under age Cl,and started to make change of the cash given to him by the CI to complete the sale. The CI left the store and the defendant was contacted by this Officer who advised that he had just sold to an under age person. RASMUSSEN,MICHAEL R3640 Signature of Complainant or Officer,Officer Name&Number GENERAL PROBABLE CAUSE Defendant Implicated 02-CAUGHT IN ACT,08-CRIME OBSERVED BY OFFICERS Operating Motor Vehicle in CountyOther Physical Evidence Attempted To Inflict Injury STATE OF IOWA, BLACK HAWK COUNTY t Subscribed and sworn to before me by the person(s)signing the Complalnt and Affidavit(s)on 0 412 812 0 2 5 aeR �'� Notary Name STEVEN BOSE Signature of verifying Party Z e r ♦ ♦ Commission Number 852978 tQWA My Commission Expires 01/0312027 ® Peace Officer Notary Prosecuting Attomey PdnaadAt WATERLOO POLICE DEPARTMENT 6/27/2025 3:17 AM Page 2 of 2 Form#, W25-435136 Page 33 of 339 6/27125,9:45 AM Trial Court Search Iowa Courts Online Electronic Docket Search Results Help Record Search Back Home New Search Trial Court Case Details [Summary] Parties [LongTitle] Property/Lis Pendens [Criminal Charges/Disposition] Lu d, Exhibits [Financial] [fonds] Service Retums Traffic Dglkla Summary Title: STATE OF IOWA VS ASGHAR, MUHAMMAD r.. N1111 S Case: 01071 STA025 833 8 (BLACK HAWK) Citation Number. W2503513 Originating C ,aunty Created BLACK HAWK 04/29/2025 Disposition Status Disposition Reopened microfilm Ref Date Date VIOLATIONS 05/06/2025 HANDLED BY CLERK Charges Speedy Trial: Count _Q_n�ginal hargg Mense Charge Adjudication Adjudication Adjudication Date Class Charge Class 01 EMPLOYEE 04/28/2025 SCHEDULED GUILTY- EMPLOYEE SCHEDULED PROVIDING VIOLATION NEGOTIATEDNOLUN PROVIDING VIOLATION TOBACCONAPOR PLEA TOBACCONAPOR. PRODUCT TO PRODUCT TO PERSON UNDER 21- PERSON UNDER 21- 1 1-I ST OFF I ST OFF CN=John Q Public,O=JUDICIAL Logon Register For exclusive use by the Iowa Courts (D State of Iowa, All Rights Reserved hftps://www.iowacaurts.state.ia.uslESAWebApplT[ndexFrm 111 Page 34 of 339 6127125,9:45 AM Trial Court Search Iowa Courts Online Electronic Docket Search Results -------- - Help Record Search Back �mPrintAlE Pages Home New Search Trial Court Case Details [Summary_ Parties [Lang Title [Filings] Property/Lis Pendens [Criminal Charges/Disposition] Sud; Exhibits [Financial [Bonds] Service Returns Traffic Details „. RtTr�r h L:. Financials Title: STATE OF IOWA VS ASGHAR,MUHAMMAD Case: 01071 STA0258338 (BLACK HAWK) Citation Number. W2503513 umma _ ri . Paid Due COSTS 55.00 55.00 0.00 FINE 135.00 135.00 0.00 SURCHARGE 20.25 20.25 0.00 RESTITUTION 0.00 0.00 0.00 OTHER 0.00 0.00 0.00 $210.25 $210.25 $0.00 SUPPORT/ALIMONY NIA 0.00 NIA _ CAI=John Q Public,O=JUDICIAL Logon I Register For exclusive use by the Iowa Courts 0 State of Iowa, All Rights Reserved https:llwww.lowacourts.state.ia.uslESAWebApp/T'Ind exFrm 1/1 Page 35 of 339 se Number:STA0258338 ;Case Titte:STATE OF IOWA VS ASGHAR,MUHAMMAD ipened: 04-29-2025 :ounty: Black Hawk :ase Type:Scheduled Traffic-State Judge: rayerAmount:$.00 Show/Hide P ijcj.paruts LSjlQW-LHAe C h a rges 3 1 IOLATIONS HANDLED BY CLA=RK fled by:Court N"22 I.2G aj�a }zvYti� ."�r*`�v.y 32'e�l5\ea'v 4r Z�;.,"t`'`a �, .� 2:;e... a.s�.:r 3aR wu;Sn.;�`m: :` ,,,`;:�,.vsu.,ne..,n. ,,.. l�V`1'\Wet i � ":`�a "'Z'�a *R'y-,�m''*`iL *.tl ��•� g' a V25-35136 filed by: Court tzz � w 4 , 111,1,��"q��' No Court Order filed. However, see attached financial showing he was fined $135.00, plus$55.00 costs and$20.25 surcharge for totat of$210.25. Said sum was paid by Defendant. Page 36 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer August 18, 2025 Engineering Department AGENDA ITEM TITLE Resolution approving request of Maywood Real Estate, LLC, for a waiver for a concrete driveway, located at 108 Ogden Avenue, and authorizing the construction of an asphalt driveway and placing a driveway or sidewalk on City-owned 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.All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $12.00 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 Page 37 of 339 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION AUDITOR RAINBOWS PLAT MAYWOOD SECOND FILING WLOO LOT 23 LOT 24 BLK 3 ATTACHMENTS None Page 38 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer August 18, 2025 Engineering Department AGENDA ITEM TITLE Resolution approving the request of Rex Reed for a waiver for a concrete driveway, located at 389 Derbyshire 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 389 Derbyshire 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. $12.00 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 39 of 339 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 40 of 339 CITY 4F ERLOO ..go _T__ IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director August 18, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution of support for an application by 1515 Sycamore, LLC, for the Iowa Historic Tax Credit Program to the Iowa Economic Development Authority, to construct 87 dwelling units in conjunction with the rehabilitation of the Rath Administration Building, located at 1515 Sycamore Street, as approved by development agreement approved by the City Council by Resolution No. 2024-220, on April 15, 2024. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a resolution of support for an application by 1515 Sycamore, LLC, for the Iowa Historic Tax Credit Program to the Iowa Economic Development Authority, to construct 87 dwellings in conjunction with the rehabilitation of the Rath Administration Building, located at 1515 Sycamore Street, as approved by the City Council by Resolution No. 2024-220, on April 15, 2024. The agreement included including of the property for $1.00, $435,000.00 of infill housing incentives, and property tax incentives. Resolutions of support from the governing municipality are now a requirement of the state when applying for tax incentive programs. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 41 of 339 LEGAL DESCRIPTION ATTACHMENTS None Page 42 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department August 18, 2025 AGENDA ITEM TITLE Resolution approving cancellation of a sidewalk assessment for property located at 1121 W. 8th Street, in the amount of$279.47, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION This property was assessed in error. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 43 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer August 18, 2025 Engineering Department AGENDA ITEM TITLE Resolution approving an Award Agreement with the Iowa Levee Improvement Fund, for a grant in the amount of $280,000.00, in conjunction with the FY 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well, Contract No. 1066, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Council has approved the contract for construction and this grant will help offset the cost of construction. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 44 of 339 1. Partially Signed Internal Authorized Representative Form 2025.03 (Project S17) 2. Partially Signed Copy of Minority Impact Statement 3. Partially Signed Award Agreement City of Waterloo S17 4. blank w9 (1) Page 45 of 339 STATE OF IOWA DESIGNATION OF APPLICANT'S INTERNAL AUTHORIZED REPRESENTATIVE For the purpose of obtaining, complying with requirements of, and/or managing financial assistance under IOWA CODE 29C, 29D, 418 and 418A as well as the Robert T. Stafford Disaster Relief and Emergency Assistance Act (PL 100-707, as amended), the National Flood Insurance Reform Act of 1994 (PL 103-325, as amended), or the High Hazard Potential Dam Program, 33 U.S.C. § 467f-2. 8/5/2025 (Print Name of Authorized Representative) V (Signature and Date) is hereby authorized to execute the functions initialed below on behalf of City of Waterloo (Applicant Entity) Project City of Waterloo Hawthorne Relief Wells Project S17 Title Hawthorne Avenue Lift Station Releif Well Replacement and Associated Work (Describe the project for which these activities are authorized) Initial Authorized Activities (Only initial next to the activities being assigned) Sign application forms (SF-424, SF-424[A-D], GG &/or FF-104 [lobbying etc.], W9, SF-LLL, & Minority Impact Statement) (does not include local match resolution) Submit applications in online portals (e.g., EMGrants, FEMA GO, eGrants) Submit Quarterly Reports to Iowa HSEM and/or FEMA Submit Requests for Reimbursement or Advance Payment for subgrantee Request Grant Closeout and confirm compliance with grant requirements Request Grant Time Extensions Request Grant Scope/Budget Adjustments Chief Executive Officer (Print Name and Title) Attested (Print Name and Title) Signature and Date Signature and Date HSEM Form updated February 26, 2025 Page 46 of 339 Minority Impact Statement Pursuant to 2008 Iowa Acts, HF 2393, Iowa Code Section 8.11, all grant applications submitted to the State of Iowa shall include a Minority Impact Statement. This is the state's mechanism to require grant applicants to consider the potential impact of the grant project's proposed programs or policies on minority groups. Please choose the statement(s) that pertains to this grant application. Complete all the information requested for the chosen statement(s). =The proposed grant project programs or policies could have a disproportionate or unique positive impact on minority persons. Describe the positive impact expected from this project Indicate which group is impacted: Women Persons with a Disability nBlacks MLatinos Asians Pacific Islanders American Indians Alaskan Native Americans Other =The proposed grant project programs or policies could have a disproportionate or unique negative impact on minority persons. Describe the negative impact expected from this project Present the rationale for the existence of the proposed program or policy. Provide evidence of consultation of representatives of the minority groups impacted. Indicate which group is impacted: MWomen Persons with a Disability General Project Application Minority Impact Statement (5/20/09) Tab J, Page 1 Page 47 of 339 0 Blacks MLatinos Asians Pacific Islanders American Indians Alaskan Native Americans Other —lThe proposed grant project programs or policies are not expected to have a disproportionate or unique impact on minority persons. Present the rationale for determining no impact. The flood control system was designed and constructed by the Corps of Engineers and is operated by the City I hereby certify that the information on this form is complete and accurate, to the best of my knowledge: Quentin Hart Printed Name Mayor Title Signature Date Definitions "Minority Persons",as defined in Iowa Code Section 8.11,mean individuals who are women,persons with a disability, Blacks, Latinos, Asians or Pacific Islanders,American Indians,and Alaskan Native Americans. "Disability",as defined in Iowa Code Section 15.102,subsection 5, paragraph"b",subparagraph(1): b.As used in this subsection: (1) "Disability'means,with respect to an individual,a physical or mental impairment that substantially limits one or more of the major life activities of the individual,a record of physical or mental impairment that substantially limits one or more of the major life activities of the individual,or being regarded as an individual with a physical or mental impairment that substantially limits one or more of the major life activities of the individual. "Disability'does not include any of the following: (a) Homosexual or bisexuality. (b) Transvestism,transsexualism, pedophilia,exhibitionism,voyeurism,gender identity disorders not resulting from physical impairments or other sexual behavior disorders. (c) Compulsive gambling, kleptomania,or pyromania (d) Psychoactive substance abuse disorders resulting from current illegal use of drugs. "State Agency",as defined in Iowa Code Section 8.11,means a department,board,bureau,commission,or other agency or authority of the State of Iowa. General Project Application Minority Impact Statement (5/20/09) Tab J, Page 2 Page 48 of 339 IOWA LEVEE IMPROVEMENT FUND AWARD AGREEMENT Between Iowa Flood Mitigation Board And City of Waterloo PROJECT TITLE: City of Waterloo Hawthorne Relief Wells AGREEMENT NO: S17 FIPS NUMBER: 013-82425-00 AWARD DATE: 06/25/2025 DATE OF FUNDING AGREEMENT: 7/29/2025 PERFORMANCE PERIOD END DATE: 7/29/2027 STATE FUNDS OBLIGATED AMOUNT: $280,000.00 I. SCOPE OF WORK: This Award Agreement (AGREEMENT) is to provide the City of Waterloo (SUBRECIPIENT) with financial assistance from the Iowa Levee Improvement Fund. Total Project Budget is $560,000.00. The total award is $280,000.00. Project Costs—The state share shall not exceed$280,000.00 or(50%) of actual allowable award costs, whichever is less. These funds are to assist the SUBRECIPIENT with completing the approved scope of work in accordance with the work schedule, milestones, and budget that were submitted to and approved by Iowa Department of Homeland Security and Emergency Management (HSEM) and the Iowa Flood Mitigation Board(FMB). Any modifications to the approved scope must be submitted and approved by HSEM and changes to budget must be submitted to and approved by the FMB prior to executing the changes. The SUBRECIPIENT is required to obtain all necessary permits before any construction begins. EHP Standard Conditions: Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. Page 1 of 11 Page 49 of 339 Acceptance of funding obligates the subrecipient to comply with all applicable federal, state, and local requirements. If the subrecipient is subject to regulations from a federal agency or other cognizant agencies, they must ensure compliance accordingly. If not, they are only required to meet state and local requirements. Failure to secure the necessary environmental permits and clearances at any required level may put state funding at risk. II. AGREEMENTS HSEM will provide financial oversight and management in the role of recipient/pass-through entity based on the grant guidance in 2 CFR, Part 200, the grant financial guide and other state and federal guidelines. HSEM will provide technical assistance and direction to the SUBRECIPIENT on programmatic and financial requirements. HSEM will provide agreement documents and quarterly reporting documents. all appropriate documents and forms and make payments to the SUBRECIPIENT to complete the approved scope of work. HSEM is responsible for monitoring the SUBRECIPIENT's activities to provide reasonable assurance that the SUBRECIPIENT administers this award in compliance with HSEM requirements. Responsibilities include reviewing the SUBRECIPIENT's records that support receipts and expenditures, financial records are maintained and adequate for audit,proper cash management, and expenditures are eligible and allowable. A pre-award risk assessment is completed for each subrecipient to assist HSEM in determining the minimum level of monitoring that will be needed throughout the life of this award. Additionally,the SUBRECIPIENT will be monitored periodically by HSEM to ensure that the program goals, objectives,timelines,budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office-based and on-site monitoring visits. Monitoring will involve the review and analysis of the financial, programmatic, and administrative records relative to each program, and will identify areas where technical assistance and other support may be needed. The SUBRECIPIENT will allow HSEM and auditors to access any necessary records and financial information. The SUBRECIPIENT must disclose in writing any potential conflicts of interest to HSEM. The SUBRECIPIENT must disclose in writing to HSEM all violations of Federal and State criminal law involving fraud, bribery, or gratuity violations potentially affecting the state award. Failure to make required disclosures can result in any of the remedies described in 2 CFR, Part 200, Subpart D, Section 200.339, Remedies for noncompliance, including suspension or debarment. (See also 2 CFR, Part 180 and 31 U.S.C. 3321.) The SUBRECIPIENT and the SUBRECIPIENT's authorized representative agree to provide all supervision, inspection, accounting, and other services necessary to complete the scope of work from inception to closeout with the requirements set forth below. Page 2 of 11 Page 50 of 339 III. PERIOD OF PERFORMANCE The approved Period of Performance for this award is from July 2025 through July 2027. All work must be completed prior to the end of the Period of Performance. HSEM will not reimburse the SUBRECIPIENT for costs that are encumbered before the award agreement date or after the project close date. If a time extension is needed, one must be requested at least 90 days prior to the end of the Period of Performance. All requests must be supported by adequate justification submitted to HSEM in order to be processed. This justification is a written explanation of the reason or reasons for the delay; an outline of remaining funds available to support the extended performance period; milestones that are unmet; and a description of performance measures necessary to complete the award. Without the justification, time extension requests will not be processed. IV. AUTHORITIES AND REFERENCES The SUBRECIPIENT shall comply with all applicable laws and regulations. A non-exclusive list of laws and regulations commonly applicable to state grants follows hereto for reference only. • 2 CFR, Part 200 - https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part- 200?toc=1 • Iowa Code CH 418A- Iowa Levee Improvement Program • SUBRECIPIENT's application that was received and approved by HSEM V. GRANT MANAGEMENT SYSTEM To ensure state funds are awarded and expended appropriately, the SUBRECIPIENT will establish and maintain a grant management system as outlined in 2 CFR, Part 200, Subpart D, Section 200.302 and internal controls in section 200.303. The standards for SUBRECIPIENT organizations stem from the Office of Management and Budget's (OMB) uniform administrative requirements and the cost principles in 2 CFR, Part 200, Subpart E. State, local and tribal organizations must follow the uniform administrative requirements standards in 2 CFR Part 200. These standards combined with the audit standards provided within 2 CFR, Part 200, Subpart F plus the requirements of the Generally Accepted Accounting Principles constitute the basis for all policies,processes and procedures set forth in this grant management system for the SUBRECIPIENT. The SUBRECIPIENT's grant management system must include: • internal controls based on the American Institute for Certified Public Accountants (AICPA) definitions and requirements in the government-wide administrative requirements and cost principles • a chart of accounts that includes a separate cost center, fund, or accounting codes for each federal grant, program, or funding source • procedures to minimize cash on hand in compliance with the Cash Management Improvement Act(CMIA) and good business processes Page 3 of 11 Page 51 of 339 • the ability to track expenditures on a cash or accrual basis • the ability to track expenditures in both financial and program budgets • procedures to document all grant-related expenditures, broken down by budget line items • procedures to ensure expenditures are eligible and allowable • the ability to fulfill government-required financial reporting forms VI. PROCUREMENT This AGREEMENT requires that all procurement be executed by the SUBRECIPIENT within the guidelines of 2 CFR, Part 200 Subpart D, Section 200.318 through Section 200.326 including Appendix II which coinsides with Iowa Department of Administrative Services (DAS) guidelines. Procurement standards must be in accordance with the written adopted procedures of the SUBRECIPIENT,provided that the local procurement standards conform to applicable State and Federal law and the standards identified in 2 CFR, Part 200. The SUBRECIPIENT must maintain written standards of conduct covering conflicts of interest as outlined in 2 CFR, Part 200 Subpart D, Section 200.318. The SUBRECIPIENT will ensure that every purchase order or other contract includes clauses required by Federal statutes and executive orders and their implementing regulations. The SUBRECIPIENT must submit copies of its own written procurement guidelines,written conflict of interest guidelines, bid documents and contract documents to HSEM prior to awarding or executing contracts. No contract will be accepted without HSEM's prior review. VII. PAYMENT REQUEST PROCESS The SUBRECIPIENT may submit a payment request up to 30 days prior to an anticipated expenditure or disbursement. The SUBRECIPIENT must be able to account for the receipt, obligation, and expenditure of funds. Payments to subrecipients are based on eligible expenditures that are specifically related to the approved award budget and scope of work. The SUBRECIPIENT has two options available to them when requesting payments from HSEM. Subrecipients can request Reimbursement for allowable expenditures already paid, or request an Advance for expenditures to be paid within 30 days. Payments shall be limited to the documented cash requirements submitted by the SUBRECIPIENT. The SUBRECIPIENT must submit a completed Payment Request Form and provide supporting documentation of eligible award costs to receive payment of funds. • Reimbursement requests must include payment verification(i.e. paid invoices, receipts, payroll records with personnel activity reports, cancelled checks, general ledger print outs, etc.). HSEM reserves the right to request that the SUBRECIPIENT submit additional expenditure documentation upon request. • Advance payment requests must include the detailed costs the SUBRECIPIENT is obligated to pay (i.e. invoices, accepted quotes, executed contracts, or other documents). Payment verification documents (same documents required for a Reimbursement request) for the advance must be submitted to HSEM within 30 days after the advance, and before Page 4 of 11 Page 52 of 339 future advances are made. If the SUBRECIPIENT is unable to demonstrate; the willingness to maintain written procedures that minimize the time elapsing between the transfer of funds and disbursement by HSEM; a financial management system that meets the standards for fund control and accountability as established in 2 CFR, Part 200; or is considered a High Risk subrecipient; then reimbursement requests will be required. No more than thirty (30) days should elapse between the date of receipt of a warrant and pay out of the funds by the SUBRECIPIENT. All supporting documentation must be submitted to HSEM immediately following the SUBRECIPIENT's pay out of the funds. Required documents prior to payments from HSEM. Payment of funds will not be made to the SUBRECIPIENT until HSEM has on file the following documents: • Award Notification(attached to this AGREEMENT) • Pre-Award Risk Assessment (attached to this AGREEMENT) • Signed Award Agreement • Substitute W9/Vendor Update Form (if not already on file at HSEM) • Chart of Accounts verifying that unique revenue and expenditure accounts, cost centers or account codes have been established within the SUBRECIPIENT's cash management/accounting system for each program included in this AGREEMENT. • Procurement documents: written procurement and conflict of interest documents, method of procurement, bid specifications reviewed by HSEM, copy of approved and executed contracts between the SUBRECIPIENT and contractor. • Signed certification from the SUBRECIPIENT's authorized representative for the payment request as outlined in 2 CFR, Part 200, Subpart D, Section 200.415. VIII. REPORTING REQUIREMENTS Quarterly programmatic and financial reports are required on the progress relative to the approved scope of work as outlined in 2 CFR, Part 200, Subpart D, Section 200.328. Subrecipients are required to complete the quarterly progress report forms that are provided by HSEM and submit them by the due dates stated by HSEM. Due dates are January 15,April 15,July 15, and October 15. The first report is due following the end of the reporting period in which the funding was awarded by FMB. The reporting periods are January-March,April-June,July-September, and October-December. IX. CLOSE OUT The SUBRECIPIENT must prepare and submit by the end of the Period of Performance, and/or within 60 days of the completion of the approved scope of work, whichever comes first, all required financial, performance and other reports as outlined in 2 CFR, Part 200 Subpart D, Section 200.344 and Section 200.345. The SUBRECIPIENT must liquidate all obligations incurred under the award by the end of the Period of Performance. All accounts must be settled, Page 5 of 11 Page 53 of 339 including reimbursements for any remaining allowable costs and refunds to HSEM of any unobligated cash that was advanced. X. RECORD RETENTION The SUBRECIPIENT must retain records pertinent to the state award for three years after the date of the final expenditure report is submitted. XI. WAIVERS No conditions or provisions of this AGREEMENT can be waived unless approved by HSEM and the SUBRECIPIENT, in writing. Unless otherwise stated in writing, HSEM's failure to insist upon strict performance of any provision of this AGREEMENT, or to exercise any right based upon a breach, shall not constitute a waiver of any right or obligation specified under this AGREEMENT. XII. AMENDMENTS AND MODIFICATIONS This AGREEMENT may be amended or modified in reference to the award funds provided, administrative procedures, or any other necessary matter, but not to take effect until approved, in writing, by FMB and the SUBRECIPIENT. XIII. COMPLIANCE, TERMINATION AND OTHER REMEDIES Unless otherwise stated in writing, HSEM requires strict compliance by the SUBRECIPIENT and its authorized representative(s) with the terms of this AGREEMENT, and the requirements of any applicable local, state and federal statute, rules, regulations. FMB may suspend or terminate any obligation to provide funding or demand return of any unused funds, following notice from FMB, if the SUBRECIPIENT fails to meet any obligations under this AGREEMENT or fails to make satisfactory progress toward administration or completion of said subaward. The SUBRECIPIENT is responsible for repayment of funds as a result of subsequent refunds, corrections, overpayments, or disallowed costs for ineligible expenditures. The SUBRECIPIENT understands and agrees that FMB may enforce the terms of this AGREEMENT by any combination or all remedies available to FMB under this AGREEMENT, or under any other provision of law, common law, or equity. XIV. INDEMNIFICATION It is understood and agreed by FMB, HSEM, and the SUBRECIPIENT and its agents that this AGREEMENT is solely for the benefit of the parties to this award and gives no right to any other party. No joint venture or partnership is formed as a result of this AGREEMENT. Page 6 of 11 Page 54 of 339 The SUBRECIPIENT, on behalf of itself and its successors and assigns, agrees to protect, save, and hold harmless FMB, HSEM, and the State of Iowa, and their authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the negligent acts, errors, or omissions of the SUBRECIPIENT or its authorized representative, its contractors, subcontractors, assigns, agents, licensees, arising out of or in connection with any acts or activities authorized by this AGREEMENT. The SUBRECIPIENT's obligation to protect, save, and hold harmless as herein provided shall not extend to claims or causes of action for costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of FMB, HSEM, the State of Iowa, or any of their authorized agents or employees. The SUBRECIPIENT further agrees to defend FMB, HSEM, the State of Iowa, and their authorized agents and employees against any claim or cause of action, or to pay reasonable attorney's fees incurred in the defense of any such claim or cause of action, as to which the SUBRECIPIENT is required to protect, save, or hold harmless said parties pursuant to paragraph 2 of this part. The SUBRECIPIENT's obligation to defend, or to pay attorney's fees for the defense of such claims or causes of action as herein provided, shall not extend to claims or causes of action for costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of FMB, HSEM, the State of Iowa, or any of their authorized agents or employees. XV. ACKNOWLEDGMENTS The SUBRECIPIENT shall include, in any public or private release of information regarding the activities supported by this award, language that acknowledges the funding contribution by HSEM and the Flood Mitigation Board. XVI. INDEPENDENT CONTRACTOR STATUS OF APPLICANT The SUBRECIPIENT, its officers, employees, agents and council members shall all perform their obligations under this AGREEMENT as an independent contractor and not in any manner as officers, employees or agents of FMB, HSEM or the State of Iowa. All references herein to the SUBRECIPIENT shall include its officers, employees, city counciliboard members, and agents. FMB shall not withhold on behalf of any such officer, employee, city council/board member, or agent, or pay on behalf of any such person, any payroll taxes, insurance, or deductions of any kind from the funds paid to the SUBRECIPIENT for administrative purposes. XVII. GOVERNING LAW,VENUE AND SEVERABILITY The laws of Iowa shall govern this AGREEMENT and venue for any legal action hereunder shall be in the Polk County District Court of Iowa. If any provision under this AGREEMENT or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, said invalidity does not affect other provisions of this AGREEMENT which can be given effect without the invalid provision. Page 7 of 11 Page 55 of 339 XVIII. NOTICES The SUBRECIPIENT shall comply with all public notices or notices to individuals as required by applicable state and federal laws, rules, and regulations and shall maintain a record of such compliance. XIX. RESPONSIBILITY FOR SUBAWARD While HSEM undertakes to provide technical assistance to the SUBRECIPIENT and its authorized representative in the administration of the award, said award remains the sole responsibility of the SUBRECIPIENT in accomplishing award objectives and goals. HSEM undertakes no responsibility to the SUBRECIPIENT, or any third party, other than what is expressly set out in this AGREEMENT. XX. NOTICES AND COMMUNICATIONS BETWEEN HSEM AND SUBRECIPIENT All written notices and communications to the SUBRECIPIENT by HSEM shall be to: Jamie Knutson, City Engineer City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Or the Alternate Point of Contact, Wayne Castle, Assistant City Engineer City of Waterloo 715 Mulberry Street Waterloo, IA 50703 All written communications to HSEM by the SUBRECIPIENT and its authorized representative shall be to: Jeff Jackson Office of Levee Safety Iowa Department of Homeland Security and Emergency Management 7900 Hickman Road, Suite 500 Windsor Heights,IA 50324 Page 8 of 11 Page 56 of 339 ENTIRE SUBAWARD AGREEMENT This AGREEMENT sets forth the entire AGREEMENT between FMB and the SUBRECIPIENT with respect to subject matter hereof. Commitments, warranties, representations and understandings or agreements not contained, or referred to, herein or amended thereto shall not be binding on either FMB or the SUBRECIPIENT. Except as may be expressly provided herein, no alteration of any of the terms or conditions of this AGREEMENT will be effective without written consent of both parties. IN WITNESS WHEREOF, FMB and the SUBRECIPIENT have executed this AGREEMENT by the signatures of authorized persons of both entities and on the dates indicated below: Iowa Flood Mitigation Board: SPONSOR: John Benson, Chair City E&dlneer 8/5/2025 Date Date Signature of Authorized Representative (optional) Date Attachments: Exhibit A: Award Notification Exhibit B: Scope of Work Page 9 of 11 Page 57 of 339 Exhibit A: Award Notification Award Letter Page 58 of 339 Homeland Security and T� Emergency Management KIM REYNOLDS JOHN R.BENSON,HOMELAND SECURITY ADVISOR GOVERNOR AND EMERGENCY MANAGEMENT DIRECTOR July 1, 2025 Jamie Knutson City Engineer City of Waterloo 715 Mulberry Street Waterloo, IA 50703 SUBJECT: Iowa Levee Improvement Fund Dear Mr. Knutson: The Iowa Flood Mitigation Board, on June 25, 2025, approved the Levee Improvement Fund project application submitted by the City of Waterloo awarding the district $280,000 in matching funds for the approved project. Per the application you have requested: • $280,000 from the Levee Improvement Fund($560,000 total project cost) to complete testing of the Hawthorne Avenue storm water lift station relief wells and replacement. We will be reaching out in the near future with a Funding Agreement and other required documents that must be signed prior to the issuance of funds. Funds will be disbursed as reimbursement for project costs incurred. Any modifications to the scope of work or budget must have prior approval of the Flood Mitigation Board. Please notify us if there are any anticipated changes. If you have any questions or need assistance,please do not hesitate to call us at 515-725-3231, or e-mail us at officeofleveesafety�ic,iowa.gov. Sincerely, John R. Benson Flood Mitigation Board Chair 7900 HICKMAN ROAD I SUITE 500 1 WINDSOR HEIGHTS, IOWA 50324 1 515-725-3231 homelandsecurity.Iowa.gov Page 59 of 339 Exhibit B: Scope of Work Scope of Work from Application Scope of Work: Description of the Solution &Mitigation Proposed: This project will replace the existing north relief well and complete required flow testing of the south relief well at the Hawthorne Avenue storm water lift station. Rehabilitation efforts to the north well proved ineffective and the Army Corps of Engineers is requiring the well to be replaced. Concurrent flow testing of the south well would allow both wells to be on the same required 5-year testing cycle. Description of the Proposed Project: The City is seeking financial assistance in the amount of$280,000.00 to ensure the testing, abandonment, and construction of new relief wells can be completed. The relief wells are located adjacent to the Hawthorne Avenue storm water lift station, approximately 1,500 feet east of the La Porte Road& Hawthorne Avenue intersection. They are located on the west toe of the levee prism. Approved Budget Cost Type Description Amount Geotechnical Services Testing, Cleaning, Geotechnical $115,000.00 Engineering CE Engineering Design, Project Management, Environmental Permitting, Construction $45,000.00 m Administration& Inspection Construction Project Construction $400,000.00 Total Project Cost: $560,000.00 Total Award State Cost Share/Funding Request $280,000.00 Page 60 of 339 Form Request for Taxpayer Give form to the (Rev.March 2024) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information. Before you begin.For guidance related to the purpose of Form W-9,see Purpose of Form,below. 1 Name of entity/individual.An entry is required.(For a sole proprietor or disregarded entity,enter the owner's name on line 1,and enter the business/disregarded entity's name on line 2.) 2 Business name/disregarded entity name,if different from above. cli 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1.Check 4 Exemptions(codes apply only to 0 only one of the following seven boxes. certain entities,not individuals; 0. see instructions on page 3): C ❑ Individual/sole proprietor ❑ C corporation ❑ S corporation ❑ Partnership ❑ Trust/estate 0 ai = ❑ LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) Exempt payee code(if any) Q o Note:Check the"LLC"box above and,in the entry space,enter the appropriate code(C,S,or P)for the tax classification of the LLC,unless it is a disregarded entity.A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax o box for the tax classification of its owner. Compliance Act(FATCA)reporting S ❑ Other(see instructions) code(if any) ao 3b If on line 3a you checked"Partnership"or"Trust/estate,"or checked"LLC"and entered"P"as its tax classification, (Applies to accounts maintained y and you are providing this form to a partnership,trust,or estate in which you have an ownership interest,check outside the United States.) this box if you have any foreign partners,owners,or beneficiaries.See instructions . . . . . . . . . ❑ cn 5 Address(number,street,and apt.or suite no.).See instructions. Requester's name and address(optional) 6 City,state,and ZIP code 7 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SHowever,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a or TIN,later. Employer identification number Note:If the account is in more than one name,see the instructions for line 1.See also What Name and Number To Give the Requester for guidelines on whose number to enter. — Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and,generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. Sign Signature of Here U.S.person Date General Instructions New line 3b has been added to this form.A flow-through entity is required to complete this line to indicate that it has direct or indirect Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9 noted. to another flow-through entity in which it has an ownership interest.This Future developments.For the latest information about developments change is intended to provide a flow-through entity with information related to Form W-9 and its instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or after they were published,go to www.irs.gov/FormW9. beneficiaries,so that it can satisfy any applicable reporting requirements.For example,a partnership that has any indirect foreign What's New partners may be required to complete Schedules K-2 and K-3.See the Line 3a has been modified to clarify how a disregarded entity completes Partnership Instructions for Schedules K-2 and K-3(Form 1065). this line.An LLC that is a disregarded entity should check the Purpose of Form appropriate box for the tax classification of its owner.Otherwise,it should check the"LLC"box and enter its appropriate tax classification. An individual or entity(Form W-9 requester)who is required to file an information return with the IRS is giving you this form because they Cat.No.10231X Form W-9(Rev.3-2024) Page 61 of 339 Form W-9(Rev.3-2024) Page 2 must obtain your correct taxpayer identification number(TIN),which Foreign person.If you are a foreign person or the U.S.branch of a may be your social security number(SSN),individual taxpayer foreign bank that has elected to be treated as a U.S.person(under identification number(ITIN),adoption taxpayer identification number Regulations section 1.1441-1(b)(2)(iv)or other applicable section for (ATIN),or employer identification number(EIN),to report on an chapter 3 or 4 purposes),do not use Form W-9. Instead,use the information return the amount paid to you,or other amount reportable appropriate Form W-8 or Form 8233(see Pub.515).If you are a on an information return.Examples of information returns include,but qualified foreign pension fund under Regulations section 1.897(1)-1(d),or are not limited to,the following. a partnership that is wholly owned by qualified foreign pension funds, •Form 1099-INT(interest earned or paid). that is treated as a non-foreign person for purposes of section 1445 withholding,do not use Form W-9.Instead,use Form W-8EXP(or other •Form 1099-DIV(dividends,including those from stocks or mutual certification of non-foreign status). funds). Nonresident alien who becomes a resident alien.Generally,only a •Form 1099-MISC(various types of income,prizes,awards,or gross nonresident alien individual may use the terms of a tax treaty to reduce proceeds). or eliminate U.S.tax on certain types of income.However,most tax •Form 1099-NEC(nonemployee compensation). treaties contain a provision known as a saving clause.Exceptions •Form 1099-B(stock or mutual fund sales and certain other specified in the saving clause may permit an exemption from tax to transactions by brokers). continue for certain types of income even after the payee has otherwise •Form 1099-S(proceeds from real estate transactions). become a U.S.resident alien for tax purposes. If you are a U.S.resident alien who is relying on an exception •Form 1099-K(merchant card and third-party network transactions). contained in the saving clause of a tax treaty to claim an exemption •Form 1098(home mortgage interest), 1098-E(student loan interest), from U.S.tax on certain types of income,you must attach a statement and 1098-T(tuition). to Form W-9 that specifies the following five items. •Form 1099-C(canceled debt). 1.The treaty country.Generally,this must be the same treaty under •Form 1099-A(acquisition or abandonment of secured property). which you claimed exemption from tax as a nonresident alien. Use Form W-9 only if you are a U.S.person(including a resident 2.The treaty article addressing the income. alien),to provide your correct TIN. 3.The article number(or location)in the tax treaty that contains the Caution:If you don't return Form W-9 to the requester with a TIN,you saving clause and its exceptions. might be subject to backup withholding.See What is backup 4.The type and amount of income that qualifies for the exemption withholding,later. from tax. By signing the filled-out form,you: 5.Sufficient facts to justify the exemption from tax under the terms of 1.Certify that the TIN you are giving is correct(or you are waiting for a the treaty article. number to be issued); Example.Article 20 of the U.S.-China income tax treaty allows an 2.Certify that you are not subject to backup withholding;or exemption from tax for scholarship income received by a Chinese student temporarily present in the United States.Under U.S.law,this 3.Claim exemption from backup withholding if you are a U.S.exempt student will become a resident alien for tax purposes if their stay in the payee;and United States exceeds 5 calendar years.However,paragraph 2 of the 4.Certify to your non-foreign status for purposes of withholding under first Protocol to the U.S.-China treaty(dated April 30, 1984)allows the chapter 3 or 4 of the Code(if applicable);and provisions of Article 20 to continue to apply even after the Chinese 5.Certify that FATCA code(s)entered on this form(if any)indicating student becomes a resident alien of the United States.A Chinese that you are exempt from the FATCA reporting is correct.See What Is student who qualifies for this exception(under paragraph 2 of the first FATCA Reporting,later,for further information. Protocol)and is relying on this exception to claim an exemption from tax on their scholarship or fellowship income would attach to Form W-9 a Note:If you are a U.S.person and a requester gives you a form other statement that includes the information described above to support that than Form W-9 to request your TIN,you must use the requester's form if exemption. it is substantially similar to this Form W-9. If you are a nonresident alien or a foreign entity,give the requester the Definition of a U.S.person.For federal tax purposes,you are appropriate completed Form W-8 or Form 8233. considered a U.S.person if you are: •An individual who is a U.S.citizen or U.S.resident alien; Backup Withholding •A partnership,corporation,company,or association created or What is backup withholding?Persons making certain payments to you organized in the United States or under the laws of the United States; must under certain conditions withhold and pay to the IRS 24%of such •An estate(other than a foreign estate);or payments.This is called"backup withholding."Payments that may be •A domestic trust(as defined in Regulations section 301.7701-7). subject to backup withholding include,but are not limited to,interest, tax-exempt interest,dividends,broker and barter exchange Establishing U.S.status for purposes of chapter 3 and chapter 4 transactions,rents,royalties,nonemployee pay,payments made in withholding.Payments made to foreign persons,including certain settlement of payment card and third-party network transactions,and distributions,allocations of income,or transfers of sales proceeds,may certain payments from fishing boat operators.Real estate transactions be subject to withholding under chapter 3 or chapter 4 of the Code are not subject to backup withholding. (sections 1441-1474).Under those rules,if a Form W-9 or other You will not be subject to backup withholding on payments you receive certification of non-foreign status has not been received,a withholding if you give the requester your correct TIN,make the proper certifications, agent,transferee,or partnership(payor)generally applies presumption and report all your taxable interest and dividends on your tax return. rules that may require the payor to withhold applicable tax from the recipient,owner,transferor,or partner(payee).See Pub.515, Payments you receive will be subject to backup withholding if: Withholding of Tax on Nonresident Aliens and Foreign Entities. 1.You do not furnish your TIN to the requester; The following persons must provide Form W-9 to the payor for 2.You do not certify your TIN when required(see the instructions for purposes of establishing its non-foreign status. Part 11 for details); •In the case of a disregarded entity with a U.S.owner,the U.S.owner 3.The IRS tells the requester that you furnished an incorrect TIN; of the disregarded entity and not the disregarded entity. 4.The IRS tells you that you are subject to backup withholding •In the case of a grantor trust with a U.S.grantor or other U.S.owner, because you did not report all your interest and dividends on your tax generally,the U.S.grantor or other U.S.owner of the grantor trust and return(for reportable interest and dividends only);or not the grantor trust. 5.You do not certify to the requester that you are not subject to •In the case of a U.S.trust(other than a grantor trust),the U.S.trust backup withholding,as described in item 4 under"By signing the filled- and not the beneficiaries of the trust. out form"above(for reportable interest and dividend accounts opened See Pub.515 for more information on providing a Form W-9 or a after 1983 only). certification of non-foreign status to avoid withholding. Page 62 of 339 Form W-9(Rev.3-2024) Page 3 Certain payees and payments are exempt from backup withholding. example,if a foreign LLC that is treated as a disregarded entity for U.S. See Exempt payee code,later,and the separate Instructions for the federal tax purposes has a single owner that is a U.S.person,the U.S. Requester of Form W-9 for more information. owner's name is required to be provided on line 1.If the direct owner of See also Establishing U.S.status for purposes of chapter 3 and the entity is also a disregarded entity,enter the first owner that is not chapter 4 withholding,earlier. disregarded for federal tax purposes.Enter the disregarded entity's name on line 2. If the owner of the disregarded entity is a foreign person, What Is FATCA Reporting? the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S.TIN. The Foreign Account Tax Compliance Act(FATCA)requires a participating foreign financial institution to report all U.S.account Line 2 holders that are specified U.S.persons.Certain payees are exempt from If you have a business name,trade name,DBA name,or disregarded FATCA reporting.See Exemption from FATCA reporting code,later,and entity name,enter it on line 2. the Instructions for the Requester of Form W-9 for more information. Line 3a Updating Your Information Check the appropriate box on line 3a for the U.S.federal tax You must provide updated information to any person to whom you classification of the person whose name is entered on line 1.Check only claimed to be an exempt payee if you are no longer an exempt payee one box on line 3a. and anticipate receiving reportable payments in the future from this IF the entity/individual on line 1 THEN check the box for... person.For example,you may need to provide updated information if you are a C corporation that elects to be an S corporation,or if you are is a(n)... no longer tax exempt. In addition,you must furnish a new Form W-9 if • Corporation Corporation. the name or TIN changes for the account,for example,if the grantor of a . Individual or Individual/sole proprietor. grantor trust dies. • Sole proprietorship Penalties • LLC classified as a partnership Limited liability company and Failure to furnish TIN.If you fail to furnish your correct TIN to a for U.S.federal tax purposes or enter the appropriate tax requester,you are subject to a penalty of$50 for each such failure • LLC that has filed Form 8832 or classification: unless your failure is due to reasonable cause and not to willful neglect. 2553 electing to be taxed as a P=Partnership, Civil penalty for false information with respect to withholding.If you corporation C=C corporation,or make a false statement with no reasonable basis that results in no S=S corporation. backup withholding,you are subject to a$500 penalty. • Partnership Partnership. Criminal penalty for falsifying information.Willfully falsifying • Trust/estate Trust/estate. certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Line 3b Misuse of TINs.If the requester discloses or uses TINs in violation of Check this box if you are a partnership(including an LLC classified as a federal law,the requester may be subject to civil and criminal penalties. partnership for U.S.federal tax purposes),trust,or estate that has any foreign partners,owners,or beneficiaries,and you are providing this Specific Instructions form to a partnership,trust,or estate,in which you have an ownership interest.You must check the box on line 3b if you receive a Form W-8 Line 1 (or documentary evidence)from any partner,owner,or beneficiary establishing foreign status or if you receive a Form W-9 from any You must enter one of the following on this line;do not leave this line partner,owner,or beneficiary that has checked the box on line 3b. blank.The name should match the name on your tax return. Note:A partnership that provides a Form W-9 and checks box 3b may If this Form W-9 is for a joint account(other than an account be required to complete Schedules K-2 and K-3(Form 1065).For more maintained by a foreign financial institution(FFI)),list first,and then information,see the Partnership Instructions for Schedules K-2 and K-3 circle,the name of the person or entity whose number you entered in (Form 1065). Part I of Form W-9.If you are providing Form W-9 to an FFI to document a joint account,each holder of the account that is a U.S.person must If you are required to complete line 3b but fail to do so,you may not provide a Form W-9. receive the information necessary to file a correct information return with the IRS or furnish a correct payee statement to your partners or •Individual.Generally,enter the name shown on your tax return.If you beneficiaries.See,for example,sections 6698,6722,and 6724 for have changed your last name without informing the Social Security penalties that may apply. Administration(SSA)of the name change,enter your first name,the last name as shown on your social security card,and your new last name. Line 4 Exemptions Note for ITIN applicant:Enter your individual name as it was entered If you are exempt from backup withholding and/or FATCA reporting, on your Form W-7 application,line 1 a.This should also be the same as enter in the appropriate space on line 4 any code(s)that may apply to the name you entered on the Form 1040 you filed with your application. you. •Sole proprietor.Enter your individual name as shown on your Form Exempt payee code. 1040 on line 1.Enter your business,trade,or"doing business as"(DBA) . Generally,individuals(including sole proprietors)are not exempt from name on line 2. backup withholding. •Partnership,C corporation,S corporation,or LLC,other than a . Except as provided below,corporations are exempt from backup disregarded entity.Enter the entity's name as shown on the entity's tax withholding for certain payments,including interest and dividends. return on line 1 and any business,trade,or DBA name on line 2. •Other entities.Enter your name as shown on required U.S.federal tax • Corporations are not exempt from backup withholding for payments documents on line 1.This name should match the name shown on the made in settlement of payment card or third-party network transactions. charter or other legal document creating the entity.Enter any business, Corporations are not exempt from backup withholding with respect to trade,or DBA name on line 2. attorneys'fees or gross proceeds paid to attorneys,and corporations •Disregarded entity.In general,a business entity that has a single that provide medical or health care services are not exempt with respect owner,including an LLC,and is not a corporation,is disregarded as an to payments reportable on Form 1099-MISC. entity separate from its owner(a disregarded entity).See Regulations The following codes identify payees that are exempt from backup section 301.7701-2(c)(2).A disregarded entity should check the withholding.Enter the appropriate code in the space on line 4. appropriate box for the tax classification of its owner.Enter the owner's 1—An organization exempt from tax under section 501(a),any IRA,or name on line 1.The name of the owner entered on line 1 should never a custodial account under section 403(b)(7)if the account satisfies the be a disregarded entity.The name on line 1 should be the name shown requirements of section 401(f)(2). on the income tax return on which the income should be reported.For Page 63 of 339 Form W-9(Rev.3-2024) Page 4 2—The United States or any of its agencies or instrumentalities. F—A dealer in securities,commodities,or derivative financial 3—A state,the District of Columbia,a U.S.commonwealth or territory, instruments(including notional principal contracts,futures,forwards, or any of their political subdivisions or instrumentalities. and options)that is registered as such under the laws of the United 4—A foreign government or any of its political subdivisions,agencies, States or any state. or instrumentalities. G—A real estate investment trust. 5—A corporation. H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment 6—A dealer in securities or commodities required to register in the Company Act of 1940. United States,the District of Columbia,or a U.S.commonwealth or territory. I—A common trust fund as defined in section 584(a). 7—A futures commission merchant registered with the Commodity J—A bank as defined in section 581. Futures Trading Commission. K—A broker. 8—A real estate investment trust. L—A trust exempt from tax under section 664 or described in section 9—An entity registered at all times during the tax year under the 4947(a)(1). Investment Company Act of 1940. M—A tax-exempt trust under a section 403(b)plan or section 457(g) 10—A common trust fund operated by a bank under section 584(a). plan. 11—A financial institution as defined under section 581. Note:You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee 12—A middleman known in the investment community as a nominee or code should be completed. custodian. 13—A trust exempt from tax under section 664 or described in section Line 5 4947. Enter your address(number,street,and apartment or suite number). The following chart shows types of payments that may be exempt This is where the requester of this Form W-9 will mail your information from backup withholding.The chart applies to the exempt payees listed returns.If this address differs from the one the requester already has on above,1 through 13. file,enter"NEW"at the top.If a new address is provided,there is still a chance the old address will be used until the payor changes your IF the payment is for... THEN the payment is exempt address in their records. for... • Interest and dividend payments All exempt payees except Line 6 for 7. Enter your city,state,and ZIP code. • Broker transactions Exempt payees 1 through 4 and 6 part I. Taxpayer Identification Number (TIN) through 11 and all C corporations. S corporations must not enter an Enter your TIN in the appropriate box.If you are a resident alien and exempt payee code because they you do not have,and are not eligible to get,an SSN,your TIN is your are exempt only for sales of IRS ITIN.Enter it in the entry space for the Social security number. If you noncovered securities acquired do not have an ITIN,see How to get a TIN below. prior to 2012. If you are a sole proprietor and you have an EIN,you may enter either • Barter exchange transactions Exempt payees 1 through 4. your SSN or EIN. and patronage dividends If you are a single-member LLC that is disregarded as an entity • Payments over$600 required to Generally,exempt payees separate from its owner,enter the owner's SSN(or EIN,if the owner has be reported and direct sales over 1 through 5.2 one).If the LLC is classified as a corporation or partnership,enter the $5,000' entity's EIN. • Payments made in settlement of Exempt payees 1 through 4. Note:See What Name and Number To Give the Requester,later,for payment card or third-party further clarification of name and TIN combinations. network transactions How to get a TIN.If you do not have a TIN,apply for one immediately. 1 See Form 1099-MISC,Miscellaneous Information,and its instructions. To apply for an SSN,get Form SS-5,Application for a Social Security Card,from your local SSA office or get this form online at 2 However,the following payments made to a corporation and www.SSA.gov.You may also get this form by calling 800-772-1213.Use reportable on Form 1099-MISC are not exempt from backup Form W-7,Application for IRS Individual Taxpayer Identification withholding:medical and health care payments,attorneys'fees,gross Number,to apply for an ITIN,or Form SS-4,Application for Employer proceeds paid to an attorney reportable under section 6045(f),and Identification Number,to apply for an EIN.You can apply for an EIN payments for services paid by a federal executive agency. online by accessing the IRS website at www.irs.gov/EIN.Go to Exemption from FATCA reporting code.The following codes identify www.irs.gov/Forms to view,download,or print Form W-7 and/or Form payees that are exempt from reporting under FATCA.These codes SS-4.Or,you can go to www.irs.gov/OrderForms to place an order and apply to persons submitting this form for accounts maintained outside have Form W-7 and/or Form SS-4 mailed to you within 15 business of the United States by certain foreign financial institutions.Therefore,if days. you are only submitting this form for an account you hold in the United If you are asked to complete Form W-9 but do not have a TIN,apply States,you may leave this field blank.Consult with the person for a TIN and enter"Applied For"in the space for the TIN,sign and date requesting this form if you are uncertain if the financial institution is the form,and give it to the requester.For interest and dividend subject to these requirements.A requester may indicate that a code is payments,and certain payments made with respect to readily tradable not required by providing you with a Form W-9 with"Not Applicable"(or instruments,you will generally have 60 days to get a TIN and give it to any similar indication)entered on the line for a FATCA exemption code. the requester before you are subject to backup withholding on A—An organization exempt from tax under section 501(a)or any payments.The 60-day rule does not apply to other types of payments. individual retirement plan as defined in section 7701(a)(37). You will be subject to backup withholding on all such payments until B—The United States or any of its agencies or instrumentalities. you provide your TIN to the requester. C—A state,the District of Columbia,a U.S.commonwealth or Note:Entering"Applied For"means that you have already applied for a territory,or any of their political subdivisions or instrumentalities. TIN or that you intend to apply for one soon.See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding,earlier,for D—A corporation the stock of which is regularly traded on one or when you may instead be subject to withholding under chapter 3 or 4 of more established securities markets,as described in Regulations the Code. section 1.1472-1(c)(1)(i). Caution:A disregarded U.S.entity that has a foreign owner must use E—A corporation that is a member of the same expanded affiliated the appropriate Form W-8. group as a corporation described in Regulations section 1.1472-1(c)(1)(i). Page 64 of 339 Form W-9(Rev.3-2024) Page 5 Part II. Certification For this type of account: Give name and EIN of: To establish to the withholding agent that you are a U.S.person,or 8.Disregarded entity not owned by an The owner resident alien,sign Form W-9.You may be requested to sign by the individual withholding agent even if item 1,4,or 5 below indicates otherwise. 9.A valid trust,estate,or pension trust Legal entity4 For a joint account,only the person whose TIN is shown in Part 1 10.Corporation or LLC electing corporate The corporation should sign(when required).In the case of a disregarded entity,the status on Form 8832 or Form 2553 person identified on line 1 must sign.Exempt payees,see Exempt payee 11.Association,club,religious,charitable, The organization code,earlier. educational,or other tax-exempt Signature requirements.Complete the certification as indicated in organization items 1 through 5 below. 12.Partnership or multi-member LLC The partnership 1.Interest,dividend,and barter exchange accounts opened 13.A broker or registered nominee The broker or nominee before 1984 and broker accounts considered active during 1983. 14.Account with the Department of The public entity You must give your correct TIN,but you do not have to sign the Agriculture in the name of a public certification. entity(such as a state or local government,school district,or prison) 2.Interest,dividend,broker,and barter exchange accounts that receives agricultural program opened after 1983 and broker accounts considered inactive during payments 1983.You must sign the certification or backup withholding will apply.If 15.Grantor trust filing Form 1041 or The trust you are subject to backup withholding and you are merely providing under the Optional Filing Method 2, your correct TIN to the requester,you must cross out item 2 in the requiring Form 1099(see Regulations certification before signing the form. section 1.671-4(b)(2)(i)(13))*` 3.Real estate transactions.You must sign the certification.You mayList first and circle the name of the person whose number you furnish. cross out item 2 of the certification. If only one person on a joint account has an SSN,that person's number 4.Other payments.You must give your correct TIN,but you do not must be furnished. have to sign the certification unless you have been notified that you 2 have previously given an incorrect TIN."Other payments"include Circle the minor's name and furnish the minor's SSN. payments made in the course of the requester's trade or business for 3You must show your individual name on line 1,and enter your business rents,royalties,goods(other than bills for merchandise),medical and or DBA name,if any,on line 2.You may use either your SSN or EIN(if health care services(including payments to corporations),payments to you have one),but the IRS encourages you to use your SSN. a nonemployee for services,payments made in settlement of payment 4 List first and circle the name of the trust,estate,or pension trust.(Do card and third-party network transactions,payments to certain fishing not furnish the TIN of the personal representative or trustee unless the boat crew members and fishermen,and gross proceeds paid to legal entity itself is not designated in the account title.) attorneys(including payments to corporations). *Note:The grantor must also provide a Form W-9 to the trustee of the 5.Mortgage interest paid by you,acquisition or abandonment of trust. secured property,cancellation of debt,qualified tuition program payments(under section 529),ABLE accounts(under section 529A), "`For more information on optional filing methods for grantor trusts,see IRA,Coverdell ESA,Archer MSA or HSA contributions or the Instructions for Form 1041. distributions,and pension distributions.You must give your correct Note:If no name is circled when more than one name is listed,the TIN,but you do not have to sign the certification. number will be considered to be that of the first name listed. What Name and Number To Give the Requester Secure Your Tax Records From Identity Theft For this type of account: Give name and SSN of: Identity theft occurs when someone uses your personal information, 1.Individual The individual such as your name,SSN,or other identifying information,without your 2.Two or more individuals(joint account) The actual owner of the account or, permission to commit fraud or other crimes.An identity thief may use other than an account maintained by if combined funds,the first individual your SSN to get a job or may file a tax return using your SSN to receive an FFI on the account' a refund. 3.Two or more U.S.persons Each holder of the account To reduce your risk: (joint account maintained by an FFI) •Protect your SSN, 4.Custodial account of a minor The minor2 •Ensure your employer is protecting your SSN,and (Uniform Gift to Minors Act) •Be careful when choosing a tax return preparer. 5.a.The usual revocable savings trust The grantor-trustee' (grantor is also trustee) If your tax records are affected by identity theft and you receive a b.So-called trust account that is not The actual owner' notice from the IRS,respond right away to the name and phone number a legal or valid trust under state law printed on the IRS notice or letter. 6.Sole proprietorship or disregarded The owner3 If your tax records are not currently affected by identity theft but you entity owned by an individual think you are at risk due to a lost or stolen purse or wallet,questionable credit card activity,or a questionable credit report,contact the IRS 7.Grantor trust filing under Optional The grantor` Identity Theft Hotline at 800-908-4490 or submit Form 14039. Filing Method 1 (see Regulations section 1.671-4(b)(2)(i)(A))'* For more information,see Pub.5027,Identity Theft Information for Taxpayers. Page 65 of 339 Form W-9(Rev.3-2024) Page 6 Victims of identity theft who are experiencing economic harm or a Privacy Act Notice systemic problem,or are seeking help in resolving tax problems that have not been resolved through normal channels,may be eligible for Section 6109 of the Internal Revenue Code requires you to provide your Taxpayer Advocate Service(TAS)assistance.You can reach TAS by correct TIN to persons(including federal agencies)who are required to calling the TAS toll-free case intake line at 877-777-4778 or TTY/TDD file information returns with the IRS to report interest,dividends,or 800-829-4059. certain other income paid to you;mortgage interest you paid;the Protect yourself from suspicious emails or phishing schemes. acquisition or abandonment of secured property;the cancellation of Phishing is the creation and use of email and websites designed to debt;or contributions you made to an IRA,Archer MSA,or HSA.The mimic legitimate business emails and websites.The most common act person collecting this form uses the information on the form to file is sending an email to a user falsely claiming to be an established information returns with the IRS,reporting the above information. legitimate enterprise in an attempt to scam the user into surrendering Routine uses of this information include giving it to the Department of private information that will be used for identity theft. Justice for civil and criminal litigation and to cities,states,the District of Columbia,and U.S.commonwealths and territories for use in The IRS does not initiate contacts with taxpayers via emails.Also,the administering their laws.The information may also be disclosed to other IRS does not request personal detailed information through email or ask countries under a treaty,to federal and state agencies to enforce civil taxpayers for the PIN numbers,passwords,or similar secret access and criminal laws,or to federal law enforcement and intelligence information for their credit card,bank,or other financial accounts. agencies to combat terrorism.You must provide your TIN whether or not If you receive an unsolicited email claiming to be from the IRS, you are required to file a tax return.Under section 3406,payors must forward this message to phishing@irs.gov.You may also report misuse generally withhold a percentage of taxable interest,dividends,and of the IRS name,logo,or other IRS property to the Treasury Inspector certain other payments to a payee who does not give a TIN to the payor. General for Tax Administration(fIGTA)at 800-366-4484.You can Certain penalties may also apply for providing false or fraudulent forward suspicious emails to the Federal Trade Commission at information. spam@uce.gov or report them at www.ftc.gov/complaint.You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT(877-438-4338). If you have been the victim of identity theft,see www.identityTheft.gov and Pub.5027. Go to www.irs.govIldentityTheft to learn more about identity theft and how to reduce your risk. Page 66 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director August 18, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as August 28, 2025, and date of public hearing as September 2, 2025, in conjunction with Asbestos Abatement Services, Contract AB-2025-08-01 P, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The property in question, 310 Upland Drive, was acquired by the City, and is being abated of asbestos in preparation of demolition. NEIGHBORHOOD IMPACT The action is in preparation for demolition, which will remove ablighted building. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Estimate: $170,000. To be paid from Nuisance Abatement bonds and/or TIF funds. ALTERNATIVE ACTION LEGAL DESCRIPTION Page 67 of 339 ATTACHMENTS 1. RFB Asbestos Abatement Services Contract AB-2025-08-01 P 2. Exhibit C Asbestos Abatement Services Contract AB-2025-08-01 P 3. Exhibit B 310 Upland Dr Report Page 68 of 339 CITY OF WATERLOO , IOWA O F WA rF O p �6 0 �S 7b17�� Request for Bid ASBESTOS ABATEMENT SERVICES August 2025 Asbestos Abatement Services Contract AB-2025-08-01 P 310 Upland Drive City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder-Project Manager Page 69 of 339 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for asbestos abatement services Contract AB- 2025-08-01 P —310 Upland Drive. All bids must be received in a sealed envelope in the City Clerk's Office, Waterloo City Hall, 715 Mulberry Street, Waterloo, IA 50703 (date and time stamped) by Thursday August 28, 2025 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry Street, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container should be marked as noted below, and include the name of the company submitting the bid. 1.1 RFB Timeline Name of the Bid: Asbestos Abatement Services Contract AB-2025-08-01 P Notice of RFB Date: August 8, 2025 Mandatory Walk Thru: There will be a mandatory walk thru for 310 Upland Drive on Thursday, August 21, 2025 at 1:00 p.m. Bidders that do not have a representative in attendance at the walk thru are NOT eligible to bid on this contract. See Section 4.5 for additional details. Deadline for Bid Submittal: Thursday, August 28, 2025 at 1:00 p.m., Central Time Submit Sealed Bid to: Address exactly as stated: SEALED RFB FOR ASBESTOS ABATEMENT SERVICES CONTRACT AB-2025-08-01 P City of Waterloo City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Aric Schroeder, City Planner/Project Manager (City's Representative) E-mail Address: aric.schroeder(a)waterloo-ia.org Phone: Phone: 319-291-4366 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-08-01P:310 Upland Drive Page 2 of 10 Page 70 of 339 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. 1.4 Bids will be opened on Thursday, August 28, 2025, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's YouTube Channel. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the award. The awarding of the contract could be as early as the City Council meeting on Tuesday, September 2, 2025 at 5:30 p.m. Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the proposal evaluators, is the most responsive and responsible bid, that offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City will select a Bidder based on knowledge of experience and qualifications, and past experience with Bidder, cost will not be the sole determining factor. A Bidder's submittal of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used in the evaluation. Evaluation criteria may include, but are not limited to: i. Satisfactory experience in the timely completion of work; ii. Bidder's reputation and financial status; iii. Past experience and service provided by the Bidder; iv. Bidder's ability to meet the insurance and bonding requirements; and V. Bidders ability to immediately fully staff the project with certified, licensed staff. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence and $2,000,000 general aggregate combined single limit, for Personal Injury, Bodily Injury and Property Damage is required. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The Contractor shall provide certificate of insurance having the City of Waterloo as additional insured. Also required is Pollution Liability Insurance, which shall be True Occurrence, not Claims Made. The Contractor shall obtain and maintain coverage for claims arising from bodily injury, property damage, and the use of owned, hired, or leased autos. The insurance shall cover all asbestos and hazardous materials liability aspects of the project, including the project site, during transportation from the project site to the disposal site, and during unloading operations at the disposal site. Additionally, coverage shall include all costs of the cleanup of any releases to the environment of any asbestos-containing materials or hazardous materials during project abatement, and transportation for disposal. Such coverage shall have limits of no less than $1,000,000 per occurrence and $2,000,000 per project aggregate. RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-08-01P:310 Upland Drive Page 3 of 10 Page 71 of 339 2.2 A bid guarantee from each Bidder equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. The successful Bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the Contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the Contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of the Contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFB. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". 2.6 The Bidder hereby agrees to conform with all provisions of the Federal Civil Rights Act; The Code of Iowa, Chapter 216 Civil Rights Commissions rules and regulations; and conform to provisions set for in Iowa Code 692A.11. The Bidder certifies that they are permitted by the Iowa Workforce Development to conduct asbestos abatement in the State of Iowa. The Bidder hereby agrees that they will comply with all federal and state affirmative action/equal employment opportunity requirements concerning fair employment and will not discriminate between or among by reason of race, color, religion, sex, national origin, or physical handicap. The Bidder hereby agrees that they will make any and all supervisors and workers assigned to duties on the project for which this bid has been submitted aware of their duties under the Contract Documents, including these Project Specifications, and other documents presented as part of this project and all federal, state, and local laws and regulations. 2.7. The Bidder shall call to the City's attention, prior to signing a contract, any omissions or errors noted in the Specifications or Scope of Work that are at odds with the intent of the bid documents, the project, or any federal, state, or local laws or regulations. The Bidder, by submitting a bid and bid security, acknowledges that they forfeit the bid security upon failure to enter into such contract. SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) weeks anticipated to begin September 12, 2025, and run thru October 10, 2025. RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-08-01P:310 Upland Drive Page 4 of 10 Page 72 of 339 3.0.2 The City and the Contractor may renew the original Contract for one (1)week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. City's Project Manager may administratively approve up to four (4) one (1) week time period renewals. Further renewals will require approval of the City Council as an amendment to the Contract. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance and bond requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder, and all exhibits to the RFB shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C". 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-08-01P:310 Upland Drive Page 5 of 10 Page 73 of 339 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the city may, at the city's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and be submitted to the City with supporting documentation by e-mail or US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.3 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.4 All work is to be done in strict compliance with this RFB. The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 310 Upland Drive. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Bidder shall be responsible to familiarize itself with the specifications included in this RFB and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-08-01P:310 Upland Drive Page 6 of 10 Page 74 of 339 applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos surveys included as Exhibit "B". Assess and reasonably ascertain if there is any ACM that was not identified in the asbestos surveys included as Exhibit "B". Removal of any non-identified ACM will be done by change order amendment to the Contract. Costs associated with this Contract shall be "lump sum". If the abatement Contractor requires additional inspection and testing, if it is based on it being missed by the survey contractor or not sufficiently identified by the survey contractor (as determined by the City's Representative), then the costs associated with the additional inspection and testing shall not be the responsibility of the abatement Contractor. However, if the re-inspection(s) and testing are required for failure of the asbestos abatement Contractor to remove all ACM, and missed ACM was clearly identified in the survey (as determined by the City's Representative), the abatement Contractor shall be responsible for payment to the survey contractor for any reinspection and testing fees as part of the "lump sum" costs of this Contract. 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the City's Project Manager upon request. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the asbestos abatement project. 4.1.7 Provide clearance certification that the structure(s) are clear of ACM and ready for demolition. The Contractor shall investigate the environmental condition, including the presence, location, and condition of ACM. Any failure of the Contractor to acquaint themselves with available information will not relieve them from the responsibility for determining the difficulty or cost of successfully performing the work. No increase in Contract cost will be considered due to the Bidder's failure to physically verify all site attributes affecting the work, or other materials specified by the Contract Documents. The City is not responsible for any conclusions or interpretations made by the Bidder on the basis of the information made available by the City. The Contractor may have to demolish materials to gain access to some ACM. These items may include, but are not limited to interior walls (consisting of wood paneling, tile, block, drywall, plaster, brick, non-structural concrete, etc.), ceiling and floor demolition (acoustical ceiling tile, grid, electrical wiring, piping, glue pods and/or glued on ceiling tiles, floor tiles or other flooring, mechanical items, etc.); cabinets, shelves, dividers/cubicles/desks, furniture, piping, utilities, base boards, built-up roofing, etc. 4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-08-01P:310 Upland Drive Page 7 of 10 Page 75 of 339 4.3 The contractor that conducted asbestos surveys is eligible to perform asbestos abatement on the same properties, and therefore is eligible to bid on this RFB. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within the Contract Term (anticipated to be October 1). If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. 4.5 A mandatory walkthrough will be required for 310 Upland Drive on Thursday, August 21, 2025 at 1:00 p.m. Bidders that do not have a representative in attendance at the walk thru are not eligible to bid on this contract. The Planning Department is not in possession of a key to the property. The property may be boarded up and may require a cordless drill with various bits to remove boards to provide access. Please re-install any boards you remove to attempt to maintain security. Please Note: the property is in very poor condition, and may require careful methods (such as an extension ladder) to reach basements or upper levels. Use caution when entering the properties. Enter at your own risk. SECTION V GENERAL TERMS AND CONDITIONS 1. LANGUAGE,WORDS USED INTERCHANGEABLY- submitted with Proposals, the Proposer's name should The word CITY refers to the CITY OF WATERLOO, be clearly shown on each document. IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person 4. COLLUSIVE PROPOSAL - The Proposer certifies that or company submitting an offer to sell its goods or the proposal submitted by said Proposer is done so services to the CITY, and CONTRACTOR refers to the without any previous understanding, agreement or successful bidder. connection with any person, firm, or corporation making a proposal for the same Contract, without prior 2. PROPOSER QUALIFICATIONS - No Proposal shall be knowledge of competitive prices, and it is, in all accepted from, and no Contract will be awarded to, any respects, fair, without outside control, collusion, fraud or person, firm or corporation that is in arrears to the City otherwise illegal action. upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is 5. SPECIFICATION CHANGES, ADDITIONS AND deemed irresponsible or unreliable by the City. If DELETIONS-All changes in Proposal documents shall requested, Proposers shall be required to submit be through written addendum. Verbal information satisfactory evidence that they have a practical obtained otherwise will NOT be considered in awarding knowledge of the particular supply/service proposal and of Proposals. that they have the necessary financial resources to provide the proposed supply/service as described in this 6. PROPOSAL CHANGES - Proposals, amendments Request for Proposal. thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ of when they were mailed. OFFEROR-Any deviation from this specification MUST HOLD HARMLESS AGREEMENT - The Contractor be noted in detail, and submitted in writing in the 7. Proposal. Completed specifications should be attached agrees to protect, defend, indemnify and hold harmless for any substitutions offered, or when amplifications are the City of Waterloo, its officers and employees, their desirable or necessary.The absence of the specification agencies and agents, from any and all claims and deviation statement and accompanying specifications damages of every kind and nature made, rendered or will hold the Proposer strictly accountable to the incurred by or in behalf of every person or corporation specifications as written herein. Failure to submit this whatsoever, including the parties hereto and their document of specification deviation, if applicable, shall employees that may arise, occur, or grow out of any be grounds for rejection of the item when offered for acts, actions, work or other activity done by the delivery. If specifications or descriptive papers are Contractor, its employees, subcontractors or any independent contractors working under the direction of RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-08-01P:310 Upland Drive Page 8 of 10 Page 76 of 339 either the Contractor or subcontractor in the adequate time for delivery of their proposal either by performance of this Contract. airfreight, postal service,or other means. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- 15. CANCELLATION-Either party may cancel the award in TANCE - The City reserves the right to reject any or all the event that a petition, either voluntary or involuntary, Proposals. The City further reserves the right to waive is filed to declare the other party bankrupt or insolvent or technicalities and formalities in Proposals, as well as to in the event that such party makes an assignment for accept in whole or in part such Proposals where it is the benefit of creditors. deemed advisable in protection of the best interests of the City. 16. ASSIGNMENT- Proposer shall not assign this order or any monies to become due hereunder without the prior 9. PROPOSAL CURRENCY/LANGUAGE - All proposal written consent of the City. Any assignment or attempt prices shall be shown in US Dollars ($). All prices must at assignment made without such consent of the City remain firm for the duration of the Contract regardless of shall be void. the exchange rate. All proposal responses must be submitted in English. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to 10. PAYMENTS - Payments will be made for all otherwise discriminate in matters of compensation goods/services delivered, inspected and accepted within against any person otherwise qualified solely because 45 days and on receipt of an original invoice and all of age, race, color, religion, sex, sexual orientation, necessary supporting documentation. gender identity, marital status, national origin, citizenship status,disability,or veteran status. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring 18. TAXES -The City of Waterloo is exempt from sales tax explanation or interpretation, must be inquired into by and certain other use taxes. Any charges for taxes from the Proposer in writing at least 72 hours (excluding which the City is exempt will be deducted from invoices weekends and holidays) prior to the time set for the before payment is made. Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All 19. PROPOSAL INFORMATION IS PUBLIC — All addenda shall become part of the Contract documents documents submitted with any proposal and the and shall be acknowledged and dated on the signature proposal shall become public documents and subject to page. Iowa Code Chapter 22,which is otherwise known as the "Iowa Open Records Law". By submitting any document 12. LAWS AND REGULATIONS - All applicable State of to the City of Waterloo in connection with a proposal, Iowa and federal laws, ordinances, licenses and the submitting party recognized this and waives any regulations of a governmental body having jurisdiction claim against the City of Waterloo and any of its officers shall apply to the award throughout as the case may be, and employees relating to the release of any document and are incorporated here by reference. or information submitted. 13. SUBCONTRACTING - No portion of this Proposal may Each submitting party shall hold the City of Waterloo be subcontracted without the prior written approval by and its officers and employees harmless from any the City. claims arising from the release of any document or information made available to the City of Waterloo 14. ELECTRONIC SUBMITTAL - Telegraphic and/or arising from any proposal opportunity. proposal offers sent by electronic devices (e.g.facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-08-01P:310 Upland Drive Page 9 of 10 Page 77 of 339 EXHIBIT"A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. 310 Upland Drive. Total "lump sum" bid: $ Total bid in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of ninety (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date ❑ We choose not to bid at this time but would like to be considered for future requests for bid RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-08-01P:310 Upland Drive Page 10 of 10 Page 78 of 339 EXHIBIT "C"DRAFT ASBESTOS ABATEMENT SERVICES CONTRACT AB-2025-08-OIP 310 Upland Drive This Contract for Asbestos Abatement Services (the "Contract") is entered into as of September 3, 2025, by and between the City of Waterloo, Iowa("City") and In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of September 12, 2025 thru October 10, 2025, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFB response. Contractor's request for payment for services authorized under this Contract shall be submitted in accordance with the Contract Documents and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted and all necessary supporting documentation is submitted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the plans and specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Bid b. Addenda(if any) c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $ as provided in the Bid Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and the Contractor has been issued a Notice to Page 79 of 339 Proceed. The work shall commence within ten(10) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within the term of the Contract, including any renewal extensions. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent(100%) of the Contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the Contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this Contract. 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3)years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record-retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2)business days of request, to City, and any other agency of state or federal government. For purposes of this section, "records"means any and all books, documents,papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Reserved. 7. Indemnity. Except as to any negligence of City, its officials, officers, employees, agents, or elected officials, 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, agents and elected officials, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven(7)days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature, cannot be 2 Page 80 of 339 done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period),then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; C. declare a default of this Contract,make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor,but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of 3 Page 81 of 339 their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. CITY OF WATERLOO, IOWA CONTRACTOR By: Quentin Hart, Mayor Authorized Representative Attest: Kelly Felchle, City Clerk 4 Page 82 of 339 ASBESTOS INSPECTION REPORT INSPECTION ADDRESS: City of Waterloo 310 Upland Street Waterloo, IA 50703 Project #: 25-29918 CANOPY [70} 2 32 4 N CANOPY 24 65 32 5 CANOPY 1701 [70] 14 32 NV 5 NE 24 65 65 5 B4ISBRK1131.K [45243] S5 65 24 SV 5 5 SE 32 14 14 CANOPY 32 48 S 48 24 CANOPY 170] [70] 24 24 40 40 112 35 PORTICO by Wi'H.C3JE1aVC)oi1.DtNl3 S4 [22401 SUBMITTED TO: City of Waterloo Community Planning & Development 715 Mulberry Street Waterloo, IA 50703 Attn: Aric Schroeder, City Planner Page 83 of 339 ASBESTOS INSPECTION Prepar y: IL a I lyn, Inspect 07/17/2025 Date 25-13314 Inspector# 04/09/2026 License Expiration date Page 84 of 339 {g6 S EE€ t t TABLE OF CONTENT 1 . INTRODUCTION 2. DEFINITIONS 3. GENERAL BUILDING OBSERVATIONS 4. REPORT DATA a. METHOD b. REPORT DATA 5. PROJECT SUMMARY a. POSITIVE ASBESTOS SAMPLE LIST b. CONCLUSIONS AND RECOMMENDATIONS LIST OF APPENDICES APPENDIX A - SAMPLE INVENTORY LIST & LAB ANALYSIS APPENDIX B - INSPECTOR LICENSE AND CERTIFICATION APPENDIX C - PICTURES Page 85 of 339 I E SECTION 1 INTRODUCTION For each area of the building, the inspector performing the inspection did the following: 1. Visually inspected the area(s) to identify the locations of all suspect Asbestos Containing Building Materials. 2. Identify all homogeneous areas of friable and non-friable suspected asbestos. 3. Assume, if necessary, that some or all of the homogeneous area(s) are Asbestos Containing Material (ACM), and for each homogeneous area that is not assumed to be ACM, collect and submit bulk samples for analysis. Page 86 of 339 SECTION 2 i E DEFINITIONS: E E HOMOGENEOUS AREA An area which appears similar throughout in terms of color, texture, and date of material application. SURFACING MATERIAL Material in a building that is sprayed-on, troweled-on, or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials on surfaces for acoustical, fireproofing, or other purposes. THERMAL SYSTEM INSULATION Means material applied to pipes, fittings, boilers breeching, tanks ducts, or other interior structural components to prevent heat loss or gain, or water condensation, or other purposes. MISCELLANEOUS MATERIAL Interior building material on structural components, structural members or fixtures, such as floor and ceiling tiles, and does not include surfacing material or thermal system insulation. SAMPLING AND ANALYSIS All samples to be analyzed by Polarized Light Microscopy (PLM). Analysis was performed in accordance with EPA 40 CFR, Part 763, Appendix A to Subpart F. A homogeneous area was considered not to contain Asbestos Containing Material (ACM)only if the results of all samples collected from the area showed asbestos in the amounts of one (1) percent(%)or less (_1%). A homogeneous area contains ACM when one or more samples collected from that area shows greater than one(1) percent(%)asbestos (>1 FRIABLE Any material containing more than one (1) percent(%)asbestos that, when dry can be crumbled, pulverized, or reduced to a powder by hand pressure. NON-FRIABLE (CATEGORY 1) Asbestos containing packings, gaskets, resilient floor covering, and asphalt roofing products, containing more than one (1) percent(%) asbestos. NON-FRIABLE (CATEGORY IIS Any excluding Non-Friable (Category 1)Asbestos Containing Material, containing more than one (1) percent(%) asbestos. Page 87 of 339 FI i' E>: L 3 y 1 SECTION 3 General Building Inspection Observations The building inspection is conducted by a qualified and State of Iowa licensed Asbestos Inspector, The purpose of a building inspection is to identify existing building materials that are asbestos containing materials (ACM). If the inspection is conducted in an occupied building, the Inspector is sometimes denied accessibility to building areas and materials; i.e., the Inspector may not be allowed to cut through floor coverings or walls, remove quarry tiles, etc. There are many situations where ACM are concealed in wall cavities and other non-accessible areas, such as tunnels, crawl spaces, above ceilings, pipe chases, behind wall coverings, beneath debris piles, under various floor coverings, etc. When these situations occur in construction, renovation, and/or demolition, etc., materials in these areas shall be treated as ACM and handled as such by qualified and licensed asbestos personnel. If suspect asbestos containing material is discovered or damaged during the course of any activities, the material shall be considered and treated as ACM to diminish further fiber release. In addition, the Inspector uses an independent laboratory that analyzes the bulk building material samples using Polarized Light Microscopy (PLM). PLM analysis technique may not be as accurate as more expensive analysis techniques for certain building materials. It remains the Building Owner and/or Representative(s)' responsibility to address this issue and consider analyzing suspect building material using different analysis techniques prior to disturbing the material(s). The following are areas that may not be inspected. 1. Tunnels and Crawl Spaces: During the inspection process, the Inspector attempts to check tunnels and crawl spaces for ACM and the degree of damage to the materials. In most cases, quantification of ACM in these areas is impossible due to the inaccessibility to these areas. In addition, these areas may fall under: "Confined Space Regulations". Due to the congestion in tunnels and crawl spaces, obtaining an accurate quantification for mudded joints, pipe wrap, etc. is almost impossible. The Inspector will quantify ACM only in accessible tunnels and crawl spaces, and estimate the quantities in the inaccessible areas. Some reasons for inaccessibility are as follows: flooded areas, pipe congestion, asbestos and other debris, electrical hazards, confined spaces, unknown gas emissions, low ceilings, etc. 2. Boilers and Thermal System Insulation: Interior portions of boilers, heaters, storage tanks, etc. are not always accessible. Materials in these areas will be treated as ACM. Areas of concern are packing inside boiler doors and liners. Use extreme care and properly trained personnel when handling these types of materials. Some boilers have insulated metal jackets over fiberglass or ACM. Thermal system insulation can be found in many different forms; i.e., air cell, preformed magnesium block, millboard, etc. All fiberglass materials are excluded as suspect ACM. Page 88 of 339 3. Debris: In areas where damaged ACM may be found there may and usually will be ACM debris in the general area of the damaged material. These areas shall be treated with the utmost care even during the inspection and quantification process. The Inspector considers any exposure to this type of material as a health threat. 4. State of Quantification: As a general rule, individual rooms or areas of estimation contain inherently more probability of an error than those groups of rooms or areas or an entire building. In other words, the aggregate tends to be more accurate than the sums of the individual parts. Therefore, when designing response actions (measurements, air samples, etc.), the project designer and the asbestos abatement contractor's attention shall be given to ensure that quantification of materials and proper methods are followed through careful analysis of the site. If materials are quantified, the asbestos abatement contractor or owner, owner representatives or third parties are responsible for verifying the quantities. 5. The Inspector may take some latitude in the presentation of the Inspection Report. When the Inspector has found floor tiles, linoleum, and/or carpeting listed he/she may or may not have adhesives listed. Adhesives have been known to contain asbestos and therefore, although not mentioned, it may be presumed to be ACM, listed or not. Testing of the adhesive prior to disturbing is recommended. The same is true for adhesives or mastics used to adhere linoleum to floors or counter tops. All toweled-on and/or sprayed-on surfacing materials; i.e., floor mastics, wall and ceiling surfacing, etc. are either suspected or presumed ACM unless sampled and analyzed to indicate that they are not ACM. 6. In the Inspection Report, certain items such as mudded joints (MJ) or metal doors (MD), etc. are listed as units or number of units; i.e. 10 MJ, 3 Damaged, which is an indication of count rather than square feet or linear feet. Most materials listed in the assessment are either listed as square feet or linear feet with these noted exceptions. 7. In the Assessment Process, there are additional codes such as ME and MG; ME representing miscellaneous electrical and MG representing miscellaneous gasket materials. Both of these codes are used to indicate materials that are unusual to the normal course of an assessment of the building. Miscellaneous electrical materials include old electrical wiring, switchboards, transite panels, etc. Miscellaneous gasket materials can be found between (thermal) valves, on boiler doors, between fittings, between molds, etc. These codes give the Inspector the ability to qualify materials, which sometimes may not be considered as ACM. 8. An Asbestos Code Sheet is included with the Inspector's inspection report, which informs the client as to the Homogeneous Codes used during the inspection process. Page 89 of 339 9. Caution- Regarding Inspection results- Floor tiles, adhesives, and drywall (mud) found to not contain asbestos should be re-analyzed under the "Chatfield Method" of TEM analysis. Many times the results from having these materials analyzed under PLM results in false positives or false negatives. After reviewing your report, please notify the inspector if you want these samples analyzed under the "Chatfield Method". 10. Any sample less than 10% asbestos may be Point Counted. Point counting is a more accurate method of analyzing of bulk samples. The results of the point counting are the results that will determine if the material will be treated as asbestos. 11. Asbestos inspections are performed based on current understanding of the regulations. As new interpretations of the regulations are made aware of by the EPA, DNR, and Iowa Division of Labor. Advanced Environmental Testing and Abatement Inc. will adapt their inspections to comply with these new procedures. If additional sampling is required by the different agencies, Advanced Environmental will do the additional sampling. The owner is responsible for the additional cost for these samples as well as labor. 12. Advanced Environmental shall not be responsible for any cost of abating any additional asbestos discovered in any renovation or demolition activities. Any additional items discovered shall be tested when they become accessible. For example, old adhesive may be under new floor tiles and adhesive. Additional materials may be concealed in walls, under multi layers of flooring, etc. 13. All amounts listed are estimates. It is up to other contractors to field verify any amounts that are listed within this report. 14. All material that looks similar should be treated as asbestos containing materials. 15. Asbestos Material containing <1%. Some material tested for asbestos may contain trace amounts of asbestos and be below the threshold for asbestos contain material according to both the Iowa DNR and Iowa State Code.. However, the Federal Occupational Safety and Health Administration still have some regulations that contractors must follow under 29 CFR 1926.1101. Contractors working with asbestos material with <1% asbestos must still produce a negative and initial exposure assessment, completed by a "competent person". Contractors must follow 29 CFR 1926. 1101 (g)(1)(ii) and (iii) and 29 CFR 1926. 1101(g)(3)(i), (ii), and (iv). Please contact Advanced Environmental Testing and Abatement, Inc. for consultation on how to handle material with <1% asbestos. 16. Flat roofs: If any layer of a flat roof tests positive for asbestos, all layers should be considered asbestos and removed as such. Advanced Environmental makes every effort to core roof samples through all layers. Page 90 of 339 k ASBESTOS CODES A = Assumed MJ = Mudded Joint ADH = Adhesive NC = Nose Cap APW = Air Cell Pipe Wrap NF = Non Friable BP = Boller Piaster NSM = Not Suspect Material C = Ceiling P or PH = Previous History CAPS = Stair Treads PP = Patched Plaster/Drywall CQ = Can't Quantify PSA = Sand Plaster CT = Ceiling Tiles PSM = Smooth Plaster CT/12 = 12" Ceiling Tiles S = Sample/Samples/Sampled DAM. = Damaged SCT = Suspended Ceiling Tile DEB = Debris SR = Sample Result DW= Drywall ST = Storage Tank F = Friable SUR = Surfacing FE = Furnace Exhaust T = Thermal FT = Floor Tiles Thermal Pipe Measurement = Linear Ft GASK = Gaskets TR = Transits GYM = Gypsum TSI = Thermal System Insulation HOMO = Homogeneous VC Vibration Cloth LINO = Linoleum VDW = Vinyl Covered Drywall MISC = Miscellaneous Non Friable W = Walls MAC = Metal Asbestos Chimney WD = Wood Door MATL DESC = Material Description N = North MD = Metal Door S = South ME = Miscellaneous Electrical E = East MF = Miscellaneous Friable W = West 1. All Metal Doors are listed by quantities, example 3 = 3 metal doors. 2. All Mudded Joints are listed by quantities of MJ, not sizes. 3. All Pipe Wrap materials are listed in linear feet. 4. All other measurements are square feet unless stated elsewhere. 5. Sample Results: N = Not Considered Asbestos Containing Material Y = Considered Asbestos Containing Material P or PH = Previous History NIA = Not Analyzed <1% = Contains less than 1% Asbestos Containing Material >1% = Contains more than 1% Asbestos Containing Material b. All Adhesives are considered Asbestos Containing Material (ACM) which can't be quantified - Non Friable ACM. 7. All Seals and Gaskets are considered Asbestos Containing Material (ACM) which can't be quantified — Non Friable ACM. Page 91 of 339 i E SECTION 4 E REPORT DATA BUILDING NAME; Old Nursing Home — 340 Upland Avenue —Waterloo, IA INSPECTION AREAS: Throughout CLIENT CONTRACT: City of Waterloo —Aric Schroeder METHOD: All samples are sent to EMC LABS, INC in Phoenix, Arizona. EMC LABS is accredited by the National Institute for Standards and Technology for Polarized Light Microscopy analysis under their NVLAP accreditation (NVLAP #: 101926-0). Sampling was completed by a State of Iowa licensed asbestos inspector. Sampling methods were based on National Emission Standards for Hazardous Air Pollutants (NESHAPS) protocols. Bulk samples of suspect asbestos containing material were analyzed by Polarized Light Microscopy (PLM) using EPA Method 600-R93-116. OVERVIEW: An asbestos inspection was conducted at the residence located at 310 Upland Avenue in Waterloo, IA on multiple days in July, 2025. This is a 1 story building. It was built in 1966. At the time of inspection, a total of eighty-four samples were analyzed one hundred eighty-one layers analyzed for asbestos content. Each sample is broken down by layers if necessary (I.e. floor tile and mastic). Samples can be categorized by miscellaneous, surfacing, and thermal. The following samples were taken of each: Miscellaneous samples tested include: 9" x 9" floor tile & mastic 12" x 12" floor the & mastic Wall adhesive sheet flooring / linoleum Ceramic wall tile adhesive/ grout Ceramic floor tile adhesive/ grout Vinyl base adhesive Glue spots on walls 2' x 4' & 2' x 2' ceiling tile Milk board adhesive Drywall joint compound Carpet adhesive Window glazing & Window caulk Concrete ceiling material Roof tar/ caulk on vents, units, skylights Seam caulk in exterior walls Exterior caulks Roof felts & flashing Roof gravel stop Rolled roofing Surfacing samples included: Skim coat Wall texture Thermal samples include: Pipe coating on fiberglass Page 92 of 339 SECTION 5 POSITIVE SAMPLE RESULTS: i The following samples tested positive (>I%) for asbestos: 1) 9" x 9" floor the (throughout the building under non-acm 12"x 12" FT) 10% Chrysotile E 1) black mastic for above 5% Chrysotile 4) 9" x 9" floor tile (throughout the building under non-acm 12"x 12" FT) 10% Chrysotile 4) black mastic for above 5% Chrysotile 11) black mastic under sheet flooring/linoleum 5% Chrysotile 13) black mastic under floor tile 5% Chrysotile 18) 9" x 9" floor tile (throughout the building under non-acm 12"x 12" FT) 5% Chrysotile 18) black mastic for above 5% Chrysotile 20) black mastic under ceramic tile 5% Chrysotile 33) black mastic under 12" x 12" floor tile) 5% Chrysotile EX2) black/grey base tar at ends of SW,NW,N,NE,SE wings 5% Chrysotile EX4) black/grey base tar at ends of SW,NW,N,NE,SE wings 5% Chrysotile EX6) Window Caulk - South wing windows (sides) 3% Chrysotile EX7) Window Caulk - South wing windows (Lintel — TOP) 3% Chrysotile EX8) Door caulk— South wing -- East side doors 3% Chrysotile EX9) Lintel caulk -- South wing — east side opening 5% Chrysotile EX13) black/grey base tar at ends of SW,NW,N,NE,SE wings 5% Chrysotile EX13) white base tar at ends of SW,NW,N,NE,SE wings 2% Chrysotile EX16) Gravel stop — roof perimeter (NW Section) N, NE, & SE 5% Chrysotile EX25) Roof tar on center roof section on small square vents 5% Chrysotile EX26) Center roof— Skylight units roof flashings 5-30% Chrysotile EX28) Center roof-- grey caulk on skylights 5% Chrysotile EX29) Center roof section - Gravel stop /tar 3-5% Chrysotile EX30) Center roof section - Roof unit roof flashing 5-30% Chrysotile EX35) Roof tar— South roof section on metal part of roof unit 3% Chrysotile The inspection was to identify asbestos containing materials prior to demolition. The Inspection entailed a visual assessment of the property for suspect asbestos containing materials, collection, and submittal of bulk samples for analysis. In the State of Iowa, asbestos is regulated by the Iowa Department of Natural Resources and the Iowa Division of Labor, Page 93 of 339 i CONCLUSIONS AND RECOMMENDATIONS Interior The only positive samples on the inside were the 9" x 9" floor tile & black mastic. There is 12" x 12" floor tile over 90% of the positive 9" x 9" floor tile with black mastic. There are six wings with a center section to this building. They are labeled SW, NW, N, NE, SE, & S on the map I have enclosed. The SW, NW, N, NE, & SE wings were all resident rooms and the same throughout. There is 9" x 9" floor tile and black mastic under 12" x 12" floor tile and mastic in these wings (Basically you will need to get rid of both layers of floor tile & mastic.) Each of these wings had 4-6 rooms near the center section that had positive black mastic. The black mastic in these rooms was under floor tile, carpeting and/or ceramic tile. Any black mastic that was sampled was positive so all black mastic should be considered positive. A couple of the rooms with 1" x 1" ceramic tile did not have black mastic under the tile. In the South wing on the East side, there was a kitchen area with brownish ceramic tile. There are some small areas where some cabinets must have been. There are a couple of 9" x 9" tiles with black mastic (Probably wont affect your bid) in this area. There is approximately 40,000 sq. ft. of double layered floor tile & mastic Exterior The SW, NW, N, NE, & SE wings all have black-grey-white tar caulk at the base of the end wall (marked in orange). There is approximately 350 In. ft. of this material. The South wing has windows and doors with positive window caulking (where brick meets windows). There is eight windows and three door openings with acm caulk. Roofing The SW wing has a new ballast roof with a rubber and rock on top of the rubber. I removed the rock and rubber in a couple of areas and the old built-up roofing and gravel stop flashing has been removed The gravel stop flashing on the NW, N, NE, & SE wings is positive. The flashing next to the brick center section and the roof units was negative. There is approximately 1,040 In. ft. of gravel stop flashing on these four roofs. On the hexagon roof, there are some small square roof vents that have a acm tar on them. There are approximately 36 of these (12" x 12" ). The roof flashing on the roof units/skylights was positive. There are 5-6 skylights (6' x 4'). There are 10 larger roof vents (10' x 7') , and 2- 3 smaller roof vents (4' x 4"). 1 came up with approximately 550 In. ft. of roof flashing on the roof units. The gravel stop on the hexagon shaped roof was positive as well. There is approximately 420 In. ft. of gravel stop flashing on the perimeter of this roof On the hexagon shaped roof, there is some grey caulk on the skylights that was positive. There are 5-6 skylights. On the South roof, there is a black I silver tar on the 3' x 3' roof unit near the south end. Page 94 of 339 APPENDIX A SAMPLE INVENTORY LIST, LAB ANALYSIS Page 95 of 339 0 o e o a a C O 0 0 61 0 o d O O O m 2i, 6 oo 0 0 0 0 1fO 01 0 2_ y o O o CO, O O O O O O o a a p o N +� O o O �' o '� �' o o d o o 0 Gl O o a o 0 6 0 0 o a O O w ry 3 N O O O o O o o O Q J Or.L () o O () 0 0 0 0 0 o t O o c O d c O o O N h o C) C) C) C) C) u� V o U (n p c) ',r\i of o °(nom +'ten v d 0 o e n O O a N r r C O d a+ Q) C N V QI V 'a ' ' N 'D ' 'O U "o a -0 ' -0' E O O O O O O O N O D D O O O D �O ZOS 'Op •Oo 'Oa •Oi3 TO1 'OO 'OC1 'OO O 000000 00 Do -0 0 0 0 0 0 0 0 0000000 00 O 0 w a a o 3 N ui U N y � (D O U y g o (D 0 a) c) o o ro J ( p E r.4 Q 3 L.. 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Laboratory Report 9830 S.51st Street,Suite 13109, Phoenix, Az 85044 0334448 Phone: 800-362-3373 or 480-940-5294-Fax: (480) 893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926.0 Client: ADVANCED ENVIRONMENTAL Job#I P.O. #: 25-29918A Address: 803 RICKER ST. Date Received: 07/10/2025 WATERLOO, IA 50703 Date Analyzed: 07/11/2025 Collected: 07/09/2025 Date Reported: 07/11/2025 Project Name: 310 UPLAND STREET-WATERLOO, IA Submitted By: JAY LLEWELLYN Address: Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/600]R-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334448-001 THROUGHOUT- LAYER 1 Yes Chrysotile 10% 1 SAMPLE FROM 9'x9"Floor Tile,Gray WEST WING HALLWAY Carbonates Quartz Non-Fibrous BinderlFiller 90% LAYER 2 Yes Chrysotile 5% Mastic, Black Carbonates Non-Fibrous Binder/Filter 95% LAYER 3 No None Detected 12"x12"Floor Tile, Pink Carbonates Quartz Non-Fibrous Binder/Filler 100% LAYER 4 No None Detected Cellulose Fiber 2% Mastic,Yellow Carbonates Gypsum Non-Fibrous Binder/Filler 9R% Page 1 of 13 Page 98 of 339 l FMC LABS INC. LABS, Laboratory Report i 9830 S.51st Street,Suite 13709, Phoenix, AZ 85044 0334448 € Phone: 800-362-3373 or 480-940-5294-Fax:(480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O. #: 25-29918A Address: 803 RICKER ST. Date Received: 07/10/2025 WATERLOO, IA 50703 Date Analyzed: 07/11/2025 Collected: 07/0912025 Date Reported: 07/11/2025 Project Name: 310 UPLAND STREET-WATERLOO, IA Submitted By: JAY LLEWELLYN Address: Collected By: EPA Method: App,E to Sub.E of 40 CFR Part 763 and EPA/6=14-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334448-002 ALL RESIDENCE LAYER 1 NC) None Detected 2 ROOMS IN Wali Adhesive,Yellow BATHROOMS Carbonates Non-Fibrous BinderlFiller 100% LAYER 2 No None Detected Cellulose Fiber <1% Plaster-Scratch Coat,Off White Gypsum Quartz Carbonates Non-Fibrous Binder/Filler 99% LAYER 3 No None Detected Plaster-Finish Coat,White Gypsum Carbonates Quartz Non-Fibrous BinderlFiller 100% 0334448-003 ALL RESIDENCE LAYER 1 No None Detected Cellulose Fiber 15% 3 ROOMS IN Sheet Flooring,Gray Fibrous Glass 5% BATHROOMS Carbonates Gypsum Non-Fibrous Binder/Filler 80% LAYER 2 No None Detected Cellulose Fiber 3% Mastic,Tan f=ibrous Glass 1% Carbonates Gypsum Non-Fibrous BinderlFiller 96% Page 2 of 13 Page 99 of 339 I V i t EMC LABS, INC. Laboratory Report 'k 9830 S.51st Street,Suite 8109, Phoenix, AZ 85044 0334448 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O. #: 25-29918A Address: 803 RICKER ST. Date Received: 07/10/2025 WATERLOO, IA 50703 Date Analyzed: 07/11/2025 Collected: 07/0912025 Date Reported: 07/11/2025 Project Name: 310 UPLAND STREET-WATERLOO, IA Submitted By: JAY LLEWELLYN Address: Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Name I Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334448-004 LAYER 1 Yes Chrysotile 10% 4 9"x9"Floor Tile.Gray Carbonates Quartz Non-Fibrous Binder/Filler 90% LAYER 2 Yes Chrysotile 5% Mastic. Black Carbonates Non-Fibrous Binder/Filler 95% LAYER 3 No None Detected 12"x12"Floor Tile,Pink Carbonates Quartz Non-FibrousBinder/Filler 100% LAYER 4 No None Detected Cellulose Fiber 2% Mastic,Yellow Carbonates Gypsum Non-Fibrous BinderlFiller 98% 0334448-005 ROOM LABELED C! LAYER 1 No done Detected 5 Ceramic Wall Tile,Lt.Blue Gypsum Quartz Non-Fibrous BinderlFiller 100% LAYER 2 No None Detected Grout,White Carbonates Quartz Non-Fibrous Binder/Filler 100% LAYER 3 No None Detected Adhesive, Brown Carbonates Gypsum Non-FibrousBinder/Filler 100% Page 3 of 13 Page 100 of 339 EMC LABS, INC. Laboratory Report I 9830 S.51st Street,Suite 8109, Phoenix, AZ 85044 4334448 Phone: 800-362-3373 or 480-940-5294-Fax:(480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy I NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O.M 25-29918A Address: 803 RICKER ST. Date Received: 07/10/2025 WATERLOO, IA 50703 Date Analyzed: 07/11/2025 Collected: 07109/2025 Date Reported: 07/11/2025 Project Name: 310 UPLAND STREET-WATERLOO, IA Submitted y: JAY LLEWELLYN Address: Collected By: EPA Method: APp•E to Sub.E of 40 CFR Part 763 and EPA/6001R-93 Lab ID Sample Layer Name I Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334448-006 ROOM LABELED Cl LAYER 1 No None Detected 6 1 x 1 Ceramic f=looring,Gray/ Gypsum Yellow Quartz Non-Fibrous Binder/Filler 100% LAYER 2 No None Detected Grout,Gray Carbonates Quartz Gypsum Non-Fibrous Binder/Filler 100% LAYER 3 No None Detected Adhesive,Brown Gypsum Quartz Non-Fibrous Binder/Filler 100% 0334448-007 SAMPLE FROM LAYER 1 No None Detected 7 ROOM C2 Vinyl Base Adhesive,Yellow Carbonates Gypsum Non-Fibrous Binder/Filler 100% LAYER 2 No None Detected Texture,White Carbonates Quartz Non-Fibrous Binder/Filler 100% LAYER 3 No None Detected Vinyl Base,White Carbonates Non-Fibrous Binder/Filler 100% Page 4 of 13 Page 101 of 339 i EMC LABS, INC. Laboratory Report 9830 S.51st Street,Suite 8109, Phoenix, AZ 85044 0334445 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O.#: 25-29918A Address: 803 RICKER ST. Date Received: 07/10/2025 WATERLOO, IA 50703 Date Analyzed: 07/11/2025 Collected: 07/09/2025 Date Reported: 07/11/2025 Project Name: 310 UPLAND STREET-WATERLOO, IA Submitted By: JAY LLEWELLYN Address: Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334448-008 SAMPLE FROM LAYER 1 No None Detected t3 ROOM C2 12"x12"Floor Tile,Green Carbonates Quartz Non-Fibrous Binder/Filler 140% LAYER 2 No None Detected Synthetic Fiber 1% Mastic-Top,Turquoise Quartz Gypsum Non-Fibrous Binder/Filter 99% LAYER 3 No None Detected Mastic-Bottom,Yellow Carbonates Gypsum Non-Fibrous Binder/Filler 100% 0334448-009 SAMPLE FROM Wall Texture/Skim Coat!Paint, No None Detected 8A ROOM C2 White/Yellow Carbonates Quartz Non-Fibrous Binder/Filler 100% Page 5 of 13 Page 102 of 339 EMC LABS, INC. Laboratory Report 9830 S.51st Street, Suite B109, Phoenix, AZ 85044 0334448 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O. #: 25-29918A Address: 803 RICKER ST. Date Received: 07/10/2025 WATERLOO, IA 50703 Date Analyzed: 07/11/2025 Collected: 07/09/2025 Date Reported: 07/11/2025 Project Name: 310 UPLAND STREET-WATERLOO, IA Submitted By: JAY LLEWELLYN Address: Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/6001R-93 Lab ID Sample Layer Name! Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334448-010 SAMPLE FROM LAYER 1 No None Detected 9 ROOM C3 Ceramic Wall Tile,Gray Gypsum Quartz Non-Fibrous BinderlFiller 100% LAYER 2 No None Detected Adhesive,Gray/Cream Carbonates Quartz Non-Fibrous Binder/Filler 100% LAYER 3 No None Detected Thin Set,Gray Carbonates Quartz Non-Fibrous Binder/Filler 100% 0334448-011 SAMPLE FROM Glue Spot,Orange!Tan No None Detected 10 ROOM C4 Carbonates Quartz Non-Fibrous Binder/Filler 100% 0334448-012 SAMPLE FROM LAYER 1 No None Detected Cellulose Fiber 18% 11 ROOM C4 Sheet Flooring,Gray Fibrous Glass 2% Carbonates Quartz Non-Fibrous BinderlFiller 80% LAYER 2 Yes Chrysofile 5% Cellulose Fiber 2% Mastic, Black/Brown Carbonates Gypsum Non-Fibrous BinderlFiller 93% Page 6 of 13 Page 103 of 339 EMC LABS., INC. Laboratory Report 9830 S.51st Street,Suite B109, Phoenix, AZ 85044 0334448 ' Phone: 800-362-3373 or 460-940.5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O. #: 25-29918A Address: 803 RICKER ST. Date Received: 07/10/2025 WATERLOO, IA 50703 Date Analyzed: 07/11/2025 Collected: 07/09/2025 Date Reported: 07/11/2025 Project Name: 310 UPLAND STREET-WATERLOO, IA Submitted By: JAY LLEWELLYN Address: Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334448-013 SAMPLE FROM Vinyl Base Adhesive,Brown No None Detected 12 ROOM C4 Gypsum Quartz Non-Fibrous Binder/Filler 100% 0334448-014 SAMPLE FROM LAYER 1 No None Detected 13 ROOM C5 9"x9"Floor Tile,Gray Carbonates Quartz Non-Fibrous Binder/Filler 100% LAYER 2 Yes Chrysotile 5% Mastic, Black Carbonates Gypsum Non-Fibrous Binder/Filler 95% LAYER 3 No None Detected 12"x12"Floor Tile,Gray Carbonates Quartz Non-Fibrous Binder/Filler 100% LAYER 4 No None Detected Cellulose Fiber 5% Mastic,Yellow Gypsum Carbonates Non-Fibrous Binder/Filler 95% 0334448-015 SAMPLE FROM LAYER 1 No None Detected Wollastonite 3% 14 ROOM C6 Ceramic Wall Tile,Green Gypsum Quartz Non-Fibrous Binder/Filler 97% LAYER 2 No None Detected Adhesive, Brown Gypsum Non-Fibrous Binder/Filler 100% Page 7 of 13 Page 104 of 339 i is } Y, EMC LABS, INC. Laboratory Report 9830 S.51st Street,Suite 8109, Phoenix, AZ 85044 0334448 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Li ht Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#/P.O. M 25-29918A Address: 803 RICKER ST. Date Received: 07/10/2025 WATERLOO, lA 50703 Date Analyzed: 07/11/2025 Collected: 07/09/2025 Date Reported: 07111/2025 Project Name: 310 UPLAND STREET-WATERLOO, IA Submitted By: JAY LLEWELLYN Address: Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/6001R-93 Lab ID Sample Layer Name! Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334448-016 SAMPLE FROM LAYER 1 No None Detected Wollastonite 3% 15 ROOM C7 Ceramic Wall Tile,Gray Gypsum Quartz Non-Fibrous Binder/Filler 97% LAYER 2 No None Detected Grout,Tan Carbonates Quartz Gypsum Non-Fibrous Binder/Filler 100% LAYER 3 No None Detected Adhesive,Brown Carbonates Non-Fibrous Binder/Filler 100% 0334448-017 SAMPLE FROM Wall Adhesive,Orange No None Detected 16 ROOM C7 Carbonates Non-Fibrous Binder/Filler 100% 0334448-018 SAMPLE FROM 2x4 Ceiling Tile,Whitel Beige No None Detected Mineral Wool 50% 17 ROOM C7 Cellulose f=iber 30% Carbonates Pedite Non-Fibrous Binder/Filler 20% Page 8 of 13 Page 105 of 339 EMC LABS, INC. Laboratory Report 9830 S.51st Street,Suite 13109, Phoenix, AZ 85044 0334448 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O. #: 25-29918A Address: 803 RICKER ST. Date Received: 07/10/2025 WATERLOO, IA 50703 Date Analyzed: 07/11/2025 Collected: 07/09/2025 Date Reported: 07/11/2025 Project Name: 310 UPLAND STREET-WATERLOO, IA Submitted By: JAY LLEWELLYN Address: Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334448-019 ROOM C10 LAYER 1 Yes Chrysotile 5% 18 91'x9"Floor Tile,Gray Carbonates Quartz Non-Fibrous Binder/Filler 95% LAYER 2 Yes Chrysotile 5% Mastic,Black Carbonates Gypsum Non-Fibrous Binder/Filler 95% LAYER 3 No None Detected 12"x12"Floor Tile,Gray Carbonates Quartz Non-Fibrous 8inderlFiller 140% LAYER 4 No None Detected Cellulose Fiber 2% Mastic,Yellow Carbonates Gypsum Non-Fibrous Binder/Filler 98% 0334448-020 ROOM C11 Milk Board Adhesive,Tan No None Detected 19 Carbonates Non-Fibrous BinderlFiller 100% 0334448-021 ROOM 011 LAYER 1 No None Detected 20 Ceramic Floor Tile,Gray Gypsum Quartz Non-Fibrous Binder/Filler 100% LAYER 2 Yes Chrysotile 5% Mastic, Black Carbonates Gypsum Non-Fibrous Binder/Filler 95% Page 9 of 13 Page 106 of 339 i i i EMC LABS, INC. Laboratory Report 9830 S.51st Street,Suite 13709, Phoenix, AZ 85044 0334448 Phone: 800-362-3373 or 480-940-5294-Fax: (484)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL ,lob#/P.O. #: 25-29918A Address: 803 RICKER ST. Date Received: 07/10/2025 WATERLOO, IA 50703 Date Analyzed: 07/1112025 Collected: 07/09/2025 Date Reported: 07/11/2025 Project Name: 310 UPLAND STREET-WATERLOO, IA Submitted By: JAY LLEWELLYN Address: Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA(6001R-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334448-022 SAMPLE FROM Wall Texture/Skim Coatf Paint, No None Detected 21 ROOM LABELED White/Yellow C14 Carbonates Quartz Non-Fibrous Binder/Filler 100% 0334448-023 ROOM C15 2x2 Ceiling Tile,White!Beige No None Detected Cellulose Fiber 65% 22 Mineral Wool 20% Carbonates Periite Non-Fibrous Binder/Filler 15% 0334448-024 BASEMENT LAYER i No None Detected Cellulose Fiber 30% 23 Pipe Coating/Wrap,White/Silver Fibrous Glass 10% Aluminum Gypsum Non-Fibrous BinderlFiller 60% LAYER 2 No None Detected Fibrous Glass 98% Insulation,Yellow Gypsum 2% 0334448-025 BASEMENT LAYER 1 No None Detected Cellulose Fiber 10% 24 Drywall,White/Brown Fibrous Glass 2% Gypsum Carbonates Non-Fibrous Binder/Filler 88% LAYER 2 No None Detected Joint Compound,White Carbonates Perlite Non-Fibrous Binder/Filler 100% Page 10 of 13 Page 107 of 339 EMC LABS, INC. Laboratory Report 9830 S.51st Street,Suite 8109, Phoenix, AZ 85044 0334448 Phone: 800-362-3373 or 480-940-5294-Fax:(480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy, ,,. NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O. M 25-29918A Address: 803 RICKER ST. Date Received: 07/10/2025 WATERLOO, IA 50703 Date Analyzed: 07/11/2025 Collected: 07/09/2025 Date Reported: 07/11/2025 Project Name: 310 UPLAND STREET-WATERLOO, IA Submitted By: JAY LLEWELLYN Address: Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA16001R-93 Lab ID Sample Layer Name! Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334448-026 ROOM C18 LAYER 1 No None Detected Cellulose Fiber 10% 25 Drywall,White/Brown Fibrous Glass 2% Gypsum Quartz Non-Fibrous Binder/Filler 88% LAYER 2 No None Detected ,joint Compound/Plaster-Scratch Quartz Coat,Off White Gypsum Note:Sample appears to be Non-Fibrous Binder/Filler 100% plaster LAYER 3 No None Detected Plaster-Finish Coat!Paint, Gypsum White/Green Quartz Carbonates Non-Fibrous Binder/Filler 100% 0334448-027 MAW ENTRY(SW LAYER 1 No None Detected 26 AREA) 12"x12"Floor Tile,Pink Carbonates Quartz Non-Fibrous Binder/Filler 100% LAYER 2 No None Detected 12"x12"Floor Tile,White Carbonates Quartz Non-Fibrous Binder/Filler 100% LAYER 3 No None Detected 12"x12"Floor Tile,Green Carbonates Quartz Non-Fibrous Binder/Filler 100% LAYER 4 No None Detected Cellulose Fiber 2% Mastic,Yellow Carbonates Gypsum Non-Fibrous BinderlFilter 98% Page 11 of 13 Page 108 of 339 EMC V LABS, INC. Laboratory Report 9830 S.51st Street,Suite B109, Phoenix, Az 85044 0334448 Phone: 800.362-3373 or 480-940-5294-t=ax:(480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#I P.O. M 25-29918A Address: 803 RICKER ST. Date Received: 07/10/2025 WATERLOO, IA 50703 Date Analyzed: 07/11/2025 Collected: 07/09/2025 Date Reported: 07/11/2025 Project Name: 310 UPLAND STREET-WATERLOO, IA Submitted By: JAY LLEWELLYN Address: Collected By: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334448-028 OLD KITCHEN AREA LAYER 1 No None Detected 26A Ceramic Tile,Brown Gypsum Quartz Non-Fibrous Binder/Filler 100% LAYER 2 No None Detected Grout,Black Gypsum Quartz Carbonates Non-Fibrous Binder/Filler 100% LAYER 3 No None Detected Cellulose Fiber 1% Ceramic Tile Adhesive,Black Carbonates Note:Very small amount of Gypsum Adhesive Non-Fibrous BinderlFiller 99% 0334448-029 SW OFFICE OF Carpet Adhesive,Yellow/Black No None Detected 27 MAIN ENTRY Carbonates Gypsum Non-Fibrous Binder/Filler 100% 0334448-030 MAIN ENTRY- LAYER 1 No None Detected Synthetic Fiber 90% 28 MIDDLE WEST Carpet,Multi-Color/Green OFFICE Carbonates Non-Fibrous BinderlFiller 10% LAYER 2 No None Detected Synthetic Fiber 2% Carpet Adhesive,Blue Carbonates Gypsum Non-Fibrous Binder/Filler 98% Page 12 of 13 Page 109 of 339 EMC LABS, INC. Laboratory Report 9830 S.51st Street,Suite 8109, Phoenix, AZ 86044 0334448 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Anal is-by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#/P.O. #: 25-29918A Address: 803 RICKER ST. Date Received: 07110/2025 WATERLOO, IA 50703 Date Analyzed: 07/1112025 Collected: 07/09/2025 Date Reported: 07/11/2025 Project Name: 310 UPLAND STREET-WATERLOO, IA Submitted By: JAY LLEWELLYN Address: Collected By: EPA Method: App•E to Sub.E of 40 CFR Pari 763 and EPA/600/R-93 Lab ID Sample Layer Name! Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334448-031 INTERIOR Window Glazing,Black No None Detected 29 Carbonates Quartz Non-Fibrous Binder/Filler 100% Analyst- Kurt Kettler tgnatory-La anag -Johann Hofer Distinctly stratified,easily separable layers of samples are analyzed as subsamples of the whole and are reported separately for each discernible layer.All analyses are derived from calibrated visual estimate and measured in area percent unless otherwise noted.The report applies to the standards or procedures identified and to the sample(s)tested.The test results are not necessarily Indicative or representative of the qualities of the lot from which the sample was taken or of apparently identical or similar products,nor do they represent an ongoing quality assurance program unless so noted.This report is for the exclusive use of the addressed client and will not be reproduced wholly or in part for advertising or other purposes over our signature or in connection with our name without special written permission.The report shall not be reproduced except in full,without written approval by our laboratory. The samples not destroyed in testing are retained a maximum of sixty days.The laboratory measurement of uncertainty for the test method is approximately less than t by area percent.Accredited by the National Institute of Standards and Technology,Voluntary Laboratory Accreditation Program for selected test methods)for asbestos.The Client/Customer supplies the following information for this report:The Project Name,Address,Collection DatelTime,Sample Collector,Job/PO Number,Client Sample Identification and Sample Location.The accreditation or any reports generated by this laboratory in no way constitutes or implies product certification,approval,or endorsement by the National Institute of Standards and Technology.The report must not be used by the client to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government. Page 13 of 13 Page 110 of 339 3. EMC LABS, INC. Laboratory Report 9830 S.61st Street,suite B109, Phoenix, Az 85044 0334608 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#/P.O. M 25-29918 Address: 803 RICKER ST. Date Received: 07/14/2025 WATERLOO, iA 50703 Date Analyzed: 07/15/2025 Collected: 07/11/2025 Date Reported: 07/15/2025 Project Name: 310 UPLAND-WATERLOO, lA Submitted By: JAY LLEWELLYN Address: Collected By: EPA Method: App,E to Sub.E of 40 CFR Part 763 and EPAi6001R-93 Lab ID Sample Layer Name I Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334608-001 ROOMS BETWEEN Wall Texture,White No None Detected 30 SW R NW WINGS Carbonates Perlite Non-Fibrous Binder[Filler 100% 0334608-002 SW LIVING-SE LAYER 1 No None Detected 31 ROOM BATHROOM Wall Adhesive,Yellow AREA Carbonates Perlite Nan-Fibrous BinderfFiller 100% LAYER 2 No None Detected Skim Coat,White Carbonates Perlite Non-Fibrous Binder/Filter 100% 0334608-003 SW WING-SE LAYER 1 No None Detected Cellulose Fiber 15% 32 ROOM BATHROOM Sheet Flooring,White Fibrous Glass 5% AREA Carbonates Quartz Non-Fibrous Binder/Filler 80% LAYER 2 No None Detected Cellulose Fiber 1% Mastic,Cream Carbonates Quartz Non-Fibrous Binder/Filler 99% Page 1 of 3 Page 111 of 339 EMC LABS., INC. Laboratory Report 9830 S.51st Street,Suite B109, Phoenix, AZ 85044 0334608 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Lipht Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O. M 25-29918 Address: 803 RICKER ST. Date Received: 07/1412025 WATERLOO, IA 50703 Date Analyzed: 07115/2025 Collected: 07/11/2025 Date Reported: 07115/2025 Project Name: 310 UPLAND-WATERLOO, IA Submitted By: JAY LLEWELLYN Address: Collected By: EPA Method: APp•E to Sub.E of 40 CFR Part 763 and EPA16001R-93 Lab 1D Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334608-004 SW WING-SE ROOM LAYER 1 No None Detected 33 12"x112"Floor Tile,Pink Carbonates Quartz Non-Fibrous Binder/Filler 100% LAYER 2 Yes Chrysotile 5% Mastic, Black Carbonates Quartz Non-Fibrous Binder/Filler 95% 0334608-005 SW RING-NE LAYER 1 No None Detected 34 BATHROOM Drywall Compound,White Note:No Drywall Present Carbonates Quartz Non-Fibrous BinderlFiller 100% LAYER 2 No None Detected Texture/Paint,White Carbonates Perlite Non-Fibrous Binder/Filler 100% 0334608-006 SW RING-NW LAYER 1 No None Detected 35 ROOM BATHROOM Wall Adhesive,Yellow ARF=A Carbonates Quartz Non-Fibrous Binder/Filler 100% LAYER 2 No None Detected Skim Coat,White Carbonates Quartz Non-Fibrous Binder/Filler 100% Page 2 of 3 Page 112 of 339 EMC LABS, INC. Laboratory Report 9830 S.51st Street,Suite B109, Phoenix, AZ 85044 0334608 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O. #: 25-29918 Address: 803 RICKER ST. Date Received: 07114/2025 WATERLOO, IA 50703 Date Analyzed: 07/15/2025 Collected: 07/11/2025 Date Reported: 07/15/2025 Project Name: 310 UPLAND-WATERLOO, IA Submitted By: JAY LLEWELLYN Address: Collected By: EPA Method: App.E to Sub.E o(40 CFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Dame 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334608-007 THROUGHOUT Concrete Ceiling,White!Gray No None Detected 36 Carbonates Periite Non-Fibrous Binder/Filler 100% 0334608-008 THROUGHOUT Concrete Ceiling,White/Gray No None Detected 37 Carbonates Pedite Non-Fibrous Binder/Filler 100% 0334608-009 THROUGHOUT Concrete Ceiling,White/Gray No None Detected 38 Carbonates Perlite Non-Fibrous 13inder/Filler 100% Analyst- Matt Kettler Signatory-Lab Director-Kurt Kettler Distinctly stratified,easily separable layers of samples are analyzed as subsamples of the whole and are reported separately for each discernible layer.All analyses are derived from calibrated visual estimate and measured in area percent unless otherwise noted.The report applies to the standards or procedures identified and to the sample(s)tested.The test results are not necessarily indicative or representative of the qualities of the lot from which the sample was taken or of apparently identical or similar products,nor do they represent an ongoing quality assurance program unless so noted.This report is for the exclusive use of the addressed client and will not be reproduced wholly or in part for advertising or other purposes over our signature or in connection with our name without special written permission.The report shall not be reproduced except in full,without written approval by our laboratory. The samples not destroyed in testing are retained a maximum of sixty days.The laboratory measurement of uncertainty for the test method is approximately less than 1 by area percent.Accredited by the National Institute of Standards and Technology,Voluntary Laboratory Accreditation Program for selected test method(s)for asbestos.The Client/Customer supplies the following information for this report:The Project Name,Address,Collection Dale/Time,Sample Collector,.lob/PO Number,Client Sample Identification and Sample Location.The accreditation or any reports generated by this laboratory In no way constitutes or implies product certification,approval,or endorsement by the National Institute of Standards and Technology.The report must not be used by the client to claim product certification,approval,or endorsement by NVt AP,MST,or any agency of the Federal Government. Page 3 of 3 Page 113 of 339 Page 114 of 339 0 0 0 v C O 61 O O O O7 N O y7 d O O •O •O O O to o o a o a !`l Vl N N N N N �' o o }' 0 0 0 0 }' L o y QS � O o 0 o t O o 0 o O O d+ (� o Z' o �' �' �' �' Z' 0 0 o O O N O o O Q o o a N U � �' N V _rn d O 'G cl t .0 .0 .0 .0 O O o V o o o O o o O O o O G! U U U U U U a a a c o 0 0 0 oo U c �' h o o e a o e N o U o o a V Ci a v V N 1n Mm MW) o O o O O O o a O e U-) IO Ill O m � o o Ilf M C a Me M L .o •0 -o 'o -o v v -o v -a a qo7o -O m - v -O l -o -o o o o o O o o 0 o O O o O p U O O O O O O O O o o O O O O O O O O O O O O o 0 0 a 0 01 al a) tT cn 01 01 0) O1 t7� aI aI 0I 01 cm I) 0) 0) 0) 0) r i i 3 U c mCL a, �3 � 3 � ^` Y W U C O U m o w d N m 0 C c a m -a jr N t-- o 0 o E w w O (� � n w 0 v a� uj o V E o O cA °' °1 `m o E c O f` E ea E p N c J p ro o m O c i p J y O C y C C C CU N O O co a _0 m Y L d O {n u y Y a+ v Oo E m m = c o, E s O E O a O � w n �a = ar � m E o E E � � — � � tr as ° E a--I m ... 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Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET (EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/6001R-93 Lab ID Sample Layer dame 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334499-001 Window Caulk,White No None Detected EX1 Silicone Non-Fibrous Binder/Filler 100% 0334499-002 Tar,Gray/Black Yes Chrysotile 5% EX2 Carbonates Quartz Non-Fibrous Binder/Filler 95% 0334499-003 Seam Caulking,Beige/Off White No None Detected Talc 1% EX3 Carbonates Quartz Non-Fibrous Binder/Filler 99% 0334499-004 Tar,Gray/Black Yes Chrysotile 5% EX4 Carbonates Quartz Non-Fibrous BinderlFiller 95% 0334499-005 Window Caulk,Gray Yes Chrysotile 3% EX6 Carbonates Quartz Non-Fibrous Binder/Filler 97% 0334499-006 Caulk,Gray Yes Chrysotile 3% EX7 Carbonates Quartz Non-Fibrous Binder/Filler 97% Page 1 of 18 Page 117 of 339 EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite 13109, Phoenix, AZ 85044 0334499 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopv NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O.M 25-29918A Address: 803 RICKER ST. Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET (EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: App.E to Sub.E of 40 GFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Hon-Asbestos Client ID Location Sample Description Detected N Constituents 0334499-007 Door Caulk,Off White/Gray Yes Chrysotile 3% EX8 Carbonates Quartz Nan-Fibrous Binder/Filter 97% 0334499-008 Caulk,Off White/White Yes Chrysotile 5% EX9 Carbonates Quartz Non-Fibrous Binder/Filler 95% 0334499-009 Duct Caulk,Gray No None Detected EX10 Carbonates Quartz Non-Fibrous Binder/Filler 100% 0334499-010 Exterior Caulk,White No None Detected Talc f% EX11 Carbonates Quartz Non-Fibrous Binder/Filler 99% 0334499-011 Seam Caulking,White No None Detected Talc 1% EX12 Carbonates Quartz Non-Fibrous Binder/Filler 99% Page 2 of 18 Page 118 of 339 EMC LABS, INC. Laboratory Report 9830 S.51st Street,Suite 13109, Phoenix, AZ 85044 0334499 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulls Asbestos Analysis by Polarized Light Microsco NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#/P.O. #: 25-29918A Address: 803 RICKER ST. Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET (EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected (%) Constituents 0334499-012 LAYER 1 yes Chrysotile 5% EX13 Tar,Gray!Black Carbonates Quartz Non-Fibrous Binder/Filler 95% LAYER Yes Chrysotile 2% Talc 1% Caulk,White/Off White Carbonates Quartz Non-Fibrous Binder/Filler 97% 0334499-013 LAYER 1 No None Detected EX14 Seam Caulking,White/Lt,Gray Silicone Quartz Non-Fibrous 8inderlFiller 100% LAYER 2 No None Detected Plaster-Scratch Coat,Beige/Gray Quartz Gypsum Nan-Fihmus Binder/Filler 100% Page 3 of 18 Page 119 of 339 EMC r LABS., INC.C„ laboratory Report 9830 S.51st Street,Suite B109, Phoenix, AZ 85044 0334499 Phone: 800-362-3373 or 480-940-5294 -Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O.#: 25-29918A Address: 803 RICKER ST. Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET (EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: App,E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334499-014 LAYER 1 No None Detected Fibrous Glass 20% EX15 Roof Felt,Gray!Black Carbonates Quartz Non-Fibrous Binder/Filler 80% LAYER 2 No None Detected Fibrous Glass 40% Roof Felt,Black Carbonates Quartz Non-Fihrous Binder/Filler 60% LAYER 3 No None Detected Cellulose Fiber 40% Roof Felt,Black Carbonates Gypsum Non-Fibrous Binder/Filler 60% LAYER 4 No None Detected Cellulose Fiber 95% Roof Felt, Brown Carbonates Gypsum Non-Fibrous Binder/Filler 5% 0334499-015 LAYER 1 Yes Chrysotile 5% Fibrous Glass 20% EX16 Gravel Stop Roof,Gray/Black Carbonates Quartz Non-Fibrous Binder/Filler 75% LAYER 2 No None Detected Fibrous Glass 30% Gravel Stop Roof,Black Carbonates Quartz Non-Fihrous Binder/Filler 70% Page 4 of 18 Page 120 of 339 i I INC.EMC LABS, NLaboratory Report 9830 S.51st Street,Suite B109, Phoenix, Az 85044 0334499 Phone: 800-362-3373 or 480-940-5294-Fax:(480)893-1726 Bulk Asbestos Analysis by Polarized Licht Miicroscopy, NVLAP4101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O.#: 25-29918A Address: 803 RICKER ST. Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET(EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: App.E to Sub,E of 40 CFR Part 763 and EPA/6001R-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334499-016 LAYER 1 No None Detected Fibrous Glass 20% EX17 Roof Flashing Felt,Grayl Black Carbonates Quartz Non-Fibrous Binder/Filler 80% LAYER 2 No None Detected Fibrous Glass 30% Roof Flashing Felt,Black Carbonates Quartz Non-Fibrous Binder/Filler 70% LAYER 3 No None Detected Fibrous Glass 30% Roof Flashing Felt,Black Carbonates Quartz Non-Fibrous Binder/Filler 70% LAYER 4 No None Detected Cellulose Fiber 95% Roof Flashing Felt,Brown Carbonates Gypsum Non-Fibrous Binder/Filler 5% 0334499-017 LAYER 1 No None Detected EX19 Roof Paint,Silver Carbonates Quartz Non-Fibrous Binder/Filler 100% LAYER 2 No None Detected Cellulose Fiber 3% Roof Tar,Black Carbonates Quartz Non-Fibrous Binder/Filler 97% Page 5 of 18 Page 121 of 339 EMC LABS, INC, Laboratory Report 9830 S.61st:Street,Suite 8109, Phoenix, AZ 85044 0334683 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#/P.O. #: 25-29918 Address: 803 RICKER ST. Date Received: 07/15/2025 WATERLOO, IA 50703 Date Analyzed: 07116/2025 Collected: 07/14/2025 Date Reported: 07/16/2025 Project Name: RESIDENCE-310 UPLAND STREET- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: App.E to SUb.E of 40 CFR Part 763 and EPA/600IR-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client 1D Location Sample Description Detected N Constituents 0334683-001 Tar,Black/Gray No None Detected 31OUEX-18 Carbonates Quartz Non-Fibrous Binder/Filler 100% Analyst- Ryan McDonough Signatory-Lab Director-Kurt Kettler Distinctly stratified,easily separable layers of samples are analyzed as subsamples of the whole and are reported separately for each discernible layer.All analyses are derived from calibrated visual estimate and measured in area percent unless otherwise noted.The report applies to the standards or procedures identified and to the sample(s)tested.The test results are not necessarily indicative or representative of the qualities of the tot from which the sample was taken or of apparently Identical or similar products,nor do they represent an ongoing quality assurance program unless so noted.This report is for the exclusive use of the addressed client and will not be reproduced wholly or in part for advertising or other purposes over our signature or in connection with our name without special written permission.The report shall not be reproduced except in full,without written approval by our laboratory. The samples not destroyed in testing are retained a maximum of sixty days.The laboratory measurement of uncertainty for the test method is approximately less than 1 by area percent.Accredited by the National Institute of Standards and Technology,Voluntary Laboratory Accreditation Program for selected test method(s)for asbestos.The Client/Customer supplies the fallowing information for this report:The Project Name,Address,Collection Date/Time,Sample Collector,Job/Po Number,Client Sample Identification and Sample Location.The accreditation or any reports generated by this laboratory in no way constitutes or implies product certification,approval,or endorsement by the National Institute of Standards and Technology.The report must not be used by the client to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government. Page 1 of 1 Page 122 of 339 EMC LABS, INC. Laboratory Report 9830 S.51st Street,Suite 8109, Phoenix, AZ 85044 0334499 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O.M 25-29918A Address: 803 RICKER ST. Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET(EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method. App.E to sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334499-018 LAYER 1 No None Detected Fibrous Glass 20% EX20 Roof Flashing Felt,Gray/Black Carbonates Quartz Non-Fibrous Binder/Filler 80% LAYER 2 No None Detected Fibrous Glass 30% Roof Flashing Felt,Black Carbonates Quartz Non-Fibrous Binder/Filler 70% LAYER 3 No None Detected Cellulose Fiber 40% Roof Flashing Felt,Black/Brown Carbonates Gypsum Non-Fibrous BinderlFiller 60% LAYER 4 No None Detected Cellulose Fiber 95% Roof Flashing Felt,Brown Carbonates Gypsum Non-Fibrous BinderlFiller 5% 0334499-019 Caulk,Gray/Stack No None Detected EX21 Carbonates Quartz Non-Fibrous Binder/Filler 100% 0334499-020 Tar,Gray/Black No None Detected Cellulose Fiber 1% EX22 Carbonates Quartz Non-Fibrous Binder/Filler 99% Page 6 of 18 Page 123 of 339 EMC LABS, INC. Laboratory Report 9830 S. 51st Street, Suite 8109, Phoenix, AZ 85044 0334499 Picone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#/P.O. M 25-29918A Address: 803 RICKER ST. Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET(EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: ARp•E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334499-021 LAYER 1 No None Detected Cellulose Fiber 20% EX23 Gravel Stop Roof,Gray/Black Carbonates Quartz Non-Fibrous Binder/Filler 80% LAYER 2 No None Detected Cellulose Fiber 40% Gravel Stop Roof, Black Carbonates Gypsum Non-Fibrous Binder/Filler 60% LAYER 3 No None Detected Cellulose Fiber 40% Gravel Stop Roof, Black Carbonates Quartz Non-Fibrous Binder/Filler 60% LAYER 4 No None Detected Cellulose Fiber 95% Gravel Stop Roof,Brown Cafbooates Gypsum Non-Fibrous Binder/Filler 5% 0334499-022 Tar,Black No None Detected EX24 Carbonates Quartz Non-Fibrous Binder/Filler 100% 0334499-023 LAYER 1 Yes Chrysotile 5% EX25 Tar,Gray/Black Carbonates Quartz Nan-Fibrous Binder/Fitter 95% LAYER 2 No None Detected Cellulose Fiber 1% Tar,Black Carbonates Quartz Non-Fibrous Binder/Filler 99% Page 7 of 18 Page 124 of 339 EMC LABS: INC. Laboratory Report 9830 S.51st Street,Suite B109, Phoenix, AZ 85044 0334499 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microsco NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O. M 25-29918A Address: 803 RICKER ST. Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET (EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA1600IR-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334499-024 LAYER 1 Yes Chrysotile 5% EX26 Roof Flashing Felt,Gray!Black Carbonates Quartz Non-Fibrous Binder/Filler 95% LAYER 2 Yes Chrysotile 30% Cellulose Fiber 5% Roof Flashing Felt, Black Carbonates Quartz Non-Fibrous Binder/Filler 65% LAYER 3 Yes Chrysotile 30% Roof Flashing Felt,Black Carbonates Quartz Non-Fibrous Binder/Filler 70% LAYER 4 No None Detected Cellulose Fiber 10% Roof Flashing Felt,Black Carbonates Quartz Non-Fibrous Binder/Filler 90% Page 8 of 18 Page 125 of 339 EMC LABS, INC. Laboratory Report 9830 S.51st Street,Suite B109, Phoenix, AZ 85044 0334499 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O. M 25-29918A Address: 803 RICKER ST. Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET(EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Name f Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334499-025 LAYER 1 No None Detected Fibrous Glass 20% EX27 Roof Felt,Gray/Black Carbonates Quartz Non-Fibrous Binder/Filler 80% LAYER 2 No None Detected Fibrous Glass 40% Roof Felt,Black Carbonates Quartz Non-Fibrous Binder/Filler 60% LAYER 3 No Nona Detected Roof Felt,Lt.Yellow Foam 100% LAYER 4 No None Detected Cellulose Fiber 70% Roof Felt,Beige/Lt.Gray Perlite Carbonates Non-Fibrous Binder/Filler 30% 0334499-026 Cau%Gray Yes Chrysotile 5% EX28 Carbonates Quartz Non-Fibrous Binder/Filler 95% Page 9 of 18 Page 126 of 339 EMC LABS, INC. Laboratory Report 9830 S. 51st Street,Suite B109, Phoenix, AZ 85044 0334499 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O. M 25-29918A Address: 803 RICKER ST. Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET (EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334499-027 LAYER 1 Yes Chrysotile 5% EX29 Roof Flashing,Gray/Black Carbonates Quartz Non-Fibrous Binder/Filler 95% LAYER 2 Yes Chrysotile 300/0 Fibrous Glass 5% Roof Flashing,Black/Brown Carbonates Quartz Non-Fibrous Binder/Filler 65% LAYER 3 Yes Chrysotile 30% Fibrous Glass 5% Roof Flashing, Black!Brown Carbonates Quartz Non-Fibrous Binder/Filler 65% LAYER 4 Yes Chrysotile 30% Fibrous Glass 5% Roof Flashing,Black/Brown Carbonates Quartz Non-Fibrous BinderlFiller 65% Page 10 of 18 Page 127 of 339 EMC LABS, INC. Laboratory Report 9830 S.51st Street,Suite B109, Phoenix, AZ 85044 0334499 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microsco NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O.#: 25-29918A Address: 803 RICKER ST. Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET (EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Sample layer Mame 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334499-028 LAYER 1 Yes Chrysotile 5% EX30 Gravel Stop Roof,Gray/Black Carbonates Quartz Non-Fibrous BinderfFiller 95% LAYER 2 Yes Chrysotile 3% Gravel Stop Roof,Black Carbonates Quartz Non-Fibrous Binder/Filler 97% LAYER 3 No None Detected Gravel Stop Roof, Black Carbonates Quartz Non-Fibrous Binder/Filler 100% LAYER 4 No None Detected Cellulose Fiber 70% Gravel Stop Roof,Beige!Lt. Perlite Brown Carbonates Non-Fibrous Binder/Filler 30% Page 11 of 18 Page 128 of 339 EMC LABS, INC. Laboratory Report 9830 S.51st Street,Suite B109, Phoenix, AZ 85044 0334499 Phone: 800-362-3373 or 480-940-5294-Fax:(480)893-1726 Bulk s estos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.o.#: 25-29918A Address: 803 RICKER ST. Date Received 07/1112025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET(EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, lA Collected By: Address: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334499-029 LAYER 1 No None Detected EX31 Rolled Roofing,Off White[Gray/ Black Carbonates Quartz Non-FibrousBinder/Filler 100% LAYER 2 No None Detected Fibrous Glass 3% Rolled Roofing,Black Carbonates Quartz Non-Fibrous Binder/Filter 97% LAYER 3 No None Detected Fibrous Glass 5% Rolled Roofing,Black Carbonates Quartz Non-Fibrous Binder/Filter 95% LAYER 4 No None Detected Cellulose Fiber 70% Rolled Roofing,Beige/Lt.Brown Perftte Carbonates Non-Fibrous BinderlFiller 30% 0334499-030 LAYER 1 No None Detected Fibrous Glass 5% EX32 Rolled Roofing,Grayl Black Carbonates Quartz Non-Fibrous Binder/t=iller 95% LAYER 2 No None Detected Fibrous Gass 5% Rolled Roofing,Gray/Black Carbonates Quartz Non-Fibrous Binder/Filler 95% LAYER 3 No None Detected Fibrous Glass 15% Rolled Roofing,Gray]Black Carbonates Quartz Non-Fibrous Binder/Filler 85% Page 12 of 18 Page 129 of 339 EMC LABS, INC. Laboratory Report 9830 S.51st Street Suite B109 Phoenix AZ 85044 0334499 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926.0 Client: ADVANCED ENVIRONMENTAL Job#I P.O. M 25-29918A Address: 803 RICKER ST. Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET(EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: App•E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab 1D Sample Layer Name ! Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334499-031 Rolled Roofing/Tar,Gray/Beige No None Detected EX33 Carbonates Quartz Nan-Fibrous Binder/Filler 100% 0334499-032 LAYER 1 No None Detected Fibrous Glass 5% EX34 Roof Felt,Gray/Black Carbonates Quartz Non-Fibrous Binder/Filler 95% LAYER 2 No None Detected Cellulose Fiber 95% Roof Felt,Beige/Tan Gypsum Non-Fibrous Binder/Filler 5% 0334499-033 LAYER 1 No None Detected Cellulose Fiber 1% EX35 Painl,Silver Carbonates Quartz Non-Fibrous Binder/Filler 99% LAYER 2 Yes Chrysotile 3% Tar,Black Carbonates Quartz Non-Fibrous Binder/Filler 97% Page 13 of 18 Page 130 of 339 EMC LABS, INC. Laboratory Report 9830 S.51st Street,Suite B109, Phoenix, AZ 85044 0334499 Phone: 800-362-3373 or 480-940-5294-Fax:(480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#I P.O.M 25-29918A Address: 803 RICKER ST. Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET (EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/600113-93 Lab ID Sample Layer Name! Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334499-034 LAYER 1 No None Detected Cellulose Fiber 1% EX36 Roof Flashingl Paint,Silver/Black Carbonates Quartz Non-Fibrous Binder/Filler 99% LAYER 2 No None Detected Cellulose Fiber 5% Roof Flashing,Black Carbonates Quartz Non-Fibrous Blnder/Filler 95% LAYER 3 No None Detected Cellulose Fiber 1% Roof Flashing,Black Carbonates Quartz Non-Fibrous Binder/Filler 99% LAYER 4 No None Detected Cellulose Fiber 95% Roof Flashing,Beige/Tan Gypsum Non-Fibrous Binder/Filler 5% 0334499-035 Roof Tar,Black No None Detected EX37 Carbonates Quartz Non-Fibrous Binder/Filler 100% 0334499-036 Roof Tar,Black No None Detected Fibrous Glass <1% EX38 Carbonates Quartz Non-Fibrous Binder/Filler 99% 0334499-037 Roof Tar,Gray No None Detected EX39 Carbonates Quartz Non-Fibrous Binder/Filler 100% Page 14 of 18 Page 131 of 339 FMC LABS, INC. Laboratory Report 9830 S.51st Street,Suite B109, Phoenix, AZ 85044 0334499 Phone: 800-362-3373 or 480-940-5294-Pax:(480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O.M 25-29918A Address: 803 RICKER ST. Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET(EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Name! Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334499-038 LAYER 1 No None Detected Fibrous Glass 115% EX40 Roof Flashing,Gray/Black Carbonates Quartz Non-Fibrous Binder/Filler 85% LAYER 2 No None Detected Fibrous Glass 40% Roof Flashing,Black/Brown Carbonates Quartz Non-Fibrous Binder/Filler 60% LAYER 3 No None Detected Fibrous Glass 40% Roof Flashing,Black)Brown Carbonates Quartz Non-Fibrous Binder/Filler 60% LAYER 4 No None Detected Cellulose Fiber 95% Roof Flashing,Beige/Tan Carbonates Gypsum Non-Fibrous Binder/Filler 5% 0334499-039 Caulk,Gray No None Detected EX41 Carbonates Quartz Non-Fibrous Binder/Filler 100% Page 15 of 18 Page 132 of 339 EMC LABS, INC. Laboratory Report 9830 S.51st Street,Suite 8109, Phoenix, AZ 85044 0334499 Phone: 800-362-3373 or 480-940-5294-Fax: (480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O.#: 25-29918A Address: 803 RICKER ST. Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET(EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA16001R-93 Lab ID Sample Layer Name i Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334499-040 LAYER 1 No None Detected Cellulose Fiber 1% EX42 Roof Flashing,Silver/Black Carbonates Quartz Non-Fibrous Binder/Filler 99% LAYER 2 No None Detected Fibrous Glass 30% Roof Flashing,Black Carbonates Quartz Non-Fibrous Binder/Filler 70% LAYER 3 No None Detected Fibrous Glass 30% Roof Flashing,Black Carbonates Quartz Non-Fibrous Binder/Filler 70% 0334499-041 LAYER 1 No None Detected Cellulose Finer 3% EX43 Gravel Stop Roof,Gray/Black Carbonates Quartz Non-Fibrous Binder/Filler 97% LAYER 2 No None Detected Gravel Stop Roof,Black Carbonates Quartz Non-Fibrous Binder/Filler 100% LAYER 3 No None Detected Fibrous Glass 5% Gravel Stop Roof,Black Carbonates Quartz Non-Fibrous Binder/Filler 95% LAYER 4 No None Detected Cellulose Fiber 95% Gravel Stop Roof,Beige/Lt. Gypsum Brown Non-Fibrous Binder/Filler 5% Page 16 of 18 Page 133 of 339 EMC LABS, INC. Laboratory Report 9830 S.51st Street,shite 8109, Phoenix, AZ 85044 0334499 Phone: 800-362-3373 or 480-940-5294-Fax: (484)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O.#: 25-29918A Address: 803 RICKER ST. Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET(EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: App.E to Sub,E of 40 CFR Part 763 and EPA/600/R-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents 0334499-042 LAYER 1 No None Detected EX44 Caulk,White Carbonates Quartz Non-Fibrous Binder/Filler 100% LAYER 2 No None Detected Cellulose Fiber <1% Paint!Caulk,Silver/Black Carbonates Quartz Non-Fibrous Binder/Filler 99% 0334499-043 LAYER 1 No None Detected Fibrous Glass 15% EX45 Root Flashing/Paint,Gray/Black Cellulose Fiber 10% Carbonates Quartz Non-Fibrous Sindar/Filler 75% LAYER 2 No None Detected Fibrous Glass 30% Root Flashing,Black Carbonates Quartz Non-Fibrous Binder/Filler 70% LAYER 3 No None Detected Fibrous Glass 30% Roof Flashing,Black Carbonates Quartz Non-Fibrous Binder/Filler 70% LAYER 4 No None Detected Cellulose Fiber 90% Roof Flashing,Beige/Lt.Gray Perlite Gypsum Non-Fibrous Binder/Filler 10% Page 17 of 18 Page 134 of 339 EMC Lr L/` BS, INC. Laboratory Report 9830 S.51st Street,Suite 8109, Phoenix, AZ 85044 0334499 Phone: 800-362-3373 or 480-940-5294-Fax:(480)893-1726 Bulk Asbestos Analysis by Polarized Light Microscopy NVLAP#101926-0 Client: ADVANCED ENVIRONMENTAL Job#1 P.O.M 25-29918A Address: 803 RICKER ST. Date Received: 07/11/2025 WATERLOO, IA 50703 Date Analyzed: 07/14/2025 Collected: 07/09/2025 Date Reported: 07/17/2025 Project Name: 310 UPLAND STREET(EXTERIOR)- Submitted By: JAY LLEWELLYN WATERLOO, IA Collected By: Address: EPA Method: App.E to Sub.E of 40 CFR Part 763 and EPA/6001R-93 Lab ID Sample Layer Name 1 Asbestos Asbestos Type Non-Asbestos Client ID Location Sample Description Detected N Constituents oe rte,.-•-,---- Analyst- Matt Kettler Signatory-Lab Director-Kurt Kettler Distinctly stratified,easily separable layers of samples are analyzed as subsamples of the whole and are reported separately for each discernible layer.All analyses are derived from calibrated visual estimate and measured in area percent unless otherMse noted.The report applies to the standards or procedures identified and to the sample(s)tested.The test results are not necessarily indicative or representative of the qualities of the lot from which the sample was taken or of apparently identical or similar products,nor do they represent an ongoing qualify assurance program unless so noted.This report is for the exclusive use of the addressed client and will not be reproduced wholly or in part for advertising or other purposes over our signature or in connection with our name without special written permission.The report shall not be reproduced except in full,without written approval by our laboratory. The samples not destroyed in testing are retained a maximum of sixty days.The laboratory measurement of uncertainty far the test method is approximately less than 1 by area percent.Accredited by the National Institute of Standards and Technology,Voluntary Laboratory Accreditation Program for selected test method(s)for asbestos.The Client/Customer supplies the following information for this report:The Project Name,Address,Collection Date/Time,Sample Collector,Job/PO Number,Client Sample Identification and Sample Location.The accreditation or any reports generated by this laboratory in no way constitutes or implies product certification,approval,or endorsement by the National Institute of Standards and Technology.The report must not he used by the client to claim product certification,approval,or endorsement by NVLAP,NIST,or any agency of the Federal Government. Page 18 of 18 Page 135 of 339 l F i f APPENDIX B INSPECTOR LICENSE AND CERTIFICATION Page 136 of 339 I I i JAY LLEWELLYN ; DOB: 05-31-1961 Issued: 04-18-2025 This person is licensed to perform asbestos work in the State of Iowa. 1D card is intended for official use only and must be present on jobsite. License Type Number Expires INSPECTOR 25-13314 04-09-2026 SUPERVISOR 2412596 11-14-2025 Asbestos Larry Johnson, Jr. Labor Commissioner Page 137 of 339 4 QD r Cl\l N CIA l3 CD 0 ® C:) cm ♦� © C:) iaim CD'S' O �A CD r� MOEN v ❑ Oca LD J Q) L •�'. 6' �' L EL �� � - �'� *; •� � U W W U U � o s Q ro pC WX a) Q) ' ;-.- _ a O N 0 CLU w ;p v, v z r N O J . W cc t2 E -� fit• `= u� air 'Q O F- N U aJ � N z to ` E 4w UJ L C .r Z 0) d n m O O 0 v r F� O Z N ttl aIK Page 138 of 339 APPENDIX C PICTURES Page 139 of 339 CL OL O F 0 u � u _I LSI �y k5 �� LLI � 1 CD LTA ~ cl%j cq J LO ro j0 r � Lo LO r I Lp LO Co r r S to Lo LL r , 0ez.) < u e �i Page 140 off 9 C CD ID '�L 0 t �5 F 0 CD ~ FN 0 CA OL Idr cj r {t} Id- CD Lo Ul N L 4 ss u r �, 1 r_ IN ry YN CL C Q 0 x ter_. 2u Page 141 o'219 ` r -.V�5, .Ar Al C .* ` r14 At ` I E 1 �'R. J� S ..,,a.1rl 4�.www lK+✓�i� Page 142 of 339 '� L - Hallway- Throughout-Top Layer- 12"x 12"floor the & mastic- NO ASBESTOS Bottom layer-9"x 9"floor the- 10% Chrysotile-- black mastic-5% Chrysotile Bathrooms - Wall adhesive on plaster/skim coat - NO ASBESTOS -. - ��� .- � of _ i•� r ; Bathrooms - Sheet flooring / mastic - NO ASBESTOS Page 143 of 339 -.1 Resident rooms - 12" x 12" floor tite & mastic - NO ASBESTOS Bottom layer-9"x 9"floor the- 10% Chrysotile-black mastic-5% Chrysotile I _ Wash / work rooms - Ceramic tile/ grout / adhesive - NO ASBESTOS ¢ �+ -4i� �' f G\ � I Wash / work rooms - Ceramic tile/ grout / adhesive -- NO ASBESTOS Page 144 of 339 � t t Wash /workrooms —Vinyl base adhesive --wall texture-- NO ASBESTOS 1 All Ire ,1 1 , I Wash/work rooms--12"x 12"green floor tite/ mastic (under carpeting)—NO ASBESTOS Wash / work rooms -Wall texture /skim coat - NO ASBESTOS Page 145 of 339 c; r Wash I work rooms - Ceramic tile/ grout I adhesive - NO ASBESTOS Glue spots on wall -- NO ASBESTOS Wash / work rooms - Sheet flooring- NO ASBESTOS BLack mastic - 5% Chrysotile Page 146 of 339 i a LAM Vinyl base adhesive - NO ASBESTOS i3 t Wash / work rooms - 12" x 12" floor the / mastic - NO ASBESTOS 9" x 9" floor the -- NO ASBESTOS -Black mastic - 5% Chrysotile RIFE T"MM } 1 _ Wash I work rooms - Ceramic tile/ grout I adhesive - NO ASBESTOS Page 147 of 339 ' 4 G7 Wash / work rooms - Ceramic tile/ grout / adhesive - NO ASBESTOS Wall adhesive - NO ASBESTOS [:awl z ;� 1 ', aa. A t r, .i 7 A' a 2' x 4' ceiling tile -- NO ASBESTOS Page 148 of 339 -S yy it' 4 a Mirrors just had stick tape to adhere to wall Wash /workrooms—(Under carpeting) 12"x 12"floor tile/mastic— NO ASBESTOS 9" x 9" floor tile - 5% Chrysotile - black mastic -- 5% Chrysotile Wash / work rooms - Milkboard adhesive -- NO ASBESTOS Page 149 of 339 Wash / work rooms - Ceramic tile/ grout / adhesive - NO ASBESTOS Black mastic (under ceramic tile) - 5% Chrysotile t - i Wash / work rooms - Wall texture - skim coat - NO ASBESTOS es _ ,jam� - •,. srrt piS Wash / work rooms - 2' x 2' ceiling tile -- NO ASBESTOS Page 150 of 339 r. Basement -- Had all fiberglass lines and tank insulation Basement — Fiberglass ..f. � • i Pipe coating on fiberglass lines - NO ASBESTOS Page 151 of 339 y+ � _"moi_ 1 ! � '' +`• � ' f Basement —Washer / dryer area y- 9 r ` / l S f x i Basement —Washer Dryer Area — Drywall JC — NO ASBESTOS Nd rx i J ;r, i Front (South) Office area —Texture on drywall — NO ASBESTOS Page 152 of 339 dc. I l Kitchen Area - Ceramic floor tile/ grout / adhesive - NO ASBESTOS SE Area was concrete and CMU walls r South (Main Entry) Area - three colors of 12" x 12" floor the Yellow mastic - NO ASBESTOS Page 153 of 339 r SW Office in Main entry area /yellow/black carpet adhesive— NO ASBESTOS i i 4 Main Entry - West Office — Carpet adhesive — NO ASBESTOS �` �I • 40 • Interior windows — Black window glazing— NO ASBESTOS Page 154 of 339 5 r � -_ 31 ''X+ ✓ `, r� l� :: yi III l t 1 r 'yi • t 1F4 _ 1 Wash / workrooms -Wall texture - skim coat - NO ASBESTOS w Resident bathroom's -Wall adhesive on skim coat - NO ASBESTOS . • i J . Resident bathroom's - Sheet flooring / mastic - NO ASBESTOS Page 155 of 339 - Cr a` Wash / work rooms - 12" x 12" floor the - NO ASBESTOS Black mastic - 5% Chrysotile i JJ 1 .J ` Drywall with texture - NO ASBESTOS f Area has a lot of mold Page 156 of 339 Resident bathrooms -Wall adhesive on skim coat - NO ASBESTOS Page 157 of 339 Page 158 of 339 SM I JI �1f Resident • • i rASBESTOS rl+' Resident Wings BLack/grey I I 1 , Chrysotile i! • • area — Seam caulk in • ASBESTOS Page of 339 �• -.. �` 4 I VIII R.x .-Z •��`.dam +i rr ,`� ��Y ��-'� � k 1 s as=h , Resident Wings (SW)- Black/grey tar at ends - 5% Chrysotile ;Ooppp- 31 _ I-_ lA Main entry (South) wing- Window caulk - 3% Chrysotile Ex Tt4. J 7/�• 1 < r lIf'r � ] Main entry (South) wing (top)-Window caulk - 3% Chrysotile Page 160 of 339 Main Entry- South End - East side door- Caulk- 3% Chrysotile Main Entry - South End - North side door- Caulk- 5% Chrysotile rrTT A ' ,ti s � it<— �'�°� •4��Y;'` `, _ - `v; Main Entry - East side - Caulk on duct - NO ASBESTOS Page 161 of 339 Main Entry— East side -- Caulk on duct - NO ASBESTOS ■t 01071Y im <� ; -- SE AREA - Seam caulking-- NO ASBETOS J3 'S5Y I 3 1 f - 3�4ue Resident Wings (SE)-- Black/grey tar at ends -- 5% Chrysotile White caulk - 2% Chrytsotile Page 162 of 339 it 41 Center section — Seam caulk— NO ASBESTOS f t '-1 1 y>lFlsXL rk2 to i t4a� I +�yr� tI'�,-.v• .y �s ����� 4i `x - ��. .�_n�`va� ?�Y fF�,�}1� 1NX Typical Wing Roof (SW,NW,N,NE,SE) Roofs Page 163 of 339 rte' •��}..- i: �r _ - •f}i. 1 fr W � r 4,.Y,'�� P sem'+�- s �Y - r' �. Il tl-efgyF3• �.�,,r��; rr �7^-�^/9�k�,�,�■c �! � i 1 sz ��i yLeAf ' •r ' ri'Y � § vF���H 3r1}' t om?iir�7 Roof felts - NO ASBESTOS r v • � it � w'" •7+7+' l u � �::y�yz,4���}� j�''��. .� r�:� t ' - ��Y .. 'r � ����'.���• s� fir:-,�.1 aY�� � Roof perimeter- Gravel stop - 5% Chrysotile 1 $ � A �. .' { EI'-jYrah C•' -t�. Roof unit flashing- NO ASBESTOS Page 164 of 339 �r S mfr* .fir f�'r'y�'�g�c�'�• �*'�"�`t1 S, ti ��•z.5�ss� 7'� Tar on circular roof vents - NO ASBESTOS ( i - l 3 Roof tar on roof units - NO ASBESTOS 'R-`' 43 rY l \ � ,\. � � *ff'' �• E t`A-•sl-Y'K�1� `^j'�t y.�y L' FJs2 ��� ���]l��`_ '{�'' •7`.al� ��+.�• �� '��;' - t f- �-ter; �, t�g`=ti � �� �``1 Roof flashing where roof line meets brick- NO ASBESTOS Page 165 of 339 J Caulk on top of metaIf lashing cap cover on brick - NO ASBESTOS lie {yY( Jy`�s.71���' -����. !,r � ��t�". ;s {{�Ffa`�+ { J�' )-!t?i t.'�C't x+�'1 � 3• r+ - a •�` � �7" `� sem, yi I���rt �� fir.. �,�? t6;�u� � ,r ;_�; [�'-�• -`"' -.�+,k���,-73•€t'f�s5� ++�' ' �!k+'�� r} 1_ -;�'`, i '£E "'s.�ti•=1`r�--ee II a A,}','� ..�� { - S' +T Middle area roof Page 166 of 339 P- s�ti - 7 �7[ � M t L y ' .ter �•, � 1i1�" RIONt�-;- �ir'•• A'•;gyp-k.%- �• � x ��s .altit f . Y 4 •ji ` .Q: .. �;y,3�Y`1'�4;!F`��Ci�-'�'_ _ :t3lfi•;yi,'� t%���Li 1 ,C�f � F th�t•.� � .fir �7 - -`•,} °Y '"�-- .}�. k 4r . !- 1 ei� r, yc v`y/. i Tar on circular vents - NO ASBESTOS Rry- VJ- �,•-1•- j r - �r� r � - JAS-i.+°"Fl i Tar on square vents - 5% Chrysotile ,t � l Center roof - Roof flashing on skylights -- 5% to 30% Chrysotile Page 168 of 339 +��, +yk+ �`• I�{` .,r3• �{•3 �,p SSE�t ���i*+,.f �'� �� i f; •x:?�� ,�,s.C,',�+F 'est' {� �`' �+f. r Center roof - Roof felts - NO ASBESTOS t Center roof- White caulk on sky lights - 5% Chrysotile Y �t, �. y s s:ti o� ���`•t.i� ilk z��� t Center roof - Unit roof flashing- 5% to 30% Chrysotile Page 169 of 339 %'. 70 a� Center roof- Gravel stop - 3% to 5% Chrysotile �� Z ",..'r ���5 76 :.'�; STT•S's y r � - — �r� 2 5 Vis' ti} 17. South Canopy roof- (East) - Rolled roofing - NO ASBESTOS ME -FAY 2 8 wt7, MU C�'"a_�.����ffi�`�is4� iv{ t;y �Y i ,y im�r-+fir �C��"�•s.-���;� AM f ' { a — — �s.��y- .4 SIU y. T South Canopy roof- (West) - Rotted roofing- NO ASBESTOS Page 170 of 339 C � • �i �� i1r • f •� l.� I r !ilaCf it 21. .41 •'� � ."��� ".,' " ►fes •'a s �`� 1'jS �� ;;�ti Rai•t`L-a . 1` �R�� fi��"'Y _f it - i • Fill I• o • i ai .. : I t 11 ' $r s _ 1 - ...: `- mks "^i •' . aS� _t- ' tI r i �r ':�'s'/1•r �. '�/ �a=7��:yam ,:L�F.�;Y � �a• �7,1 Y� - w r� .. , ss `� •,�1;,s . iy+ghti ,�-�"_ext' TA is. 1 `f �% � ���p ti -�o't `�ii,;•�4{��- i�Eu�a2�'S'�-' • i • sealy • i • ;of ! =5�,�'�r:.� _ �� -'`ii •a'}n's. Sof, ,I�a,'�P ��;C �ray `ad.►} �. � •4,fi r F 4���i o �•y y � ���;�Ox.L; t..7.•��r:�i��! .f�'.'a°,�-Y -_ e r. - '�'--TT-�-r4.� V '.i• /•f y1r • 'C3 Lh { �i l Tif .F S. `1 •ti + +}♦ \•.• v;' � fes;� ^r sy -" j. � ;��•C` i� l�+��r'��r i±tii •►• '�- r✓fir t ' �5 .� s :se yY,��-�-+�' "�.�: �•:��t � .• y' r ,fir �- t ;� v „� d+,. ,; a � '• „ 9 ��`4. 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'Rac.'� - • s• ! j s.��,�� d �/,•.-•til;r��-- A'R'V_ said �� • `A.� � •7 r ' 5'`{ ■ r ��i�}� sry m ~,Z�. �' �` •y it �.y i+�� „� � of t • • - • • • • • • r • op CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer August 18, 2025 Engineering Department AGENDA ITEM TITLE Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 4, 2025, and date of public hearing as September 15, 2025, in conjunction with the FY 2026 Sidewalk Repair Assessment Program - Zone 5A, Contract No. 1127, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Sergeant Road (US Hwy 63) - W. Ridgeway Avenue - Kimball Avenue - South City Limits - Sergeant Road (US Hwy 63). NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Homeowner assessments ALTERNATIVE ACTION LEGAL DESCRIPTION Page 176 of 339 ATTACHMENTS None Page 177 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Jamie Knutson, City Engineer August 18, 2025 Engineering Department AGENDA ITEM TITLE Resolution setting date of public hearing as September 15, 2025, to approve proposed repairs, in conjunction with the FY 2026 Sidewalk Inspection and Repair Program — Zone 5A, and approve a request to send out notification to property owners of proposed sidewalk repairs and estimate of costs, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Sergeant Road (US Hwy 63) - W. Ridgeway Avenue - Kimball Avenue - South City Limits - Sergeant Road (US Hwy 63). NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Property Owner Assessments ALTERNATIVE ACTION LEGAL DESCRIPTION Page 178 of 339 ATTACHMENTS None Page 179 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Randy Bennett, Public Works Division Manager August 18, 2025 Public Works Department AGENDA ITEM TITLE Resolution setting date of public hearing for Monday, October 6, 2025 on an application for a State Revolving Fund loan and to make available to the public the contents of an environmental information document and the City's project plan, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Requesting approval to set public hearing. SUMMARY STATEMENT AND BACKGROUND INFORMATION Public hearing will be held to review the application for a State Revolving Fund (SRF) loan. The loan will be used to fund a lift station replacement project. The scope of the project consists of the demolition of an existing 1961 lift station and force main (a building, dry pits and wet pits) with a new lift station with a wet pit and 3 submersible pumps, valve vault, flow meter pit, and an air release manhole. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES State Revolving Fund Loan ALTERNATIVE ACTION LEGAL DESCRIPTION Page 180 of 339 ATTACHMENTS None Page 181 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Steven Kjergaard, Director of Aviation August 18, 2025 Airport Department AGENDA ITEM TITLE Motion to approve Change Order No. 1 with Owen Contracting, Inc., of Cedar Falls, Iowa, for a net decrease of $139,049.45, in conjunction with Reconstruction of Taxiway A West, FAA AIP Project No. 3-19-0094-056-2023, 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 - Waterloo Taxiway A West Page 182 of 339 Page 183 of 339 CHANGE ORDER NO. 1 Owner: Waterloo Regional Airport,City of Waterloo,Iowa Date: July 23,2025 Project: Reconstruct Taxiway A West Owner's Contract No. FAA AIP Project No.3-19-0094-056-2023 BIL Contractor: Owen Contracting,Inc. Date of Contract Start: April 3,2023 You are directed to make the following changes in the Contract Documents. Description: Item Contract Percent Revised No. Description Unit Unit Price Quantity Change Chane Quantity Amount 5 ASPHALT PAVEMENT REMOVAL SY $ 7.50 18,200.0 150.0 - 1% 18,050.0 $ 1,125.00 6 9-INCH NOMINAL PCC REMOVAL SY $ 8.00 780.0 25.4 -3% 754.6 $ 203.20 12-INCH NOMINAL PCC 7 REMOVAL SY $ 9.00 480.0 45.8 -10% 434.2 $ 412.20 12.5-INCH NOMINAL PCC 8 REMOVAL SY $ 9.00 25.0 11.3 -45% 13.7 $ 101.70 FULL DEPTH SAW CUT-6-INCH 9 PCC THICKENED EDGE LF $ 8.00 150.0 150.0 -100% 0.0 $ 1,200.00 10 FULL DEPTH SAW CUT-9-INCH LF PCC THICKENED EDGE $ 8.00 850.0 630.0 74% 1,480.0 $ 5,040.00 FULL DEPTH SAW CUT- 12-INCH 11 PCC THICKENED EDGE LF $ 8.00 310.0 42.0 -14% 268.0 $ 336.00 FULL DEPTH SAW CUT- 12.5- 12 INCH PCC THICKENED EDGE LF $ 8.00 400.0 277.9 -69% 122.1 $ 2,223.20 FULL DEPTH SAW CUT- 13 ASPHALT PAVEMENT LF $ 8.00 275.0 65.0 24% 340.0 $ 520.00 14 PAVEMENT MARKING REMOVAL SF $ 4.40 8,500.0 4,765.0 -56% 3,735.0 $ 20,966.00 15 UNCLASSIFIED EXCAVATION CY $ 12.00 5,200.0 785.0 -15% 4,415.0 $ 9,420.00 16 SUBBASE COURSE CY $ 108.00 3,600.0 234.2 -7% 3,365.8 $ 25,293.60 INSTALLATION AND REMOVAL 17 OF SILT FENCE LF $ 1.70 3,800.0 1,350.0 -36% 2,450.0 $ 2,295.00 19 6-INCH AGGREGATE BASE SY COURSE $ 18.00 7,100.0 290.5 -4% 6,809.5 $ 5,229.00 6-INCH CRUSHED AGGREGATE 20 BASE COURSE SY $ 23.00 3,300.0 317.0 -10% 2,983.0 $ 7,291.00 6-INCH CEMENT TREATED 21 PERMEABLE BASE COURSE SY $ 55.00 2,450.0 148.0 -6% 2,302.0 $ 8,140.00 22 7.0-INCH PCC SURFACE COURSE SY $ 59.00 6,500.0 508.5 -8% 5,991.5 $ 30,001.50 23 9.0-INCH PCC SURFACE COURSE SY $ 81.75 775.0 34.4 -4% 740.6 $ 2,812.20 24 12.5-INCH PCC SURFACE COURSE SY $ 106.75 2,350.0 38.9 -2% 2,311.1 $ 4,152.57 ALO FAA AIP 3-19-0094-056-2023 BIL CO-1 Project No-60695167 1 Page 184 of 339 AIRFIELD MARKING 25 TEMPORARY SF $ 3.15 3,800.0 2,911.0 -77% 889.0 $ 9,169.65 AIRFIELD MARKING(YELLOW- 26 REFLECTIVE-WATERBORNE SF $ 3.15 3,500.0 447.0 13% 3,947.0 $ 1,408.05 AIRFIELD MARKING(WHITE- 27 REFLECTIVE-WATERBORNE SF $ 3.15 1,000.0 1,000.0 -100% 0.0 $ 3,150.00 AIRFIELD MARKING(BLACK- 28 NON-REFLECTIVE- SF WATERBORNE) $ 3.15 8,500.0 807.6 10% 9,307.6 $ 2,543.94 29 SURFACE PAINTED RUNWAY 18 SF HOLD MARKER RED/WHITE $ 43.75 36.0 2.8 8% 38.8 $ 122.50 REFLECTIVE MEDIA(TYPE I, 30 GRADATION A I B $ 3.75 300.0 60.0 -20% 240.0 $ 225.00 31 6-INCH PERFORATED SUBDRAIN LF $ 25.00 3,825.0 42.0 1% 3,867.0 $ 1,050.00 34 TOPSOIL(FURNISHED FROM OFF CY THE SITE) $ 35.00 1,400.0 200.0 -14% 1,200.0 $ 7,000.00 35 MULCHING,HYDRO-APPLIED AC $ 1,700.00 3.0 3.0 100% 6.0 $ 5,100.00 NO. 8 AWG,5KV,L-824,TYPE C 36 CABLE,INSTALLED IN TRENCH, LF DUCT BANK OR CONDUIT $ 1.35 11,200.0 1,010.0 -9% 10,190.0 $ 1,363.50 NO. 6 AWG,BARE COPPER COUNTERPOISE WIRE, INSTALLED IN TRENCH,ABOVE 37 THE DUCT BANK OR IN LF CONDUIT,INCLUDING GROUND RODS AND GROUND CONNECTIONS $ 1.46 4,250.0 1,237.0 -29% 3,013.0 $ 1,806.02 NON-CASED ELECTRICAL 40 CONDUIT,2-INCH SCHEDULE 40 LF PVC INSTALLED IN TRENCH $ 4.90 4,250.0 238.0 6% 4,488.0 $ 1,166.20 43 REMOVE DUCT BANK LF $ 40.00 280.0 205.0 -73% 75.0 $ 8,200.00 50 L-804(LED)ELEVATED RUNWAY EA GUARD LIGHT $3,950.00 2.0 2.0 -100% 0.0 $ 7,900.00 101 CLEAN AND SEAL JOINTS LF $ 8.60 - 467.0 - 467.0 $ 4,016.20 Total Change Order $ (139,049.45) Reason for Change Order: 5-17, 19-31, 34-37,40,43, & 50-Quantities adjusted based on field measurements. 101 -Item added due to water blasting outside of new pavement area. ALO FAA AIP 3-19-0094-056-2023 BIL CO-1 Project No 60695167 2 Page 185 of 339 CONTRACT PRICE CONTRACT TIMES (Calendar Days) To substantial To final completion completion Original: $ 2,488,523.75 Original: 120 Previous C.O.s (ADD): $ Previous C.O.s(ADD): 0 This C.O. (ADD): $ (139,049.45) This C.O. (ADD): 0 Liquidated Damages: $ (21,000.00) REVISED: 120 (21 Days @$1,000/Day) Contract Price with all approved Change Orders: $ 2,328,474.30 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s)ordered herein,including all impact,delays,and acceleration costs. Other than the dollar amount and time allowance listed above,there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. RECOMMENDED: By: � " `3 , � 1 7/27/2025 Engineer(Authorized Signature) Date APPROVED: By: Owner(Authorized Signature) Date ACCEPTED: 7/28/2025 By. a- Duty Co actor(Authorized Signature) Date ALO FAA AIP 3-19-0094-056-2023 BIL CO-1 Project No 60695167 3 Page 186 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Airport Department August 18, 2025 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Owen Contracting, Inc., of Cedar Falls, Iowa, in the amount of $2,328,474.30, in conjunction with the Reconstruction of Taxiway A West, FAA AIP Project No. 3-19-0094-056-2023 BIL. 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. Project Acceptance Page 187 of 339 Page 188 of 339 A E—COMImagined. 500AECOM SW Delivered. 500 SW 7th Street Des Moines IA,50309 USA aecom.com July 29, 2025 Mr. Steven Kjergaard Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 SUBJECT: Reconstruct Taxiway A West Waterloo Regional Airport Waterloo, Iowa FAAAIP Project No. 3-19-0094-056-2023 BIL AECOM ID No. 60709088 Dear Mr. Kjergaard: By this letter, we hereby state: 1. We have made a final review of the project and recommend acceptance. Punch list items were completed on May 91h, 2025.After a walkthrough on July 91h, 2025, two new items were found that will be completed as warranty items: repair of a spall at northeast end of paving and reseeding of area, as seeding placed did not establish. 2. To the best of our knowledge and belief, based on observations ofAECOM staff during construction, the contractor, Owen Contracting, Inc., has performed the work in accordance with the contract requirements in effect for the above-referenced project. 3. The total cost of the completed work is $2,328,474.30. I hereby certify that this engineering document was prepared by me or ,"" o tssro ' . under my direct personal supervision and that I am a duly licensed °` Q�.•'••••�•''•�.� Professional Engineer under the laws of the state of Iowa. W! DAVID 8. HUGHES Z 13 0 3 7 3 7/29/2025�) I- f •• David B. Hughes Date IOWA " License No. 13037 My license renewal date is December 31, 2025. Pages or sheets covered by this seal: aecom.com 1 Page 189 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Lance Dunn, Human Resources Director August 18, 2025 Human Resources Department AGENDA ITEM TITLE Motion to approve the appointment of Amber Chase to the position of Administrative Secretary in the Waste Management Department, effective August 19, 2025. 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. ADM INISTRATIVE_SECRETARY_WMS_6.2025 Page 190 of 339 Docusign Envelope ID:763DA8DB-2CB6-431 E-832C-1 D71364AMA44 FERNON N LL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Administrative Secretary Department: Waste Management Department Reports To: Asst Dir Maint/ICT and Collections Systems Dir Work Location: Waste M mt Employment Status: ® Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ❑ Yes No ❑ Internal Posting Only Bargaining Position: ❑Yes ®No ® Internal Posting and External Advertising Bargaining Group: Non-bargaining Position: ® Yes ❑No Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for:Julianna Henrich (Specify name and title of former incumbent) If replacement, former incumbent: ® Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: 7/18/2025 Date of final payout: 8/8/2025 Anticipated start date: August 2025 No. of hours/week: 40 Work schedule: 7 am -4 pm Justification of need for position: Position provides administrative support to the Waste Mgmt Dept. What are the likely consequences if the position is not filled? Accts payable, accts receivable and payroll will not be completed on time and will fall further behind. � � �`� c✓1 APPROVALS g2,�t(o X5,17-3483 '37,02 I— I(D,07? Annual salary requirements: Hourly Rate: 7.�, Benefits: 95 8 (Payroll taxes,pension,health ins.-assuming family) Is position budgeted for this and future FYs? ® Yes ❑No If no,how will position be funded? Approved subject to the following conditions: Sheila Steffen 6/3/2025 DaeuSigned by: � . . LV, AAkf 6/17/2025 Submitting Department Head Date ay.lel Date Si ed b Signed by: Br.1X Zllood 6/16/2025 ' -, '• � � 6/12/2025 Chi g1t�4i1Rg@@r ne Date U t�l@� � Director Date MSS 6/12/2025 Hu a?d'R6,4ffiffigommittee Chairperson Date Created 6/30/2017 Page 191 of 339 Docusign Envelope ID:763DA8DB-2CB6-431 E-832C-1 D7B64A3AA44 PERSONNEL REQUISITION Administrative Secretary The following questions are provided as guidelines to assist you in developing your rationale for the position of Administrative Secretary in the Waste Management Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? This role currently assists the Waste Management Department with accounts payable, accounts receivable, and payroll. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no; why not? No, the current administrative staff have all been assigned to other departments within Public Works and do not have the bandwidth to take on additional duties long term. (3) How is the work of this position being accomplished now? The duties have been split between other admin secretaries, but this is not sustainable long term. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is necessary for the handling of daily operations including payroll, accounts payable and accounts receivable. This support position will help provide administrative support to the Waste Management Dept. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? No cost savings or increased revenues would be realized by this position. Position is directly related to providing citizen services in a timely manner. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? N/A (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The workload remains constant. This is a replacement position and not an additional hire. Page 192 of 339 Docusign Envelope ID:763DA8DB-2CB6-431 E-832C-1 D7B64A3AA44 (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Should these positions go unfilled,we will have not have the personnel resources to complete the demands and service expectations that the citizens have come to expect. This position is necessary for the handling of department operations on a daily basis. Without this role, accounts payable, accounts receivable and payroll for the Waste Management Dept will not be completed. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? The other administrative secretaries help to cover daily operations but this is not sustainable long term. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? I do not believe it is practical to outsource these duties. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Each of the positions in the department have unique responsibilities making it difficult to rank and compare them. If unfilled, the work would not get done. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position is a support role to both the Waste Management Department and as such, helps that department meet the goals and initiatives outlined by the City Council. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 193 of 339 Docusign Envelope ID:763DA8DB-2CB6-431 E-832C-1 D71364AMA44 CITY OF ,WATERLOO toe Community of opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO,IOWA OPEN EXAMINATION ADMINISTRATIVE SECRETARY DEPARTMENT WASTE MANAGEMENT SERVICES SALARY $25.17-$34.83 HOURLY FLSA NON-EXEMPT CIVIL SERVICE EXCLUDED BARGAINING UNIT NON-BARGAINING GENERAL STATEMENT OF DUTIES Under the general direction of the Waste Management Directors, using independent judgement and exercising a high level of discretion in dealing with confidential matters, provides administrative and secretarial support to the Waste Management Department Services. Assists other Waste Management clerical staff as needed. Work is performed with limited supervision and other supervisory personnel. ESSENTIAL FUNCTIONS These functions are considered essential for successful performance in this job classification. 1. Assists Waste Management Services Directors in completing special projects or other more difficult job assignments. 2. Maintains various office files for Easton Ave Wastewater Treatment plant, storm and sanitary wastewater collection systems, pretreatment and flood control. 3. Responsible for answering SOS calls, dispatching staff, and documenting issues. 4. Prepares all correspondence to Mayor and Council for council agenda. Computes industrial wastewater, pretreatment,and scavenger monthly billing. 5. Reviews departmental budget and prepares line-item adjustments for approval. 6. Prepares annual budget in conjunction with Directors and maintains General Obligation Bond sheets. 7. Assists in preparing correspondence and press releases as directed. 8. Prepares department payroll, accounts receivable and accounts payable utilizing New World financial system. Tracks FOG reports. 9. Orders office supplies and maintains inventory for Waste Management Services 10. Maintains personnel records for department employees. 11. Provides administrative support to department directors for sensitive personnel actions. 12. Assists in answering phones and radio as back up to Clerk. Page 194 of 339 Docusign Envelope ID:763DA8DB-2CB6-431 E-832C-1 D7B64A3AA44 13. Processes various forms including personnel action, continuing education and travel requests. Schedules training of employees, maintains personnel records including medical, continuing education,and drivers'license information. 14. Maybe cross trained to assist other Public Works departments,administrative secretaries,or other clerical staff as needed. 15. Communicates with and maintains effective working relationships with supervisors,coworkers,City departments,and the public. 16. Makes decisions in accordance with department and City policies and established regulations. 17. Works independently and with others with minimum supervision. 18. Attends work regularly at the designated place and time. 19. Performs all work duties and activities in accordance with City,Public Works and OSHA policies, procedures and safety practices. 20. Performs all other related duties as assigned. REQUIRED KNOWLEDGE,SKILLS,AND ABILITIES 1. Ability to speak clearly and distinctly,write legibly,prioritize work, produce a quality product within strict timelines and demonstrate the ability to handle multiple tasks effectively and efficiently. 2. Ability to maintain confidentiality regarding sensitive information. 3. Thorough knowledge of secretarial functions,terminology,office procedures and equipment. 4. Thorough knowledge of and ability to use Microsoft Word,Excel and other specialized software applications appropriate to assigned duties and responsibilities; ability to enter and retrieve information and update records on computer. 5. Ability to exercise independent judgment and make decisions based on Waste Management and City policies and applicable government regulations. 6. Ability to communicate effectively and maintain working relationships with other City employees, supervisors,and the public. 7. Ability to work with people from a broad variety of social,economic,racial,ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE&TRAINING 1. Associate's degree(two year)in secretarial or business-related field with a minimum of five years of experience as an executive or administrative secretary in an office setting.Municipal government experience preferred. 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. Familiarity with Federal and State Grant submission processes including tracking of grants and reimbursement requests a plus. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without reasonable accommodation. 1. Sufficient clarity of speech and hearing that permits the employee to communicate effectively with supervisors,other employees,and the public in person or by telephone. Page 195 of 339 Docusign Envelope ID:763DA8DB-2CB6-431 E-832C-1 D7B64A3AA44 2. Sufficient vision and manual dexterity that permits the employee to operate personal computer and other standard office equipment, handle files and other papers, perform customer service duties, and other secretarial responsibilities. 3. Sufficient personal mobility that permits the employee to move from one Public Works work area to another. MISCELLANEOUS 1. The City of Waterloo will conduct a background investigation including education and employment checks on any applicant being considered for this position. 2. The City of Waterloo reserves the right to require a physical examination by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of this position. 3. Required to submit to and successfully pass one or more interviews. 4. If being considered for position, may be required to show verification of Microsoft Word and Excel skills by testing as determined by the Public Works Coordinator. WORK SCHEDULE 7:00 a.m. — 4:00 p.m. with one-hour unpaid lunch. Willing to work extended shifts and flex hours during emergencies. ORAL EXAMINATION All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. WMS ADMINISTRATIVE SECRETARY June 2025 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 196 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Lance Dunn, Human Resources Director August 18, 2025 Human Resources Department AGENDA ITEM TITLE Communication from the Building Inspections Department on the notice of the conclusion of employment of Timothy Troyer, Combination Inspector II, effective July 18, 2025, with recommendation of approval of payout of $3,713.07 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. TROYER PAYOUT 8.18.2025 Page 197 of 339 Page 198 of 339 Docusign Envelope ID:A07CBA79-6863-4F41-B4CD-F4CA1601F705 CITY of City Council qo� tt Notice of TERL00 Employment ./ _ 1OWA Severance Community of opportunity Today's Date: 7/23/2025 Department: Building Inspections Effective Date: 7/18/2025 Job Classification: Combination Inspector II Employment Date: 9/5/2018 Employee Name: Timothy Troyer The employment with the named City of Waterloo employee has been severed by reason of: 0 Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Payout Vacation-Accrued 65 $ 34.21 $ 2,223.65 Vacation-Current 1 $ 34.21 $ 34.21 Usable Sick Leave (25%) 8 $ 34.21 $ 68.42 Casual Hours 40.5375 $ 34.21 $ 1,386.79 Comp Time Pay 0 $ - $ - Unscheduled Leave 0 $ - $ - Birthday 0 $ - $ - Comments &S', ned by:Approved by Date7/24/2025 AOAD7E8C6054D2... Signed by: Human Resources Date: 7/23/2025 Council Agenda Date: Page 199 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Lance Dunn, Human Resources Director August 18, 2025 Human Resources Department AGENDA ITEM TITLE Communication from the Library Department on the notice of the conclusion of employment of Mariah Bell, Library Assistant, effective August 1, 2025, with recommendation of approval of payout of $1,498.54 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. BELL PAYOUT 8.18.2025 Page 200 of 339 Page 201 of 339 CITY4F City Council L TERLnD Notice of J Employment IOWA Community of Opportunity Severance Today's Date: 7/24/2025 Department: Library Effective Date: 8/1/2025 Job Classification: Library Assistant Employment Date: 9/25/2023 Employee Name: Mariah Bell The employment with the named City of Waterloo employee has been severed by reason of: ❑ Retired Disability Related ❑ No 0 Yes 0 Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours .(x) Hourly Rate Payout Vacation-Accrued 51 $ 28.01 $ 9,428.51 Vacation-Current 2.5 $ 28.09 $ 70.03 Usable Sick Leave 25% $ _ Casual Flours $ - Comp Time Pay $ _ Unscheduled Leave $ _ Other Pay $ Total Payment $ 1,498.54 Comments Approved by Date 7/24/2025 Human Resources Date 08/05/2025 Council Agenda Date: Page 202 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department August 18, 2025 AGENDA ITEM TITLE Motion to approve Exception to Burning Yard Waste Application by B & K Lawn Care to burn a 15- foot strip of native prairie vegetation around a pond on property located at Landmark Commons, 1400 Maxhelen Blvd., August 18-30, 2025, 9:00 a.m. - noon. 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. B & K Lawn Care Page 203 of 339 Application Exception to Burning Yard Waste City of Waterloo,Iowa The undersigned hereby requests that the City of Waterloo, Iowa, consider the following application to allow the burning of yard waste in accordance with Section 4-3-8 of the Waterloo Code of Ordinances. 1. Name of Applicant: Lctrn C a�- 2. Address and Phone No.of Applicant 31a_HII-- 6cj3 3. General Description of area to be burned(including size): is l foa Sri '� Qr�,, o� /2t Ttr,,T V---*- C4-,C- 1biV'n:y v Ta/ het7;'K vd9f'Tc"T,(rte 4. Dates and times of burning: uj .�^ - Nv�� �q 1 87,�- 3o iy 5. Description of Vegetation: 6. Description of management techniques: ✓�'^•y *°" a" " t'n✓c S'✓es 70' PVT(, 7. Describe containment procedures: of 13�o`"�'s, fv b ✓' �v f�Gp/'/"S, 1 Gti6 S� u)Pe S ,.0 f7— %Ar'�- L,/7✓ Sign tore of Applicant The Waterloo City Council will act on this applicant and you will be notified of their decision. Prior to burning,please notify the Waterloo Fire Department: 1. To determine if proper weather conditions exist,and 2. To determine need for stand-by vehicles. FOR CITY USE ONLY: This application has been reviewed and approved by: Approval Date Fire Chief Fee Paid $ Receipt No. Page 204 of 339 Goa J& Maps Landmark Commons .4 ♦� p minas[+ > L �L `fit qMW :.°ate . �� .r�"°����► s.. '� �.ra►.wnMr. Google t, Imagery©2025 Airbus,Maxar Technologies,Map data©2025 100 ft yik r4f T 9` 1. Landmark Commons 4.8 ***** (5) Retirement home• oA Overview Reviews About 1 O Directions Save Nearby Send to Share phone Q 1400 Maxhelen Blvd,Waterloo, IA 50701 Page 205 of 339 PAYMENT DATE City of Waterloo BATCH NO. 08/12/2025 715 Mulberry St 2026-02000125 COLLECTION STATION Waterloo, IA 50703 RECEIPT NO. COUNTER 2 (319) 291-4323 2026-00001325 RECEIVED FROM CASHIER B & K LAWN CARE Ryan Stuber DESCRIPTION BURN PERMIT 8118125 PAYMENT CODE RECEIPT DESCRIPTION TRANSACTION ` AMOUNT C800 1010-03-8400 CLERK MISC REV 3800 $50.00 010-03-8400 3800 Miscellaneous Revenue $50.00 Payments: Type Detail Amount Check 5390 $50.00 Total Cash $0.00 Total Check $50.00 Total Charge $0.00 Total Wire $0.00 . Total Other $0.00 Total Remitted $50.00 Change $0.00 Total Received $50.00 Total Amount: $50.00 Customer Copy 9 08/12/2025 09:07:07 AM Printed by: Ryan Stuber Pae 1 of 1 Page 206 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department August 18, 2025 AGENDA ITEM TITLE Motion to approve Exception to Burning Yard Waste Application by Cedar Valley Soccer Club to burn native prairie vegetation around the 21-acre complex located at 3238 Dewitt Road, October 20— December 31, 2025. 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. Cedar Valley Soccer Club Page 207 of 339 Application Exception to Burning Yard Waste Cite of Waterloo,Iowa The undersigned hereby requests that the City of Waterloo, Iowa, consider the following application to allow the burning of yard waste in accordance with Section 4-3-8 of the Waterloo Code of Ordinances. 1. Name of Applicant: l t!, f\ )m 661Y 2. Address and Phone No.of Applicant -32-3& e U t c�'c�(w i `1i�-fid. Sad()1 �S' y 2Z -3 411 3. General Descripti of area to be burned(including size): 4. Dates and times of burning: zu q*tv�— Lt"36 Eal, 1 5. Description of Vegetation: ��(; jq-- Cj1 6. Description of management techniques: LLTV H 7. Describe containment procedures: CT I ac L (, J dodoop verified KWNT-5 UD-Z PM CDT KWNT-BZUD-ZQJSWUt R Signature of Applicant The Waterloo City Council will act on this applicant and you will be notified of their decision. Prior to burning,please notify the Waterloo Fire Deparlment: 1. To detennine if proper weather conditions exist,and 2. To determine need for stand-by vehicles. FOR CITY USF ONLY: This application has been reviewed and approved by: Approval Date Fire Chief Fee Paid S _ Receipt No. Page 208 of 339 PAYMENT DATE City of Waterloo BATCH NO. 07/24/2025 715 Mulberry St 2026-01000070 COLLECTION STATION Waterloo, IA 50703 RECEIPT NO. BACK OFFICE (319) 291-4323 2026-00000743 RECEIVED FROM CASHIER Cedar Valley Soccer Club LeAnn Even DESCRIPTION Burn Permit PAYMENT CODE RECEIPT DESCRIPTION TRANSACTIONAMOUNT C800 010-03-8400 CLERK MISC REV 3800 $50.00 010-03-8400 3800 Miscellaneous Revenue$50.00 Payments: Type Detail Amount Check 1417 $50.00 Total Cash $0.00 Total Check $50.00 Total Charge $0.00 Total Wire $0.00 Total Other $0.00 Total Remitted $50.00 Change $0.00 Total Received $50.00 Total Amount: $50.00 Customer Copy Printed by: LeAnn Even Page 1 of 1 08/12/2025_10:%'M39 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department August 18, 2025 AGENDA ITEM TITLE Cigarette/Tobacco/Nicotine/Vapor Permits New Star Fletcher, 315 Fletcher Avenue. (Device Permit) Express Mart, 2027 Falls Avenue. (Device Permit) 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 210 of 339 CITY 4F ERLOO ..go _T__ IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department August 18, 2025 AGENDA ITEM TITLE Liquor Licenses Dollar General #30998, 5570 Washington Street, Class B w/Sunday Sales (Ownership Update) Exp: 03/22/2026. Dub's Pub, 1106 LaPorte Road, Class C w/Outdoor Service and Sunday Sales, (Renewal), Exp: 09/12/2026. Dub's Pub, 1106 LaPorte Road, Class C w/Outdoor Service and Sunday Sales, (Outdoor Service) Exp: 09/13/2025. Hy-Vee Food Store #1, 2834 Ansborough Avenue, Class E w/Sunday Sales (Ownership Update) Exp: 03/23/2026. Hy-Vee Food & Drug Store #3, 1422 Flammang Drive, Class E w/Sunday Sales (Ownership Update) Exp: 02/08/2026. Hy-Vee Wine & Spirits #1, 2126 Kimball Avenue, Class E w/Sunday Sales (Ownership Update) Exp: 11/14/2026. Hy-Vee Fast & Fresh #1, 3700 University Avenue, Class E w/Sunday Sales (Ownership Update) Exp: 10/31/2026. Hy-Vee Clubroom #1, 2834 Ansborough Avenue, Class C w/Sunday Sales (Ownership Update) Exp: 10/16/2025. Hy-Vee Fast & Fresh #3, 1512 Flammang Drive, Class B w/Sunday Sales (Ownership Update) Exp: 08/26/2026. Kwik Star#229, 1717 E. San Marnan Drive, Class B w/Sunday Sales (Renewal), Exp: 09/24/2026. Locke at Tower Park, 4140 Kimball Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) Exp: 09/20/2026. Placita, 321 W. 4th Street, Class B w/Sunday Sales (Renewal) Exp: 07/13/2026. RiverLoop Expo Plaza, Class C w/Sunday Sales (Temporary Premise Transfer) Exp: 08/30/2025. Uni Mart, 1615 Bishop Avenue, Class E w/Sunday Sales (Premises Update) Exp: 02/26/2026. XO Food & Liquor, 428 Franklin Street, Class E w/Sunday Sales (Renewal) Exp: 08/09/2026. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT Page 211 of 339 DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 212 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department August 18, 2025 AGENDA ITEM TITLE Bonds. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. BONDS FOR COUNCIL APPROVAL-8.18.2025 Page 213 of 339 RIGHT-OF-WAY CONSTRUCTION BONDS FOR COUNCIL APPROVAL August 18, 2025 101551714 CEDAR VALLEY EXCAVATING, LLC CEDAR FALLS, IA 101600408 L& M SERVICES AND MAINTENANCE LA PORTE CITY, IA DBA THOME EXCAVATING AND GRADING 7900414955 SADLER COMPANY, LLC WATERLOO, IA Page 214 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director August 18, 2025 Planning & Zoning Department AGENDA ITEM TITLE Request by the City of Waterloo to rezone approximately 0.15 acres of land from "R-2, C-Z" Conditional Zoning District to "R-2" One and Two Family Residence District west of 207 Hope Avenue. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to rezone approximately 0.15 acres of land from "R-2, C-Z" Conditional Zoning District to "R-2" One and Two Family Residence District. This rezone is being done in an effort to clean up the zoning throughout the city by getting rid of a conditional zoning district that is no longer needed. The conditional zoning was approved to allow for a motorcycle repair business from the garage of the house that used to be located on the lot. The house that used to be on the area in question was demolished or moved between the end of 2010 and the beginning of 2011 to become part of Logan Avenue/Highway 63 and its right-of-way. NEIGHBORHOOD IMPACT The proposal would not appear to have a negative impact on the surrounding area as the area is street right-of-way, and that use will not be changing. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held by the Planning, Programing and Zoning Commission on July 8, 2025, and notice was sent to property owners within 250 feet. SOURCE OF EXPENDITURES _ N/A ALTERNATIVE ACTION Page 215 of 339 LEGAL DESCRIPTION Gates Park Place, lot 10 block 1 except west 2 feet. ATTACHMENTS 1. Staff Report - w of 207 Hope Ave Rezone R-2, C-Z to R-2 2. Overview Map - W. of 207 Hope 3. Aerial Map - W. of 207 Hope Avenue Page 216 of 339 July 8,2025 REQUEST: Request by the City of Waterloo to rezone approximately 0.15 acres of land from"R-2, C-Z" Conditional Zoning District to "R-2"One and Two Family Residence District west of 207 Hope Avenue. APPLICANT(S): City of Waterloo, 715 Mulberry St,Waterloo, IA 50703 GENERAL The applicant is requesting to rezone a piece of land to get rid of the DESCRIPTION: conditional zoning as it is no longer needed because it is currently street right-of-way. IMPACT ON The proposal would not appear to have a negative impact on the NEIGHBORHOOD & surrounding area as the area is street right-of-way, and that use will not be SURROUNDING LAND changing. USE: VEHICULAR& The request would not appear to have a negative impact on vehicular or PEDESTRIAN pedestrian traffic in the area as the property in question is currently street TRAFFIC right-of-way along Logan Avenue (Highway 63). Logan Avenue is CONDITIONS: classified as a principal arterial. RELATIONSHIP TO There is a sidewalk running through the site in question. RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area is zoned"R-2, C-Z" Conditional Zoning District and has been FOR SITE AND zoned as such since February 2, 1998, when it was zoned from "R-2" One IMMEDIATE and Two Family Residence District. Surrounding land uses and their VICINITY: zoning are as follows: North—Land in Logan Avenue right-of-way zoned"R-2" One and Two Family Residence District. South—Residential homes zoned"R-2" One and Two Family Residence District. East—Residential homes zoned"R-2" One and Two Family Residence District. West—Residential homes zoned"R-2" One and Two Family Residence District. BUFFERS/ No buffers are required for this request. SCREENING REQUIRED: DRAINAGE: Drainage is not required for this request. DEVELOPMENT The area is composed mostly of single-family homes and Logan Avenue HISTORY: (Highway 63). The surrounding homes were built from 1912 through the 1950's. The properties that became part of Logan Avenue/Highway 63 street right-of-way had the structures on them demolished or relocated between 2010 and 2011. West of 207 Hope Avenue,R-2,C-Z to R-2 Page 217 of 339 1 a. 4� r r ;#t y .. tip. 5v�i July 8,2025 5�. Orr 777 Picture 3:Home at 207 Hope Avenue (home not impacted by the request). FLOODPLAIN: The property is located in zone X (protected by levee) according to the 2024 FEMA Floodplain Maps. PUBLIC /OPEN George Washington Carver Academy is located within a quarter mile to SPACES/ SCHOOLS: the northwest of the site in question. Gates Park is a quarter mile to the east of the site in question. UTILITIES: WATER, There is a 36" storm sewer, a 12"water main, and a 12" sanitary main line SANITARY SEWER, along Logan Avenue. There are above ground power lines running along STORM SEWER, ETC: the alley to the east of the area in question. RELATIONSHIP TO The Future Land Use Map designates this lot in question as "Low Density COMPREHENSIVE Residential."The request is in conformance with the Future Land Use LAND USE PLAN: Map and Comprehensive Plan. STAFF ANALYSIS — The applicant is requesting to rezone approximately 0.15 acres of land ZONING ORDINANCE: from"R-2, C-Z" Conditional Zoning District to "R-2" One and Two Family Residence District. This rezone is being done in an effort to clean up the zoning throughout the city by getting rid of a conditional zoning district that is no longer needed. The conditional zoning was approved to allow for a motorcycle repair business from the garage of the house that used to be located on the lot. West of 207 Hope Avenue,R-2,C-Z to R-2 Page 219 of 339 July 8,2025 The house that used to be on the area in question was demolished between the end of 2010 and the beginning of 2011 to become part of Logan Avenue/Highway 63 and its right-of-way. TECHNICAL REVIEW The Technical Review Committee had no concerns with this request. COMMITTEE: STAFF ANALYSIS— The applicant is not planning to subdivide the property. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends that the request by the City of Waterloo to RECOMMENDATION: rezone approximately 0.15 acres of land from "R-2, C-Z" Conditional Zoning District to "R-2" One and Two Family Residence District west of 207 Hope Avenue be approved the following reasons: 1. The conditional zoning is no longer needed. 2. The request would appear to be in conformance with The Future Land Use Map, and will clean up the Zoning Map. West of 207 Hope Avenue,R-2,C-Z to R-2 Page 220 of 339 City of Waterloo Planning, Programming and Zoning Commission July i 2025 co IMMEMS IMMEMS EMS MEN OMENSSEE■ �M � MEN IMMEMS MEN�� MIMMEMS EN • 111111IMMEMS �� 111 1111 �MM MEN MM� MEN MMEN MMEN LITCHFIELD AVE MEN MEMEN MMEN MEMEN N ME � MEN INS ME MEN EM SM MEN MEN MEN EMS MEN MEN EM �MEN EMS MEN 101MEN MEN MEN �MEN ONE MEN EMMENM 1. IMEN EM MEN EMS i 111111 MEN IMMENS MEN EMMONS EM MENEM MEN MEN OMENS p MEN SM MEN i ENO__ � 111 1. 111 III -11 ■ 11 ■I 111 11. 1 1111 - 1111• i111 11 ■I ; 11■ _MM _ _ = 1 11 � - 1_ ; C! MEN == = - MEN � • X111 11 . 11 MEN MEN� i11= ��ii� 111 1 11 _ - ■- -- =111 IIIIIIII► �= �- 1i1= �i_' 1 � 1 ��SII� �■ • _ _ e� _ � 1_ `111 I. 01 1111111. ` X1111= 111= _� 11: - 1-- _ 11�. = 11111 = - �1■ = 11 ��i i 1111 1111111 �I III. . 111 1 ��� 1111 11111 .1111. III I --- ------ __ -.�� � _ =11M�I _IM NINON West Of 207 Hope Rezone 1 ' 1 "R-211 City of Waterloo . __ 00,4 City of Waterloo Planning, Programming and Zoning Commission July 8, 2025 Area to be rezoned a 0 x 63 W ARLINGTON ST — — — — — — — E ARLINGTON ST [207 Hope Avenue Sources:Esri Torr Tom,Garmin,FAO,NOAA,USGS,©OpenStreetMap contributors,and the GIS User Community N West of 207 Hope Avenue w E Rezone from "R-2, C-Z" to "R-2" s City of Waterloo CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director August 18, 2025 Planning & Zoning Department AGENDA ITEM TITLE Sale and conveyance of approximately 0.19 acres of city-owned property, located west of 720 Upton Avenue, in the amount of $5,000.00, to Half Dozen Properties, LLC., including a Development agreement. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request for the sale and conveyance of approximately 0.19 acres of city-owned property, located west of 720 Upton Avenue, in the amount of $5,000.00, to Half Dozen Properties, LLC, with a Development Agreement, for the construction of a twin home having an approximate value of $320,000.00, and instruct the City Clerk to publish notice. Each unit will be 1,190 square feet and have a 312 square foot attached garage, with vinyl siding, and shake style siding above the front door entries. The building is being constructed as slab on grad, and the dividing wall will be 10", which would allow each unit to be sold off separately. Each unit qualifies for a $5,000.00 infill incentive grant, and upon substantial completion of the dwellings, $10,000.00 will be paid to the developer. Also, when the dwellings are completed, the purchase price of $5,000.00 will be refunded back to the developer. The new structure will be built on Parcel D as shown on the attached plat of survey. NEIGHBORHOOD IMPACT Construction of the new duplex is a good infill development project and will put a non-property tax paying parcel on the tax rolls. DATA, ANALYSIS, AND STRATEGIES Housing, land use and economic development. This new duplex also aligns with the Elev8 Housing goals adopted by the city council. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 223 of 339 SOURCE OF EXPENDITURES Housing Incentive Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION A survey of Parcel "D" of the Northwest Quarter (NW 1/4) of Section 22, Township 89 North (T89N), Range 13 West (R13W) of the Fifth Principal Meridian (5th PM), being a portion of Lot B, Hummel Addition, City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows: Commencing at the southeast corner of Lot 8, Hummel Addition; thence South 89011'56" West along the south line of said Lot 8 16.00 feet to the point of beginning; thence continuing South 89°11'56" West along the south line of said Lot 8 83.52 feet to the northerly extension of the east line of the alley lying between Lots 1 through 11 and 61 through 71 in First Addition to Galloway; thence North 01°05'27" West along said northerly extension 99.99 feet; thence North 89°08'31" East 85.30 feet to the west line of the East 16 feet of said Lot B; thence South 00004'18" East along the said west line of the East 16 feet 100.08 feet to the point of beginning containing 8,444 square feet (0.19 acres) ATTACHMENTS 1. Development Agreement 2. Housing Design and Plans 3. Colored Rendering 4. Plat of Survey 5. Aerial Map Page 224 of 339 Preparer: Tim Andera, City of Waterloo, 715 Mulberry St.,Waterloo, Iowa 50703 (319)291-4366 After recording, return to Community Planning&Development 795 Mulberry Street, Watedoo, to 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2025 by and between Half Dozen Properties, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance and construct a duplex dwelling and related improvements on property located in the City of Waterloo as an infill lot in an established residential neighborhood, as described on Exhibit "A" attached hereto (the "Property"). B. City considers infill residential development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Project (defined below) is being undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms of this Agreement, City shall convey the Property to Company for the sum of $5,000.00 (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 t Page 225 of 339 Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct at its own expense on the Property one (1) duplex home as further described and depicted in Exhibit "B" attached hereto, consisting of no less than 1,190 square feet of living area with an attached garage of no less than 312 square feet on each side, and having an estimated value of$320,000.00 upon completion. The Improvements shall be completed to a finished state, including installation of paved driveway, installation of a fence along the entire length of the rear yard bordering drainageway, 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 have done so. Subject to Unavoidable Delays (defined below), Company must commence construction of the Improvements within six (6) months after the date of this Agreement and must Substantially Complete construction no later than fourteen (14) months after the date of this Agreement (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 element for which no permit was necessary has been Substantially Completed. If Company has not constructed the Improvements within the required period or any extended period, then City may terminate this Agreement as set forth in Section 14, title to the Property shall revert to the City, and City shall have no further obligation hereunder; provided, however, that if construction has not begun within the stated period but the development of the Project is still imminent, 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 the Improvements. Any 2 Page 226 of 339 further time extensions will require consent of the City Council. If construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Completion Deadlines by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 14, title to the Property shall revert to City, and City shall have no further obligation hereunder with respect thereto. If City terminates this Agreement, Company shall not be entitled to a refund of the Purchase Price, whether in whole or in part. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage, encumbrance or past-due or currently due property taxes (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby 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, 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 attach to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 3 Page 227 of 339 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 Company a grant of$10,000.00 (the "Infill Grant") within ninety (90) days after Improvements have been verified by City as Substantially Completed. B. Refund of Purchase Price. City will refund the Purchase Price to Company in full on the same terms as its payment of the Infill Grant. C. Partial Tax Exemption. Because the Property is in a designated Consolidated Urban Revitalization Area (CUBA), 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. 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. 8. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 9. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project 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 4 Page 228 of 339 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. 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. 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 5 Page 229 of 339 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 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; S Page 230 of 339 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, 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. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. 7 Page 231 of 339 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 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 151 Periwinkle Way, Waterloo, lA 50701, Attention: Levi Sires, Manager. 8 Page 232 of 339 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 19, No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If 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 9 Page 233 of 339 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 HALF DO N PROPERTIES, LLC By: By: LAAV Quentin M. Hart, Mayor evi Sires, Manager Attest: Kelley Felchle, City Clerk 10 Page 234 of 339 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. evi Sires 11 Page 235 of 339 EXHIBIT "A" Description of Property A survey of Parcel "D" of the Northwest Quarter (NW 114) of Section 22, Township 89 North (T89N), Range 13 West (R1 3W) of the Fifth Principal Meridian (5th PM), being a portion of Lot B, Hummel Addition, City of Waterloo, Black Hawk County, State of Iowa, and being more particularly described as follows: Commencing at the southeast corner of Lot 8, Hummel Addition; thence South 8911'56"West along the south line of said Lot 8 16.00 feet to the point of beginning; thence continuing South 89011'56"West along the south line of said Lot 8 83.52 feet to the northerly extension of the east line of the alley lying between Lots 1 through 11 and 61 through 71 in First Addition to Galloway; thence North 01'05'27" West along said northerly extension 99.99 feet; thence North 89°08'31" East 85.30 feet to the west line of the East 16 feet of said Lot B; thence South 00°04'18" East along the said west line of the East 16 feet 100.08 feet to the point of beginning containing 8,444 square feet (0.19 acres) 1 Page 236 of 339 EXHIBIT °B" House Plans See attached. Page 237 of 339 W [_" iia �Gm Q w [K ::4•kt Teti CIO Q W 3yLL� xiidnO �NOIdn 0 - n T 4 ❑ O �b� a NSM U SIdIS IAT F Z p Lu W Y Ga p Z OPap Cl] i.L V _ra O°.. C3Q fkf C7 � � C) O <,, �¢1� w o-zv a O V r 0 � V _ OE �� O w U Q z ?aQ A ZI � ss t A-,LI o-1 4 4` Y K Z s TF, 2a c 6l M Q w 1/6-10I � - 3"'bpz0`-'� ZFn a rr3 tarS�w_iaa� s 1, W {. £.9 %6-AI Q a d u U Q r. ------------- :................... .- e -II § ;4P .(}SU-01 7k co U o-,6n Q � CL � (� O F—U3 � boo C- zo0O �y � J c� .hoc � o?•� o 1uc3c� '— m 0, zU �nv) * 1 7 t Page 238 of 339 c»•c <No 200 � r=- p;s me XAIJAG �Noldn .JIUI.J I/ \ l J W yyrb acv o-zv Ur ° Z uLLo 0_0 j © v c .. o-z V) Z 130 9 V b z trz g 0 tr,Z9 c MV W s x W Page 239 of 339 \ R q f! >�b• . � W U - O xi]i g a I N Old q \m SIM IMI] > , » \ � m«@) \ k)\ § .-.-.-.-.- } ) i � -......- N a � � \ . -.-.-.-.-. , � � } � �. `... co [ j � 2 -. 2 . � > : f . \ � ` • / ; ; eI 2 2 ( § u . 2®; /B }}\ \§ N� ` 9 x _ � ` Page 241 of 339 **NOTES** Exhibit "6" BUILDERS Ceiling Height: 8'1 -1 /8" unless otherwise noted FOR BIDDING PURPOSES ONLY! ~ � Please contact Builders Select SELECT for FINAL prints before Newingthe Ced4ru4/ley See window schedule for ROIs �y � construction/ordering of materials. W1thau411tyanddmgw4tenjIs' TY WALL in See cabinetry details per cabinet supplier PAR5/8"DW Q1/,-'FIREWALL 2120 Main Street 2 x 4 STUD TO EXTEND Cedar Falls,IA 5/8"DW TO ROOF 319-266-2668 1/2"AIR GAP 5 MIN.FIRE 5/8"DW PLYWOOD 2 x 4 STUD EACH SIDE OF 5/8"DW / PARTY WALL CUSTOMER: Os/8/�{SSi„ 73'-0" 36'-1" 36'-l" 10" PATIO PATIO 6-0" 13'-4" 10'-0" 14'-8" 10'-0" 13'-0" 6-0" X W 5-0"x 4'-0" 5-0"x 5-0" 6'-0" 6-0" 5-0"x 5'-0" 5-0"x 4'-0" J 11'-1" 21'-11'/2' 2'-0" 2'O" 21'-11 Yz" w 3/2 BEDROOM 2 11'-0" EATI G s'-11vz' 11'-0" 2'-0" BEDROOM #2 _ Q 31 I LIVING ROOM I LIVING ROOM I w I" �IT " I LU7-41/2" '-8'/z' I^ I 3'-8'/s' 7-41/2" J O I KITCHE a a KITCHENI I 2._4., - � 5'-0"-- ---5'-8'/z'---- J 13'-6'/" 13'-6'/z" L-----5'-8'/z---- - 5�_0„ o n 2-3 4'/i' 3'4, 2'_8 WALKIN 3-4 4h WALKIN 0 0 C o \ I m o \ M 7 o LAU RY - ? - 13'-1" 13'-1" - _ �O _ LA DRY b ti[n n o 7 -1' 4'-8Yz' 4'0" o ° 4 0" 4'-8'/s" T 1" 2'-6" 6" B TH 3'-0" BAT aosET b START DATE: CLOSET 01-20-2025 `o 5'-2" s'-2"n 6'-7Yz 1 CAR GARAGE 1 CAR GARAGE 0 MECH. MECH. LAST UPDATED: 5'-5" 5'-s" 05-16-2025 iv M M04 - 05-29-2025 c O \ ^ Q N P� L 4'-0" � 4'-o" 8--1 b 8--l" --------------------------- -------------------------- 9'-8'/V 9'-8'/" ENTRY o 0 ENTRY BE #1 BEDROOM #1 3`0„ 13'_1" 1 13'-1" 3`0„ _ 12'1" O 2'-6"x4'-0" J= 2'-6"x4'-0" O DRAWING TYPE (, V 5.0'x4'_0' 9.0„ 9._01 5'-o"x4'-0' MAIN FLOOR PLAN UNITA 6'-6" 6'-6" 2'-6" 4'-6" 2'-8'/s" 6'-9%" 6'-7" 6'-7" 6'-9'/s" 2'-8'/2' 4'-6" 2'-6" 6-6" 6-6 UNIT B 13'-0" 9'-8'/2' 9'-8Yz' 13'-0" C�/�f 1190 S . FT. 3'� 1190 S . FT. THESESE ECT ARE BY TENDED BUILDERS SELECT FOR USE BY BUILDERS WHO ARE 1 O" ACKNOWLEDGEABLE AND EXPERIENCED FLOOR PLAN 23-0 13'-1 13'-1 23-0' N NO-CONSTRUCTIONCOENDPRACICE FLOOR PLAN LD RSSDCT IS NOT A LI ANDD PRACTICES. BUILD DERSSELECTISNOT I LICENSED CLAIMES 27'_7" BUILDERSRANTIE SPECIFICALLY DIS—MES NO 312 SQ. FT. ANYWARITYFOR NYEINAND ORSHEREINORO 31 2 ( FT. RESPONSIBILITY STRUCTION ANYERRORSHEREINER FOR 73-o L J MPROPEROOFTHESEPLANS.. THE USER GARAGE 36-1" 36'-1" GARAGE t0" DRAWN BY: 73'-0" Janean Page 242 of 339 Exhibit "B" Continued FOR BIDDING PURPOSES ONLY! BUILDERS Please contact Builders Select SELECT for FINAL prints before Newingthe Cedarualley construction/ordering of materials. With au411tyBn!/d7gM4teNa/S" 2120 Main Street Cedar Falls,IA 319-266-2668 CUSTOMER: 73'-0" o, o oa o oa o 0 0 0 0 0 .........-•-•--•-•-•----•-•-•--•-•-•-•--•-•-•--•-•-•-•--•-•-•----•-•-•--•-•-•----•-•-•--•-•-•-•--- W J LU W z J 0 ON SLAB ON SLAB o � O (V V V START DATE: 01-20-2025 LAST UPDATED: 05-16-2025 05-29-2025 o. ....... .................................. ................................. . .. -•--............ . . ...................................... ................................................................................. ...................................... 13'-0" 9'-8Y" 27-7" 9'-8Yz" 13'-0" 29'-6" 14'-0" 29'-6" DRAWING TYPE 73'-0" FOUNDATION THESE PLANS ARE INTENDED BY BUILDERS SELECT FOR USE BY BUILDERS WHO ARE ACKNOWLEDGEABLE AND EXPERIENCED IN NOR MALCONSTRUCTION STANDARDS, STATE AND LOCAL CODES AND PRACTICES. BUILDERS SELECT IS NOT A LICENSED ARCHITECT. BUILDERS SELECT SPECIFICALLY DISCLAIMES ANY WARRANTIES HEREIN AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS HEREIN OR FOR IMPROPER CONSTRUCTION BY THE USER OF THESE PLANS. DRAWN BY: Janean Page 243 of 339 Exhibit "B" Continued BUILDERS 4/12 4/12 FOR BIDDING PURPOSES ONLY! Please contact Builders Select SELECT for FINAL prints before '5emny the cwit v?lley construction/ordering of materials. th au46tyBwkjmyM4temjls" - - - - - - - - - - 2120 Main Street IZ Cedar Falls,IA I! 319-266-26688 r, CUSTOMER: 00CID ® ®®®® ®®®® ® 13'-0" 9'-8%" 13'-4'/" 13'-4%" 9'-8Y" 13'-0" X 10" w 73'-0" v J f ZoNT ELEVATION w ::D LL - - - - z 0 J � DO — 10" START DATE: 01-20-2025 iZEAP, C-LLVATION LAST UPDATED: 2 05-16-2025 05-29-2025 8/12 12 r\ 4 8/12 CO DRAWING TYPE ELEVATIONS ON SLAB 42'-0" LEFT LLEV,�TioN00 THESE PLANS ARE YBUILBUILDERS SELECT FOR USE BY BUILDERS WHO ARE ACKNOWLEDGEABLE AND EXPERIENCED IN NORMALCNSTANDARDS. SLATE AND LOCALAL CODE AND PRACTICES. BUILD ERSSELECTISSPE ILICENSEDCLAIMES BUILDERSRANTI SPECIFICALLY ASSUME ENS 42-0 RESPANYONSIBILITY HEREIN AND ASSUMESNO RESPIMPROPER FOR ANY ERRORS HEREIN OR FOR IMPROPERCF STRUTHEE TION PLAN, THE USER OF THEE PLANS. Zk flT ELEVATION DRAWN BY: Janean Page 244 of 339 Exhibit "B" ContinuedBUILDERS FOR BIDDING PURPOSES ONLY! Please contact Builders Select SELECT for FINAL prints before Newingthe Cedv,V711ey ROOF PITCH PER PLAN construction/ordering of materials. With au411tyBn//dmgM4teNa/s" ROOF CAP FINISH MATERIAL 2120 Main Street 15#FELT&ICE GUARD 5'FROM GUTTER R49 ATTIC INSULATION 1/2"OSB ROOF SHEATHING W/CLIPS PROPER VENTS AT EAVE Cedar Falls,IA TRUSS SYSTEM PER MANUFACTURER TRUSSES 2'OC 319-266-2668 DRIP EDGE ALUMINUM SOFFIT/FASCIA 5/8"OR 1/2" GUTTER ~ NO SAG DRYWALL@ CEILING CUSTOMER: 2 x 6 FASCIA R21 WALL INSULATION EXTERIOR SIDING 1/2"DRYWALL TYVEK HOMEWRAP -LL 7/16"WALL SHEATHING 2 X 6 STUDS 16"OC EGRESS AS REQUIRED TEMPERED AS REQUIRED 2 x 6 TREATED BOTTOM SILL PLATE SILL SEAL aruaie°PER i�. ANCHOR BOLTS ~ 4"MIN.REINFORCED • R CONCRETE SLAB 2"FOAM GRADE TO BE DETERMINED ° MOISTURE BARRIER 8"CONCRETE ~ 4"MIN.COMPACTED GRAVEL DRAIN MATERIAL W 16"x 8"CONCRETE FOOTING w/REBAR ~ • J 1/2"REBAR W1. WALL SECTION - NOT TO SCALE � � /^) 0 V v \/� 7W r-—-—-—-—-—-—-- --—-—-—-—-—-—-- / I w O TRAY CEILING I TRAY CEILING 1 0 J BUILT INTO TRUSS I BUILT INTO TRUSS I I I I L-------------J L-------- J 4/ 12 4/ 12 START DATE: 01-20-2025 LAST UPDATED: 05-16-2025 05-29-2025 51, 4/ 12 4/ 12 \8/12 LSE GABLE FALSE GABLE DRAWING TYPE ROOF /8/12 8/12 8/12 OVERVIEW O THESE PLANS ARE INTENDED BY BUILDERS SELECT FOR USE BY BUILDERS WHO ARE (V ACKNOWLEDGEABLE AND EXPERIENCED IN NORMALCONSTRUCTION STANDARDS, STATE AND LOCAL CODES AND PRACTICES. BUILDERS SELECT IS NOT A LICENSED ARCHITECT. BUILDERS SELECT SPECIFICALLY DISCLAIMES ANY WARRANTIES HEREIN AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS HEREIN OR FOR IMPROPER CONSTRUCTION BY THE USER OF THESE PLANS. DRAWN BY: Janean Page 245 of 339 art-- - _ _ _ �• ' �- - - - :� +���*�� ' ���. �_-, _ - _ - - -��• - _ _`=tet= - - -- - �-• - �: '--- - - --=` - -�-�_ - y u� tom+ � � -- _ _ - - -_ �� ice- � � __ ��-�i u - _. - _ti L�x� -�-�- -.. _ � �q�.�- _ ___ 4 ~.RT- _ __- •,���._•i -_ -_ - - _ - _ c•- — _ — - a: rt�_ - - yY_ _ - r. _a�`- _ - -1 Y•y:}'-- y'{t '��- - - t-_-ai�+ _.�-` _ }}- =4 y}_ yy _ y __ _ -yam - r_ �_ Page 4• of • Index Legend Location Parcels "C" & "D" NW 114 Description: Section 22, T89N, R13W City of Waterloo, Iowa Requestor: Noel Anderson, City of Waterloo Proprietor: City of Waterloo, Iowa Surveyor: William W. Castle Surveyor City of Waterloo Engineering Department Company: 715 Mulberry Street, Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312 Plat of Survey Parcels "C"& "D', Northwest Quarter, Section 22, Township 89 North, Range 13 West of the 5th PM, City of Waterloo, Black Hawk County, Iowa Legal Description, Parcel "C": A survey of Parcel"C"of the Northwest Quarter(NW 1/4)of Section 22,Township 89 North(T89N),Range 13 West(R13W)of the Fifth Principal Meridian(5th PM),being a portion of Lots A and B,Hummel Addition,City of Waterloo,Black Hawk County,State of Iowa,and being more particularly described as follows: Commencing at the southeast corner of Lot B,Hummel Addition;thence South 89°11'56"West along the south line of said Lot B 16.00 feet to the west line of the East 16 feet of said Lot 8 and also being the southeast corner of Parcel"D"of the Northwest Quarter(NW 1/4)of Section 22; thence continuing South 89°11'56"West along the south lines of said Lot B and said Parcel"D"83.52 feet to the point of beginning;thence continuing South 89"11'56"West along the south line of Lots 8 and A of Hummel Addition 82.81 feet to the current east right-of-way of Ansborough Avenue;thence North 00'01'56"West along said east right-of-way fine 285.64 feet to an angle point;thence North 59°11'32"East along said east right-of-way line 76.64 feet to a line 11 feet east of and parallel with the west line of said Lot B,Hummel Addition;thence South 00°06'05"West along said parallel line 223.99 feet;thence North 89°08'31"East 15.69 feet to the northerly extension of the east line of the alley lying between Lots 1 through 11 and Lots 61 through 71 in First Addition to Galloway;thence South 01°05'27"East along said northerly extension 99.99 feet to the point of beginning containing 21,608 square feet(0.50 acres). Legal Description, Parcel "D": A survey of Parcel"D"of the Northwest Quarter(NW 1/4)of Section 22,Township 89 North(T89N),Range 13 West(R13W)of the Fifth Principal Meridian(5th PM),being a portion of Lot B,Hummel Addition,City of Waterloo,Black Hawk County,State of Iowa,and being more particularly described as follows: Commencing at the southeast corner of Lot B,Hummel Addition;thence South 89"11'56"West along the south line of said Lot B 16.00 feet to the point of beginning;thence continuing South 89"11'56"West along the south line of said Lot B 83.52 feet to the northerly extension of the east line of the alley lying between Lots 1 through 11 and 61 through 71 in First Addition to Galloway;thence North 01`05'27"West along said northerly extension 99.99 feet;thence North 89°08'31"East 85.30 feet to the west line of the East 16 feet of said Lot B;thence South 00'04'18"East along the said west line of the East 16 feet 100.08 feet to the point of beginning containing 8,444 square feet(0.19 acres). Parcels"C"and Parcel"D"described above represent a partition of the parcel(except the east 16 feet thereof in even width)first described in an agreement recorded as Doc.No.2018-14847,next described in an Agreement Amendment recorded as Doc.No.2020-19656,then in a Warranty Deed recorded as Doc. No.2020-19657,and last described in an Agreement Termination recorded as Doc.No.2022-4298 all in the retards of the Black Hawk County Recorder's Office. This Plat or Subdivision s been reviewed by City of Water /��oz3 ity Planner or designer a ate I hereby certify that this surveying document was prepared Survey Notes: �gSlO NqLC�, and the related survey work was performed by me or under 1. The Bearings shown on this survey are derived from GPS �O�•e°°••°e• 7iyO my direct personal supervision and that I am a duly licensed observations using the Iowa State Plane Coordinate System,North Q • WILLIAM o tri end Surveygr t laws of the State of Iowa. Zone,NAD 83(2011). oG r/fir/ 2. All dimensions are in US Survey feet and decimals thereof. C • W' ° /��hpZ3 3. Parcel letters"C"&"D"assigned by the Black Hawk County • CASTLE ° us • • m Auditor's Plat Room on July 24,2023. t)�°• 93775 ;�� William W.Castle,PLS Date 4. Parcel"C"area: 21,608 square feet(0.50 acres). *• °*� License Number 19715 S. Parcel"D"area:8,444 square feet(0.19 acres). 10 W A My License Renewal Date is December 31,2023. 1 Pages or sheets covered by this seal: fn JJ City of Waterloo Engineering Department Drawn By: WWC Scale: Sheet No. 715 Mulberry Street, Waterloo, Iowa 50703 Field Work Date: 6-22, 7-11, 7-21-2023 1 of 3 Phone: (319) 291-4312 Fax: (319) 291-4262 Date Drawn:7-27-2023 — — age ot 331d William W.Castle,PLS City of Waterloo Engineering Department 715 Mulberry St,Waterloo,IA 507U3 (319)291-4312 Plat of Survey Parcels "C"& "D'; Northwest Quarter, Section 22, Township 89 North, Range 13 West of the 5th PM, City of Waterloo, Black Hawk County, Iowa Plat Legend: • Found Monument 0 20 40 O Set 518"x 24"Rebar w/Blue Cap"Iowa-19715" ® Cut"X"in concrete,found or set Scale:1 inch=40 feet A Found section comer monument A Set section comer monument 123.46 Record Measurement 1123.45,E Field Measurement �I #A Per Survey CLD Book 639 Page 563 #0 Per Parcel Rezoning Request description presented to the City of Waterloo Planning and 2o'p"`I/ip Zoning Commission on September 1,2015. 6. l _ Ro LyF�T FD.REBAR WIALUMINUM CAP "IA DOT ROW' WEST LINE (TYPICAL UNLESS LOT B NOTED) _ 11' m ] d-^ J a' 1 N 1I LOT 8 N - LOTS LOTA w HUMMEL ! o HUMMEL o ADDITION z c u� ADDITION M IZ r`n w to j > m p V Iti WEST LINE EAST LINE D Ur tp Lo LOT B LOT B J uJ CO C 4 w GO W ii PLATTED 10' _ o -r rr PUBLIC ALLEY wr z N o PARCEL C r c 21,608 SF Z 0.50 AC ° Z LL- S 89°25'28"E 116.68,A O (N 89°08'31"E 116.99') (N 89°08'31"E) ($5.30') (N 8(16.00 E) WEST LINE LOT A S 89025'28"E I TO B EXCEPTION OF EAST (N 89°08"31" E 15.69') m 16 FEET PER DOC. 16' r, NO.2018-14847 d o Obi G? lJJ o 17 0 W 3: M PARCEL "D"' � q LOT 7 - a 00 - N �- 8444 SF o Q N r o "' 0.19 AC p M0 N d C U ) " O 0 t7 G (n W 114 CORNER Z PO " SEC.22,T89N,R13W N PARCEL DB SURVEY NAIL IN HMA (S 89'11'56"W) PER USPLSCC DOC. N 89e 25'28"W 82.9T$ (S 89°11'56"W) 2020-8452 (S 89°11'56"W 82.81') (83.52') p0B�' N 89°25'28"W 98.94's POC PARCELS (N 00°46'04"E) PARCEL"C" (S 89°11'56"W 99.52') "C"&"D" (30.38') S 89°25'28"E 181.91'A FD.1"PINCHED (S 89°11'56"W 182.33') UPTON AVENUE PIPE I 60'PUBLIC ROW (N 89°11'56"E) NORTH EXTENSION OF (49.71') EAST ALLEY LINE I City of Waterloo Engineering Department Drawn By: WWC Scale: 1" =40' Sheet No. 715 Mulberry Street, Waterloo, Iowa 50703 Field Work Date: 6-22, 7-11, 7-21-2023 2 of 3 Phone: (319) 291-4312 Fax: (319) 291-4262 Date Drawn:7-27-2023 — — Page 248 of 339 William W.Castle,PLS City of Waterloo Engineering Department 715 Mulberry St,Waterloo,IA 50703 (319)291-4312 Plat of Survey Parcels "C"& "D", Northeast Quarter, Section 22, Township 89 North, Range 13 West of the 5th PM, City of Waterloo, Black Hawk County, Iowa N 60'38'58">=76.67 A'B \ 0 40 80 r WEST LINE LOT B �^� (N 59-11-32"E 76.64) �� Scale:1 inch=80 feet LOT M'4)"VAI? HUMMEL 2Q P RD TREE, LOT A m ADDITION 1 pow HUMMEL ¢-C> ST LINE 1 ADDITION M NL T B Ul Z ° C4 ( 8 7 6 5 in ( HARRY HUMMEL'S 1 a. (� N W SUBDIVISION OF LOT Lto Ld 6 00 g, 1 C, HUMMEL ADDITION cv J c N (N 89°08'31" ] o -j !� V t7(N (15.69') (N 89°08'31"E 16.00') a Q c � 9°08'31"E) S 01°33'52"W 100.02'A•e © Z Q. (85.30') (S 89°08'31"E 100.10') .. y [ I } (S 00°04'18"E 10DA8') WEST LINE r~ LOT " c PARCEL a, 1 2 3 4 1 'r "D" 16 FOOT EXCEPTION PER DOC.NO.2018-14$47 Q [ [ L Z POC PARCELS"C"&"D"FD.1"PINCHED PIPE FD.#5 REBAR (S 89011'56"W) (S 89011'56"W) (S 89011'56"W) WIALUMINUM CAP16.00' 1A DOT ROW" ($2.81') (83.527 CAP (16.00.) UPTON AVENUE (TYPICALUNLESS �' 196'c(195.82') 60'PUBLIC ROW 4'05t7' (N 88°54'32"E) 120' FD.314" 16'o(16.2T) OPEN PIPE LO FD.1" 71 LO LO m 72 FD.#4 REBARPINCHED PIPE WIYELLOW ID CAP "IOWA-8033" 73 70 u, u� LP 3 >- 69 Q 74 LU a 14 L 68 p W 75 LU s 76 v LR 5 Lo LO6!c+j V CV LU f1] Z � �o z Wa 77 o a 1 6 wQ 66 ti Lu p �� Q Q o � Q 0 1 7 65 'C-'-) Q 78 Q ' U- o FD.#5 REBAR 64 b 0 79 8 WIRED CAP "IOWA-12088" Plat Legend: • Found Monument SQ O Set 5/8"x 24"Rebar wlBlue Cap"Iowa- 9 m 63 v 19715" `r ua'i N ® Cut"X"in concrete,found or set U A Found section tamer monument N81 v 62 81 Q Set section comer monument o 123.45, Record Measurement (123.45') Field Measurement c( ,) #B Per SurveyCLD Book 639 Page 563 16' 15.96 61 9 82 # Per Parcel Rezoning Request description o 11 FD 1" presented to the City of Waterloo � 120' OPEN PIPE Planning and Zoning Commission on 105.55' September 1,2095. FD.1" 136'c(136.85') STRATFORD AVENUE #` Per First Addition to Galloway Plat OPEN PIPE (N 68'55'02"E) 60'PUBLIC ROW City of Waterloo Engineering Department Drawn By: WWC Scale: 1" = 80` Sheet No. 715 Mulberry Street, Waterloo, Iowa 50703 Field Work Date: 6-22, 7-11, 7-21-2023 3 of 3 Phone: (319) 291-4312 Fax: (319) 291-4262 Date Drawn:7-24-2023 -- — age 49 OT 339 Property outlined in Yellow wLYNARN AVE. i.,.' + _ '•{ y gyp, a _ .k- . TON Vy 1 6w iry Y �1F7C7N I1f,vi UProN !1J N Lll'�ON I1PT()?4 uProN AVE. 4VEE AVEC SAVE.` AVE: AVE. AVE. J a Page 250 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director August 18, 2025 Planning & Zoning Department AGENDA ITEM TITLE Sale and conveyance of approximately 0.20 acres of city-owned property, located northeast of 326 West 14th Street, in the amount of $1.00, to 5 Bees, LLC, including a Development and Minimum Assessment Agreement. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a resolution for the sale and conveyance of approximately 0.20 acres of city-owned property, located northeast of 326 West 14th Street, in the amount of $1.00, to 5 Bees, LLC, with a Development Agreement and Minimum Assessment Agreement, for the construction of 2,560 square foot commercial building, with an approximate value of $178,000.00, and options for additional land, and instruct the City Clerk to publish notice. The developer also has options on two additional parcels of land described in Exhibit A-1 and Exhibit A-2 of the development agreement. The city already owns the land described in Exhibit A-1, and if the land in Exhibit A-2 is acquired by the city, the company has the option to purchase the second property. The developer will utilize the Consolidated Urban Revitalization Area for tax abatement incentives. NEIGHBORHOOD IMPACT A new building was constructed to the northwest of this property in 2023, and this new building will continue redevelopment of this area and be a good infill project. All necessary utilities are in place, and the new building will help to increase property values in this area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Economic development and land use. COMMUNITY ENGAGEMENT METHODS Public hearing for the sale and conveyance of city-owned property. Page 251 of 339 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Land being conveyed for new building: The Northeasterly One-half of Lots 9 and 10 and the Northeasterly 2 feet of the Southwesterly One- half of Lot 9 in Block 56 in Anthony Baker's Addition to the City of Waterloo, in Black Hawk County, Iowa. (Also known as Assessor Parcel No: 8913-25-377-006) Option One Property The Southwesterly 35 feet of Lots Nos. 9 and 10 in Block No. 56 in Anthony Baker's Addition to the City of Waterloo, Black Hawk County, Iowa. (Also known as Assessor Parcel No: Parcel No. 8913-25-377-008) Option Two Property The Southeasterly one-half of Lots nos. Nine (9) and Ten (10), except the Southwesterly Thirty-Five (35) feet thereof and except the Northeasterly Two (2) feet of the Southwesterly one-half of said lot No. Nine (9) in Block No. Fifty-Six (56) in Anthony Baker's Addition to the Village of Waterloo, in Black Hawk County, Iowa. Commonly known as: 326 W. 14th Street (Also known as Assessor Parcel No: 8913-25-377-007) ATTACHMENTS 1. Development Agreement 2. Aerial Map Page 252 of 339 1 Prepared b Austin J.McMahon Lange.&McMahon.PLC 222 151 St.E, Independence,1A 50614 319 3344488 DEVELOPMENT AGREEMENT This Development Agreement(the"Agreement") is entered into as of , 2025 by and between 5 Bees, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company is willing and able to undertake, or cause to be undertaken, the financing and construction of a building and related improvements on the property described in Exhibit A ("Property")., B. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company in its as-is condition for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements sending the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes, Company is responsible to conduct its own due diligence and Page 253 of 339 inspections. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Improvements (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 2. Improvements by Company. Company shall construct a 40' x 64' (2,560 square foot) building as well as related landscaping, storm water detention, paving, signage and parking improvements (collectively, the "Improvements"). Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban revitalization 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 development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." City agrees to reasonably cooperate with Company in order to obtain financing for the Project, including, but not limited to, consenting to Company's mortgage of the Property in order to secure said financing. 3. 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. Deadlines to commence and complete. Company must begin construction of the Improvements within six(6) months after the date of this Agreement and Substantially Complete construction within fourteen (14) months after the date of this Agreement (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 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 Substantially Complete construction of the Improvements on the schedule stated above, then City may terminate this Agreement as set forth in Section 11, 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, 2 Page 254 of 339 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, City's delay in issuing to Company a necessary permit for the Improvements or the certificate of occupancy with such delay being wholly caused by the City, 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. 4. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services, if any, to the Property and for payment of any associated connection fees. 5. 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$178,000.00 (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. 6. City Incentives. City agrees to provide the following incentives in support of the Project: A. Tax Abatement. 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, provided that Company meets all requirements to qualify for such exemption. 7. Purchase Rights - Assessor Parcel No. 8913-25-377-008. As an additional incentive in furtherance of the Project, the City is the current owner of the property described in Exhibit A-1, and the City confers onto Company an Option to Purchase and Right of First Refusal with respect to the same as follows: 3 Page 255 of 339 A. Option for Additional Land. For a period of 7 years from the date of this Agreement, provided that Company is not in default under the terms of this Agreement, Company shall have an option to purchase the real property described in Exhibit "A- 1" attached hereto (the "A-1 Option Property") for the sum of$1.00. In connection with the exercise of such option, Company shall enter into a development agreement and minimum assessment agreement with respect to an expansion or new project on the A-1 Option Property that is comparable in scale to other projects on similarly sized parcels in the Urban Renewal Area. The parties agree that a project on the A-1 Option Property will be entitled to incentives commensurate with the project as prescribed by City development policies, up to substantially the same incentives that are provided for the Project under this Agreement. The option may be exercised at any time on or before the seventh (7t') anniversary of the date of this Agreement by delivery of written notice of exercise to City. Within ten (10) days following delivery of the option notice, the parties shall execute a written purchase agreement in form acceptable to City, which purchase agreement shall require, among other things, that Closing shall occur on a date to be agreed upon by the parties following delivery of the option exercise notice, which date shall be within sixty (60) days of delivery of said notice. B. Right of First Refusal. For a period of 7 years from the date of this Agreement, provided that Company is not in default under the terms of this Agreement, Company shall also have a right of first refusal with respect to the A-1 Option Property. Upon receipt of written notice from City that includes the terms and conditions of a bona fide third-party offer for all or any portion of the A-1 Option Property, Company shall have a period of fifteen (15) days in which to exercise its right of first refusal to purchase the subject portion of the Option Property, on the same terms and conditions as are set forth in the offer, with a purchase price of $1.00. Company shall exercise the right by delivery of written notice to City, and thereafter Company and City shall act with diligence to close on said transaction and to execute any related documents required by the offer. 8. Purchase Rights - Assessor Parcel No. 8913-25-377-007. As an additional incentive in furtherance of the Project, in the event that the City acquires the property described in Exhibit A-2, Company shall have an Option to Purchase and Right of First Refusal with respect to,the same as follows: A. Option for Additional Land. In the event that the City acquires ownership of the A-2 Option Property, and provided that Company is not in default of this Agreement, Company shall have an option to purchase the real property described in Exhibit °A-2" attached hereto (the °A-2 Property" or the "A-2 Option Property") for the sum of$1.00. In connection with the exercise of such option, Company shall enter into a development agreement and minimum assessment agreement with respect to an expansion or new project on the A-2 Option Property that is comparable in scale to other projects on similarly sized parcels in the Urban Renewal Area. The parties agree that a project on the A-2 Option Property will be entitled to incentives commensurate with the project as prescribed by City development policies, up to substantially the same incentives that are provided for the Project under this Agreement. The option may be exercised at any time within seven (7)years of the date of the City's acquisition of the A-2 Option Property by delivery of written notice of exercise to City. Within ten 4 Page 256 of 339 (10) days following delivery of the option notice, the parties shall execute a written purchase agreement in form acceptable to City, which purchase agreement shall require, among other things, that Closing shall occur on a date to be agreed upon by the parties following delivery of the option exercise notice, which date shall be within sixty (60) days of delivery of said notice. B. Right of First Refusal. In the event that the City acquires ownership of the A-2 Option Property, and provided that Company is not in default of this Agreement, Company shall also have a right of first refusal with respect to the A-2 Option Property for a period of seven (7) years from the date that City acquired ownership of the A-2 Option Property. Upon receipt of written notice from City that includes the terms and conditions of a bona fide third-party offer for all or any portion of the A-2 Option Property, Company shall have a period of fifteen (15) days in which to exercise its right of first refusal to purchase the subject portion of the A-2 Option Property, on the same terms and conditions as are set forth in the offer, with a purchase price of$1.00. Company shall exercise the right by delivery of written notice to City, and thereafter Company and City shall act with diligence to close on said transaction and to execute any related documents required by the offer. 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 with respect to the Improvements: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. During construction of the Improvements and thereafter until the MAA termination date, Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until the MAA termination date, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and 5 Page 257 of 339 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 (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property conveyed to it. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: 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. 6 Page 258 of 339 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. 11. Indemnification. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its members, managers, 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. The provisions of this Section shall survive the expiration or termination of 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 construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; 7 Page 259 of 339 B. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; 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 any of Property. E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 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, if any, 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. 8 Page 260 of 339 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. 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. 15. 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. 16. 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. 17. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at Jonathan Brundrett, P.O. Box 655, Waterloo, IA 50704 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 9 Page 261 of 339 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. 18. 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. 19. 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. 20. 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. 21. 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. 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. 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 multiple 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, 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. 10 Page 262 of 339 CITY OF WATERLOO, IOWA 5 BEES, LLC By: By; Quentin M. Hart, Mayor a�1Atr%tAO ZC V mVcc1T Attest: Title: i4ri*4�wfj Amher Kelley Felchle, City Clerk f'. Page 263 of 339 EXHIBIT "A" Description of Propertx The Northeasterly One-half of Lots 9 and 10 and the Northeasterly 2 feet of the Southwesterly One-half of Lot 9 in Block 56 in Anthony Baker's Addition to the City of Waterloo, in Black Hawk County, Iowa. (Also known as Assessor Parcel No: 8913-25-377-006) Page 264 of 339 EXHIBIT A-1 Description of Property The Southwesterly 35 feet of Lots Nos. 9 and 10 in Block No. 56 in Anthony Baker's Addition to the City of Waterloo, Black Hawk County, Iowa. (Also known as Assessor Parcel No: Parcel No. 8913-25-377-008) l I E 2 Page 265 of 339 EXHIBIT A-2 Description of Property The Southeasterly one-half of Lots nos. Nine (9) and Ten (10), except the Southwesterly Thirty-Five (35) feet thereof and except the Northeasterly Two (2) feet of the Southwesterly one-half of said lot No. Nine (9) in Block No. Fifty-Six (56) in Anthony Baker's Addition to the Village of Waterloo, in Black Hawk County, Iowa. Commonly known as: 326 W. 14ffi Street (Also known as Assessor Parcel No: 8913-25377-007) 3 Page 266 of 339 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2025, by and among the CITY OF WATERLOO, IOWA ("City"), 5 BEES 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 a property within a designated urban revitalization area of the City, 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 § 404.3C, 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 $178,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by July 31, 2026 the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2035. 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 4 Page 267 of 339 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 § 404.3C 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 (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. 5 Page 268 of 339 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] 6 Page 269 of 339 CITY OF WATERLOO, IOWA 5 BEES, LLC By: By: Quentin Hart, Mayor 4Jothan Brundrett By: Title: rOem beK Kelley Felchle, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 2025, 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 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on cla44 2# 2025 by NArn4PV4 t'Z.utinee r t'_ _ as (title) of 5 Bees, LLC. TIM ANDERA COMMISSION NO.7725118 w coMMissioN E"I Notary Pbbfic rowA APRIL 11,2027 Page 270 of 339 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 upon completion of the improvements to be made on it, certifies that the actual value assigned to the land and improvements upon completion shall not be less than One Hundred Seventy-Eight Thousand and 001100 Dollars ($178,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) SS. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2025 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 271 of 339 New building on lot outlined in Yellow. Option one lot outlined in Blue, and second option lot outlined in Green Akti rr. 4 { A# R' t M1 .01 y• 2 rr YX ` 1' a Page 272 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director August 18, 2025 Planning & Zoning Department AGENDA ITEM TITLE Sale and conveyance of city-owned property located south of 427 Iowa Street, to Iowa Heartland Habitat for Humanity, in the amount of $1.00, for the rehabilitation of 427 Iowa Street in the Walnut Neighborhood, including a Development Agreement. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo acquired the property south of 427 Iowa Street through tax sale. The property includes the addition to 427 Iowa Street. 427 Iowa Street is owned by Iowa Heartland Habitat for Humanity and is being rehabilitated. The property to the south with the addition is being requested to be sold and conveyed to Iowa Heartland Habitat for Humanity to allow for the rehabilitation of the entire home and for the home to be sold to a Habitat family when complete. The additional area was acquired by the City separate, and was not available to be included when the home was purchased by Habitat. NEIGHBORHOOD IMPACT The request would appear to have a positive impact on the neighborhood as the sale and conveyance will help to rehabilitate a dilapidated home in the Walnut Neighborhood. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 273 of 339 LEGAL DESCRIPTION Parcel No. 8913-24-163-009 Legal Description South 22 feet of the North 63 feet of Lot 18, Block 29, Railroad Addition to Waterloo, Iowa. ATTACHMENTS 1. 427 Iowa - Habitat D.A. - 891324163009 Page 274 of 339 Preparer: Austin J. McMahon, Lange& McMahon, PLC, 222 151 St. E., Independence, IA (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 2025, by and between Iowa Heartland Habitat for Humanity ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company owns the real property locally known as 427 Iowa Street and City owns Parcel No. 8913-24-163-009 (as described in Exhibit A) upon which is situated an addition to the structure already existing on 427 Iowa Street (collectively, the "Property"). The Property is located within the Urban Renewal Area. B. Company is willing and able to finance rehabilitation, development, or improvements ("Improvements" or "Project") as provided in this Agreement on the Property, and the City is willing to convey ownership of Parcel No. 8913-24-163-009 to Company for that purpose. C. 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 Parcel No. 8913-24-163-009 to Company for the sum of $1.00 (the "Purchase Price") within six (6) months of the date of this Agreement. Conveyance shall be by quit claim deed. 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 Parcel No. 8913-24-163-009 in its "as is" condition, without any warranty from City, expressed or implied, as to the condition of the Page 275 of 339 Parcel No. 8913-24-163-009, its marketability, or its fitness for any particular purpose. At its own cost Company shall renovate, rehabilitate, or otherwise improve the existing structure on the Property to create a single-family dwelling to a finished state, including sidewalk, 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" or the "Project"). 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 undertaking the Improvements 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. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to perform the Improvements in a timely manner constitutes a material inducement for the City to convey the Parcel No. 8913-24-163-009 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 from the date of this Agreement (the "Commencement Date") and must Substantially Complete construction within fourteen (14) months thereafter (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" means that the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of any phase of the Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or reverter of title. If Company does not begin 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 12, 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 2 Page 276 of 339 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 12, 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 Property or to compensate Company for any value added to the Project Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Target 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 Target 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 Target 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 Target Property of any type or nature whatsoever that attaches to the Target Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. To the extent applicable, 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 Project Property and for payment of any associated connection fees. 6. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Target 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 Target Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 3 Page 277 of 339 7. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Target 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. 8. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: 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. 4 Page 278 of 339 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. 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. 11. 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 Target 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 5 Page 279 of 339 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 Target 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. 12. 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 Target 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. 6 Page 280 of 339 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project Property arising after Company's acquisition of the Target 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 directors, officers, employees, contractors or agents, or any other person who may be on or about the Project Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity 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 Target 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. 14. 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. 15. 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, 7 Page 281 of 339 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. 16. 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. 17. 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, Attention: Mayor, with copies to the Community Planning and Development Director. (b) if to Company, at 803 W. 5t" 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. 18. 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. 19. 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. 20. 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 8 Page 282 of 339 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. 21. 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. 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, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, 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. 9 Page 283 of 339 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 Date: Date: Attest: Kelley Felchle, City Clerk 10 Page 284 of 339 EXHIBIT A Description of Parcel No. 8913-24-163-009 South 22 feet of the North 63 feet of Lot 18, Block 29, Railroad Addition to Waterloo, Iowa. Page 285 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Todd Derifield, Leisure Services Interim Director August 18, 2025 Leisure Services Department AGENDA ITEM TITLE Resolution approving a Hold Harmless Agreement with Cedar Valley Catholic Schools of Waterloo, Iowa, in conjunction with student and parent ingress and egress through Miller Park off Carolina Avenue for the 2025-2026 school year, and beyond , 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 Page 286 of 339 1. CVCS agreement signed Page 287 of 339 HOLD HARMLESS AGREEMENT This Hold Harmless Agreement (the "Agreement") is entered into between the City of Waterloo, Iowa(the"City") and Cedar Valley Catholic Schools, Waterloo, Iowa("CVCS") as of VaIcJ , 2025. RECITALS A. CVCS desires to encourage parents to drop off and pick up their children at Saint Edward Elementary School at the north side of Miller Park("Property")near the intersection of Carolina Avenue and Hale Street to avoid traffic congestion on Mitchell Avenue throughout the school year. AGREEMENT NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. CVCS employees,parents, students, friends and relatives may enter upon the Property and shall undertake their activities in and upon the Property, in the "AS IS" condition of Property and at their sole risk. City shall have no liability for injury, loss or damage suffered by CVCS employees, parents and students, or anyone else that arise from or in connection with the acts or omissions of CVCS as contemplated by this Agreement. Apart from and separate from any insurance required under this agreement, CVCS agrees to indemnify, defend and hold harmless, the City and it's employees from and against any injuries, claims, demands, causes, losses, liability or damage whatsoever, including but not limited to reasonable attorney fees and expenses and costs which arise out of or in any way connect with the activities of CVCS, it's employees, contractors, subcontractors, agents, students,parents, friends, relatives on the Property. CVCS acknowledges that snow and ice will accumulate on the grass park surface and shall be solely responsible for clearing the same. The duties of CVCS under this paragraph shall survive the expiration or termination of this Agreement. 2. Before initiating Property ingress and egress, CVCS shall add the City as a named insured on its General Liability policy, on a primary and non-contributory basis, including a waiver of subrogation in favor of the City against any liabilities that may arise. Said policy shall have limits no less than$1,000.000 combined single limit per occurrence and$1,000,000 aggregate for personal injury and property damage. Proof of such coverage shall be fiirnished to the City prior to the start of the school this fall, and upon request thereafter. CVCS shall maintain such insurance in effect throughout the Project and for at least 12 months thereafter. 3. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. It may be modified only in a written instrument signed by the parties. This Agreement shall be in force until either or both parties cancel the same with thirty days' notice. Page 288 of 339 4. This Agreement may be signed in one or more counterparts, each of which, including but not limited to signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all or which, taken together, shall constitute one instrument. IN WITNESS WHEREOF, the parties have executed this Hold Harmless Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Tom Novotny Chief Administrator, CVCS Attest: Kelley FeIchle, City Clerk Page 289 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Bill Beck, Fire Chief August 18, 2025 Fire Rescue Department AGENDA ITEM TITLE Resolution approving a Professional Services Agreement with Public Consulting Group, in the amount of five percent of federal share of reimbursements received from participation in the Ground Emergency Medical Transport program for each cost reporting cycle covered under said agreement and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION _ Authorize the mayor to execute the agreement. 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 290 of 339 1. IA GEMT Waterloo FY25-FY27 7.29.25 Page 291 of 339 PUBLIC CONSULTING GROUP City of Waterloo SoluliDns that Matter PUBLIC CONSULTING GROUP EMERGENCY SERVICES AGREEMENT This Services Agreement("Agreement") is entered into by and between City of Waterloo ("CLIENT") and Public Consulting Group LLC ("PCG") as of July 1, 2025 ("Effective Date"). WHEREAS, The Centers for Medicare and Medicaid Services (CMS) allows states to establish alternative payment methodologies for certain classes of providers, including ambulance providers, and WHEREAS, PCG possesses professional skills that can assist CLIENT in analyzing and reporting costs to secure "supplemental payments", and WHEREAS, CONTRACTOR is under contract with Iowa Emergency Services Association ("IEMSA") to provide GEMT services to its membership, and WHEREAS, CLIENT wishes to engage PCG as an independent contractor to perform professional services in connection with this initiative; THEREFORE, for good and valuable consideration, the receipt and adequacy of which is acknowledged, CLIENT and PCG hereby agree as follows: 1. Description of Services. PCG will provide the professional services assigned by CLIENT and more fully described in Attachment A(the "Contracted Services"). PCG acknowledges and agrees that time is of the essence in the value of the Contracted Services, and shall render such Contracted Services in a prompt and diligent manner. 2. Term. The Agreement will be effective from the Effective Date through June 30, 2028, unless this Agreement is terminated earlier pursuant to Section 4 or extended by written agreement of the parties. Unless otherwise specified by CLIENT in writing, PCG will provide the Contracted Services for the full duration of this Agreement. PCG and CLIENT acknowledge that the program services described in Attachments A and B are dependent on receiving state and federal program approval, and it may be necessary to extend the term of this Agreement to receive additional reimbursements. Upon the expiration or termination of this Agreement for any reason all rights granted hereunder shall immediately terminate except for those concerning compensation, confidentiality, intellectual property, or any other provision that,by its terms, is intended to survive the expiration or termination of this Agreement. Specifically, notwithstanding the expiration or termination of the Agreement, CLIENT will compensate PCG as set forth herein with respect to any reimbursements CLIENT receives after the expiration or termination of this Agreement that are the result of the Contracted Services. Page 1 Page 292 of 339 PUBLIC CONSULTING GROUP City of Waterloo Solutions that Matter 3. Compensation. CLIENT will compensate PCG pursuant to the provisions contained in Attachment B and this Section 3, and unless the parties agree otherwise in writing, shall not pay PCG any other benefits, expenses, or compensation. a. CLIENT will compensate PCG within 30 days following the receipt of billing statements from PCG that comport with the terms of this Agreement. PCG shall submit billing statements directly to the CLIENT Contact Person identified in Section 5. b. Upon termination or expiration of this Agreement, PCG will be entitled to receive compensation for Contracted Services satisfactorily provided prior to the effective date of termination or expiration. 4. Termination. This Agreement may be terminated immediately by either party following a material breach of this Agreement and a failure to cure such breach within a reasonable period after written notice. Such reasonable period shall be no less than 10 business days. Termination of this Agreement will not discharge the obligations of the parties with respect to the protection of Proprietary or Confidential Information. 5. Notices and Contact Persons. Any notices, requests, consents and other communications hereunder shall be in writing and shall be effective upon any of the following: (1) when delivered personally to the person designated below to receive notices for the party(the party's "Contact Person"); (2)when e-mailed to the party's Contact Person at the e-mail address listed below with an acknowledgment of receipt; or (3) five days after being deposited into the United States mail (either certified mail with return receipt requested, or first class postage prepaid), addressed to the party's Contact Person at the address set forth below. The individuals listed below shall serve as each party's Contact Person for purposes of this Agreement unless the party replaces the Contact Person by written notice to the other party as required by this Section: For PCG: For CLIENT: Brian Carnes Jason Hernandez Senior Consultant Medical Supervisor Public Consulting Group LLC City of Waterloo 148 State Street, 10th Floor 425 E 3rd Street Boston, MA 02109 Waterloo, IA 50703 (346) 437-8398 Jason.Hemandez@Waterloo-IA.org bcarnes@pcgus.com 6. Relationship of the Parties a. The parties agree that PCG is an independent contractor, and that neither it nor any of its employees is an employee, agent,partner, or joint-venturer of CLIENT. Page 2 Page 293 of 339 PUBLIC CONSULTING GROUP City of Waterloo SolutiDns that Matter b. PCG shall secure and maintain all insurance, licenses, and/or permits necessary to perform the Contracted Services. PCG shall be responsible for paying its employees, and for paying all applicable state and federal taxes including unemployment insurance, social security taxes, and state and federal withholding taxes. PCG understands that neither it nor its employees will be eligible for benefits or privileges provided by CLIENT to its employees. CLIENT shall deliver to PCG statements of income at the end of each tax year consistent with its independent contractor status. C. Except as may be otherwise provided in this Agreement, PCG has complete and exclusive authority over the means and methods of performing the Contracted Services, need not adhere to policies and procedures applicable to CLIENT employees, and may perform the Contracted Services according to its own schedule at its own offices or at any other location. PCG shall hire its own employees,use its own tools and equipment, and purchase its own supplies. d. PCG has no authority to and shall not purport to bind, represent, or speak for CLIENT or otherwise incur any obligation on behalf of CLIENT for any purpose unless expressly authorized by CLIENT. e. At CLIENT's written request, PCG shall provide to CLIENT: (i) its federal employer tax identification number; and(ii) copies of any applicable business licenses. 7. Record Maintenance. With respect to all records of any kind that PCG acquires or creates for purposes of performing the Contracted Services, PCG shall not knowingly destroy records that are required to be preserved by law and shall maintain project records in an orderly manner. 8. Insurance. PCG shall maintain during the term of this Agreement such insurance, including general liability and worker's compensation insurance, as will fully protect both CLIENT and PCG from claims that may arise from PCG's performance of the Contracted Services. Each party agrees to indemnify the other party and its officers, employees, and other agents from any and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts of omissions of the party, its officers, agents, or employees. 9. Assignment. This Agreement may not be assigned by either parry without the prior written consent of the other party, which consent may not be unreasonably withheld or Page 3 Page 294 of 339 PUBLIC CONSULTING GROUP City of Waterloo SoluliDns that Matter delayed. Notwithstanding the foregoing, this Agreement may be assigned by either party: (i)to one of its affiliates or subsidiaries; or(ii) in connection with a merger, consolidation, sale of all of the equity interests of the party, or a sale of all or substantially all of the assets of the party to which this Agreement relates. 10. Subcontracts. PCG may subcontract work under this Agreement to one or more of its affiliate companies. 11. Proprietary or Confidential Information. For purposes of fulfilling its obligations under this Agreement, one party (the "Disclosing Party") may convey to the other party (the "Receiving Party") information that is considered proprietary and confidential to the Disclosing Party. The parties acknowledge that the following is subject and subservient to any applicable public records law. a. "Proprietary or Confidential Information" is defined as information-- including but not limited to trade secrets, strategies, financial information, sales information,pricing information, operational techniques, software, and intellectual property--that(i)has not been previously published or otherwise disclosed by the Disclosing Party to the general public; (ii)has not previously been available to the Receiving Parry or others without confidentiality restrictions; (iii)reasonably would be considered confidential and proprietary notwithstanding the absence of any designation; or(iv)is not normally furnished to others without compensation; and which the Disclosing Party wishes to protect against unrestricted disclosure or competitive use. In addition, the term"Proprietary or Confidential Information" shall also mean all information or data, regardless of whether it is in tangible form, that is disclosed or otherwise made available by the Disclosing Party to the Receiving Party and designated as "confidential" or "proprietary"by the Disclosing Party. Such designation shall be clear and in writing, either before the Proprietary or Confidential Information is disclosed or within a reasonable time afterwards. The term"Proprietary or Confidential Information" includes the original information provided by Disclosing Party as well as all copies. b. Proprietary or Confidential Information does not include information that, without a breach of this Agreement, is (i) known to the Receiving Party without restriction when received, or thereafter developed independently by the Receiving Parry; (ii) obtained by the Receiving Party from a source that is lawfully in possession of such information(other than the Disclosing Parry)through no breach of this Agreement or any other confidentiality obligations; or(iii) in the public domain when received, or thereafter in the public domain through no fault of the Receiving Parry. C. The Receiving Parry shall preserve Proprietary or Confidential Information securely and in strict confidence, exercising no less than the same degree of care used to Page 4 Page 295 of 339 PUBLIC CONSULTING GROUP City of Waterloo SoluliD YS that Matter protect the security and confidentiality of its own confidential and proprietary information, and in any event no less than reasonable care. d. The Receiving Party shall use and disclose Proprietary or Confidential only for purposes of the Contracted Services. The Receiving Party shall not divulge any such Proprietary or Confidential Information to any employee who is not working on the Contracted Services, without the prior written consent of the Disclosing Party. e. The Receiving Party shall not disclose the Proprietary or Confidential Information to any third party without prior written authorization from the Disclosing Party. L All Proprietary or Confidential Information shall remain the property of the Disclosing Party notwithstanding any disclosure under this Agreement. The Receiving Party recognizes and agrees that nothing contained in this Agreement nor the exchange of Proprietary or Confidential Information under this Agreement shall be construed as transferring or granting any right,title, interest, or license under any copyrights, inventions, or patents now or hereafter owned or controlled by either Party. The Disclosing Party does not grant the Receiving Party any express or implied right to or under the Disclosing Parry or another parry's patents, copyrights, trademarks,trade secret information, or other proprietary rights. The Receiving Parry shall not make,have made,use, or sell for any purpose any product or other item using, incorporating, or derived from any Proprietary or Confidential Information of the Disclosing Parry. g. If and to the extent that Proprietary or Confidential Information includes information that is confidential or proprietary to a third party, the Disclosing Party warrants that the disclosure does not violate any agreement with the third party or any rights of the third party, including any agreement or rights under the Health Insurance Portability and Accountability Act("HIPAA") and other federal or state laws governing medical records, and shall indemnify the Receiving Party as to any claim against it by the third party or a government agency relating to such disclosure. h. Rights and obligations under this Agreement shall take precedence over specific legends or statements that may be associated with Proprietary or Confidential Information when received. L The Receiving Party shall immediately notify the Disclosing Party upon discovery of any loss or unauthorized disclosure of its Confidential Information. Page 5 Page 296 of 339 PUBLIC CONSULTING GROUP City of Waterloo SoluliDns that Matter j. The Receiving Party shall not export, directly or indirectly, any U.S. technical data acquired pursuant to this Agreement, or any products utilizing such data, in violation of the United States export laws or regulations. k. If the Receiving Party is requested or required to disclose Proprietary or Confidential Information pursuant to a subpoena or an order of a court or governmental agency having jurisdiction, the Receiving Party shall,prior to any disclosure of Proprietary or Confidential Information: i. Provide the Disclosing Party with prompt written notice of the existence, terms, and circumstances surrounding the legal or governmental request or requirement, no later than 2 business days after receiving it; ii. Consult with the Disclosing Party on the appropriate response to the request; iii. Cooperate with the Disclosing Party in its reasonable efforts to obtain an order or otherwise limit or restrict the disclosure of its Proprietary or Confidential Information that is subject to the legal or governmental request or requirement, at Disclosing Party's sole expense; and iv. Only after fully complying with the above steps, if disclosure of Proprietary or Confidential Information is still required, furnish only such portion of the Proprietary or Confidential Information as the Receiving Party is advised by counsel is legally required to be disclosed. 1. Upon termination or expiration of this Agreement, each party shall cease use of Proprietary or Confidential Information received from the other party. At the written request of the Disclosing Party at any time during this Agreement, or within 30 days of the termination or expiration of this Agreement, the Receiving Party shall promptly return all copies of such information in its possession, custody, or control, promptly furnishing the Disclosing Party with written certification of such return. If the Disclosing Party does not request the return of Proprietary or Confidential Data within 30 days of the termination or expiration of this Agreement, the Receiving Party shall destroy all copies of such information in its possession, custody or control and shall, upon the Disclosing Party's request, furnish the Disclosing Party with written certification of such destruction. If return or destruction is not practicable, the Receiving Party shall so notify the Disclosing Party and shall keep such information secure and confidential in perpetuity. M. The termination or expiration of this Agreement for any reason shall not discharge the obligations of the Parties with respect to the protection of Proprietary or Confidential Information set forth in this section. Page 6 Page 297 of 339 PUBLIC CONSULTING GROUP City of Waterloo SoluliDns that Matter n. Other than as set forth above,neither parry makes any representation or warranty as to the accuracy or completeness of its Proprietary or Confidential Information disclosed under this Agreement. o. This Agreement and its terms shall be treated as Proprietary and Confidential Information. 12. As-Is Information and Data The parties agree and acknowledge that PCG will receive all information and data from CLIENT on an as-is basis. PCG is not responsible for errors or omissions in any data that it receives from CLIENT. PCG is not responsible for reviewing, evaluating, or verifying the accuracy or completeness of any information received by CLIENT. PCG is not liable for any reimbursement, refund, or contribution should CLIENT be subject to penalties in connection with the services rendered. 13. Intellectual Property. Neither party makes any representation or warranty as to the accuracy or completeness of its Proprietary or Confidential Information disclosed under this Agreement. PCG guarantees that its use or creation of any intellectual property under this Agreement does not infringe upon the intellectual property rights of any third party. Notwithstanding anything to the contrary, PCG will not deliver any working papers or other records including those that contain outputs, code, or formulas relating to PCG's cost reporting system (Ambulance Services Cost Report Portal), that contain or have embedded within such records any PCG intellectual property or trade secrets, including all aspects concerning the methodology for the creation and calculations included in any cost reports. Such materials are not considered CLIENT's property or works made for hire. 14. Conflicts of Interest. The parties understand that PCG is not required to perform the Contracted Services on a full-time basis for CLIENT and may perform services for other individuals and organizations consistent with the limitations in this Agreement. 15. Waiver. The failure of a party to enforce a provision of this Agreement shall not constitute a waiver with respect to that provision or any other provision of this Agreement. 16. Entire Agreement. This Agreement(including the attachments) constitutes the entire agreement between the parties with respect to the subject matter of the Contracted Services, and supersedes all prior agreements and understandings,both written and oral. Notwithstanding the foregoing, any separate written agreement between the parties regarding the confidentiality and security of information exchanged or used by the parties Page 7 Page 298 of 339 PUBLIC CONSULTING GROUP City of Waterloo Solutions that Matter for purposes of this Agreement shall be effective unless and until it is specifically terminated. 17. Amendment. This Agreement may be amended only by written agreement of the parties, signed by authorized representatives and referencing this Agreement. 18. Severability. If any provision in this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions in this Agreement shall continue in full force and effect. 19. Applicable Law and Venue. This Agreement, and all other aspects of the business relationship between the parties, shall be construed, interpreted, and enforced under and in accordance with the laws of the State of Iowa, without regard to choice of law provisions. The parties also consent to the personal jurisdiction in its courts, agree that the state and federal courts of the State of Iowa shall have exclusive jurisdiction over the enforcement of this Agreement, and waive any objection to venue. 20. Miscellaneous a. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, PCG DOES NOT MAKE ANY WARRANTY WITH RESPECT TO THE CONTRACTED SERVICES, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, WHETHER OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE FOR SAID CONTRACTED SERVICES. b. NEITHER PARTY SHALL BE LIABLE TO THE OTHER ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, SUCH DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF THE OTHER PARTY HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. OTHER THAN A CLAIM BY PCG THAT CLIENT HAS NOT PAID COMPENSATION UNDER SECTION 3 OR A CLAIM COVERED BY SECTION 8, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY'S AGGREGATE LIABILITY TO THE OTHER PARTY UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY CLIENT TO PCG PURSUANT TO SECTION 3 OF THIS AGREEMENT DURING THE PRIOR TWELVE (12) MONTH PERIOD. Page 8 Page 299 of 339 PUBLIC CONSULTING GROUP City of Waterloo SoluliDns that Matter C. Each party agrees that they shall not at any time make disparaging statements or induce others to make disparaging statements, in any form, about the other party or any of its respective employees, officers, directors, products or services. d. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power, or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable. e. The captions and headings in this Agreement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Agreement. nor the meaning of any provisions hereof. f. Each party acknowledges that they been provided with the opportunity to consult with and be represented by independent counsel in negotiating this Agreement. Each party represents that they have read and understand this Agreement and that they are freely and voluntarily entering into this Agreement in exchange for the consideration described herein. This Agreement shall not be construed in favor of or against either parry by reason of authorship. g. Each individual signing below on behalf of a party hereby represents and warrants that they have full power and authority to enter into this Agreement on behalf of such party. Each party to this Agreement hereby represents and warrants that it has full power and authority to enter into this Agreement, that the execution, delivery, and performance of this Agreement has been fully authorized and approved, and that no further approvals or consents are required to bind such party. IN WITNESS WHEREOF,the parties have executed this Agreement as of the Effective Date written above. CITY OF WATERLOO PUBLIC CONSULTING GROUP LLC BY: BY: NAME: NAME: Marc Staub ley TITLE: TITLE: Practice Area Director DATE: DATE: 07/29/2025 Page 9 Page 300 of 339 PUBLIC CONSULTING GROUP City of Waterloo SoluliDns that Matter Page 10 Page 301 of 339 PUBLIC CONSULTING GROUP City of Waterloo SoluliDns that Matter ATTACHMENT A CONTRACTED SERVICES Ground Emergency Medical Transportation (GEMT) Program PCG will provide the below Contracted Services will be utilized for three (3) state fiscal year cost reporting cycles, defined as July 1, 2024 to June 30, 2025; July 1, 2025 to June 30, 2026; July 1, 2026 to June 30, 2027. A. CLIENT provides countywide ambulance and medical services some of which will qualify for the GEMT Program for Medicaid. CLIENT must comply with both U.S. Department of Health and Human Services under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health(HITECH) Act and as such, PCG shall comply. B. CLIENT provides emergency medical transports to Medicaid patients each year and the Contractor shall complete the required paperwork for CLIENT to participate in the GEMT Program. C. This GEMT Program provides for supplemental payments for allowable costs that are in excess of other Medicaid revenue received for emergency medical transportation services to Medicaid eligible recipients. D. PCG shall be familiar with the GEMT Program in the State of Iowa, and all the rules, regulations and requirements associated with the Program. E. PCG shall have the knowledge, skills, and ability to fully complete the required cost reports to the State of Iowa within the time frame prescribed by the Department of Human Services(DHS). F. PCG shall have knowledge of the data and cost reporting principles specified in Iowa Statutes. G. PCG shall have knowledge and experience in the completion of all Schedules as required by the Program. H. CLIENT will provide PCG with all of the required data needed to complete the Schedules; however, PCG is responsible for accurate completion of the Schedules. Page 11 Page 302 of 339 PUBLIC CONSULTING GROUP City of Waterloo Solutions that Matter I. PCG shall be able to accept from CLIENT, in electronic submission form, all information via a secure connection in accordance with the Health Insurance Portability and Accountability Act(HIPAA). J. If the completed cost report is rejected by DHS, PCG shall work with CLIENT to make the necessary corrections and/or modifications and resubmit the report before the required filing deadline. K. PCG shall keep CLIENT informed of all updates relating to the GEMT program and estimate the impact of future changes in Medicaid reimbursement. L. PCG shall support CLIENT in establishing the legal and operational ground to participate in the GEMT program. M. PCG shall draft supporting documentation and flow processes for presentation to CLIENT and assist with messaging and review presentations for governmental relationship staff as needed. N. PCG shall monitor claims and cash flows of GEMT program to ensure CLIENT receives appropriate benefit from the program and has met documentation needs. O. PCG agrees to receive compensation for Contracted Services on a contingency fee basis. This compensation will be based on payments received by CLIENT under the GEMT Program. P. If, as a result of an audit by the DHS, a refund is required by CLIENT, PCG agrees to return the portion of the compensation fee that was paid on the amount being refunded and will otherwise not be liable for any other costs, fees, expenses, damages, or amounts. Page 12 Page 303 of 339 PUBLIC CONSULTING GROUP City of Waterloo SoluliDns that Matter ATTACHMENT B COMPENSATION In consideration for the Contracted Services, CLIENT will pay PCG Five Percent (5%) of the federal share portion of reimbursements received by CLIENT under the GEMT program for the state fiscal year cost reporting cycles set forth in Attachment A. PCG will not receive any compensation until all GEMT reimbursements are received by CLIENT. All reimbursement realized by CLIENT from the supplemental payment program for EMS shall be paid in full directly from the DHS to CLIENT. PCG will invoice and receive its compensation after the receipt of reimbursement is received by CLIENT for the GEMT program. PCG will invoice CLIENT based on the reimbursements within 45 days of receipt of funds by CLIENT. Page 13 Page 304 of 339 Adobe Sign Subject Final Audit Report 2025-07-29 Created: 2025-07-29 By: Icertis CLM(icertisclm@pcgus.com) Status: Signed Transaction ID: CBJCHBCAABAABGX1mwH63Twp8mFQTogaYBLdpvK432Zf "Adobe Sign Subject" History Document created by Icertis CLM (icertisclm@pcgus.com) 2025-07-29-6:57:32 PM GMT Document emailed to Marc Staubley(mstaubley@pcgus.com)for signature 2025-07-29-6:59:07 PM GMT Email viewed by Marc Staubley (mstaubley@pcgus.com) 2025-07-29-6:59:37 PM GMT Document e-signed by Marc Staubley (mstaubley@pcgus.com) Signature Date:2025-07-29-7:00:07 PM GMT-Time Source:server Agreement completed. 2025-07-29-7:00:07 PM GMT Powered by Adobe Acrobat Sign CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director August 18, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution approving a temporary easement agreement in the amount of $2,867.00 with John P. Khairallah, located at 520 La Porte Road, in conjunction with the La Porte Road Phase II Reconstruction Project, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution approving a temporary easement agreement in the amount of$2,867.00 with John P. Khairallah, located at 520 La Porte Road, in conjunction with the La Porte Road Phase II Reconstruction Project, and authorizing the Mayor and City Clerk to execute said documents. The value of the temporary easement was based off 120 percent of the assessed value of the property per square foot. However, only ten percent of the full value is offered for the temporary easement because it expires. NEIGHBORHOOD IMPACT Reconstruction of La Porte Road will have a positive impact on the corridor, replacing a roadway that was designed in the 1950s. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Numerous public information meetings were held, giving property owners a chance along the corridor to view the project and ask questions. SOURCE OF EXPENDITURES Crossroads TIF ALTERNATIVE ACTION Page 306 of 339 LEGAL DESCRIPTION ATTACHMENTS 1. Temporary Easement Agreement 2. Temporary Easement Diagram Page 307 of 339 Prepared bv Tim Andera, C itv of Waterloo . Waterloo . I A 50703 , Phone (319 ) - 91 -4366 TEMPORARY EASE MENT AGREEMENT TThisThisTemporaryTemporary Easement Agreement ( the "Agreement" ) is entered into as of 2025 by and between John P. Khairallah ( ` Grantor ' ) , and the City of Waterloo, Iowa ("Grantee") . 1 . Grant of Temporary Easement. In consideration of the mutual promises and covenants contained herein , and for other loud c1i1C� valuable consideration in the amount ofS2 . 867 , 00A the receipt and suf.liciency of- W111ch is hereby acknowledged Grantor does hereby grant and convey unto Grantee ,, and Grantee does hereby accept , a temporary easement for purposes relating to construction of the Improvements (the "Temporary Easement" ) in ,, to , upon , over, across ,, and beneath the real estate ( the "Temporary Easement Premises " ) as set fortis on Exhibit " A " attached hereto and by this reference made a part hereof. 2 . Purpose. The Temporary Easement Premises is intended for use by Grantee ,, its employees .., contractors and agents, to reconstruct La Porte Road , utility improvements , grading , seeding , etc . (the "Improvements") . It is the intention of the parties that Grantee shall assume all responsibility for the construction of the Improvements adjacent to the Premises , and that Grantor shall have no liability relating to the Easement or the Improvements except as may arise from the Grantor ' s own negligent acts or omissions or willful misconduct . Use of the Temporary Easement Premises shall be limited by not allowing equipment upon the Portland Cement Concrete (PCC ) pa rking lot . Grading and seeding can occur up to the edge the PCC parking lot ,. 3 . Grantor Duties and Privileges . Grantor shall deliver possession of the Temporary Easement Premises to Grantee , In is , where is", without any representation or warranty as to the condition of same . Grantor shall have no duty to prepare the Temporary Easement Premises in any way for Grantee ' s use . Following transfer of possession of the Temporary Easement Premises ,, Grantor shall have no further duty or obligation with respect to same , except as set forth herein . Grantor may mow or care for grasses and vegetation growing in the Temporary Easement Premises during the period of this Agreement '. but may not conduct other activities upon the Temporary Easement Premises without the prior written consent of Grantee . Grantor agrees that any activities that Grantor, its officers , employees , contractors or agents undertake on the Temporary Easement, Premises during the term hereof shall be at their sole risk ,,, and Grantor Iereby agrees to indemnify Grantee , its otficials ', officers ., employees , contractors and agents , with respect to any and all claims for injuries ', death, property damage , property loss or otherwise , arising from the acts or' omissions of Grantor, its officers , employees , contractors or agents , on o r about the Temporary Easement Premises during the term of this Agreement . Page ,oea.»s fN WITNESS WHEREOF, the parties have executed this TeniporatN Easement Agreement b y their duly authorized representatives as of the date first set forth above . JOHN P. KHAIRALLA CITY OF WATERLOO .. IOWA By B� Y . GAV , Quentin M . Hart,, Mayor Title : Attest : Kelley Felchiel, City Clerk STATE OF ss . V\ COUNTY ) Acknowledged before me on 14A 01 2025 , by - . : as of Jolin P. Khairallah , DEANNA M . POST Commission Number 703099 m R my Commission Expiress� Ld 1'k i'L" ti.�.�i V � 0. t Notary Public STATE OF IOWA ) ss . BLACK HAWK COUNTY ) Acknowledged before me on , 2025 , by Quentin M . Hart and Kelley Felchle as Mayor and City Clerk , respectively, of the City of Waterloo , Iowa. Notary Public PAVEMENT REMOVAL & REPLACEMENT m 15.0' LPR225 �� 31.0' L., KHAIRALLAH, JOHN P PARCEL ID: 891336209027 > 520 LA PORTE RD Q - 6j z / cc O TEMPORARY >- _ PROPOSED PAVEMENT m 5.0, - EASEMENT 6/ PROPOSED TEMP.EASEMENT 3965 SF j GRAVEL / REMOVAL REMOVE AND REINSTALL MAILBOX tii / STREET LIGHT TO BE RELOCATED `n m / FRONTAGE OAD REMOVAL / EXISTING ROW EXISTING ROW / TREET LIGHT TO BE RELOCATED 8' X 8' Switchgear POWER POLE TO BE / REMOVED BY OTHERS , PROPOSED WATER MAIN O 30 F� I LEGEND RIGHT-OF-WAY/PROPERTY LINES ACQUISTION LINES — — — — PERM.EASEMENT LINES — — — — TEMP.EASEMENT LINES PARCEL 0 PERMANENT ACQUISITION L P R225 — PERMANENT EASEMENT PHASE ANY PAVEMENT REMOVED WILL 0 TEMPORARY EASEMENT BE REPLACEDIN-KIND UNLESS 2 OTHERWISE NOTED. Public Impact Diagram q�j �L=Com KHte Road JOHN P La Porte Road Reconstruction J 04-10-25 Waterloo,Iowa 60736162 Page 310 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director August 18, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution approving a request by VJ Engineering on behalf of 3 Stooges, LLC for the Final Plat of Martin Road Subdivision, a 3-lot industrial subdivision in the "M-2-P" Planned Industrial District located at 1330-1350 Martin Road RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting the Final Plat of Martin Road Subdivision, a 3-lot industrial subdivision located at 1330 — 1350 Martin Road. The three lots are 1.137 acres, 1.493 acres, and 1.940 acres and currently have one commercial/industrial building per lot. All three buildings were built to meet the Floodplain requirements by being 1-foot above the base flood elevation. There are no tracts showing and no additional infrastructure is required for this plat. Total acreage is 4.570 acres. The Final Plat includes the following items: 1) Legal Description 2) Property Lines: Dimensions 3) Date 4) Adjoining Subdivision 5) Deed of Dedication 6) Engineer's Certificate of Survey 7) Easements 8) Proper Lot Sequence. Since this is a planned district and the subdivision is already built, building dimensions are not required. The Final Plat meets Subdivision Ordinance code. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the surrounding neighborhood or land use as the area is made up of other commercial and industrial uses. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public meeting will be held by the Planning, Programming, and Zoning Commission on August 12, 2025. SOURCE OF EXPENDITURES Page 311 of 339 ALTERNATIVE ACTION LEGAL DESCRIPTION Lot 2, except the North 150 feet thereof, Brock Third Addition, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Final Plat Martin Road Civic Clerk 2. Engineering Letter—Martin Road Final Plat—APPROVAL-8-7-2025 Page 312 of 339 August 12,2025 REQUEST: Request by VJ Engineering on behalf of 3 Stooges, LLC for the Final Plat of Martin Road Subdivision, a 3-lot industrial subdivision in the "M-2-P" Planned Industrial District located at 1330-1350 Martin Road. ENGINEER: Mathew Kofta, VJ Engineering, 1501 Technology Parkway, Suite 100, Cedar Falls, IA 50613 APPLICANT: 3 Stooges, LLC, PO Box 203, Waterloo, Iowa 50704. GENERAL The applicant is requesting to approve the final plat of Martin Road DESCRIPTION: Subdivision, a 3-lot industrial subdivision. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use as the area is made up of SURROUNDING other commercial and industrial uses. LAND USE: VEHICULAR & The proposed final plat would not appear to have a negative impact PEDESTRIAN upon vehicular or pedestrian traffic conditions in the area as area TRAFFIC being platted already is developed. The plat is served by Martin CONDITIONS: Road which is a local street and connects with Sergeant Road (US Highway 63) to the east, which is a Principal Arterial, and West Ridgeway Avenue to the south, which is a Minor Arterial. RELATIONSHIP TO The Sergeant Road Trail is located along Sergeant Road (US RECREATIONAL Highway 63), 0.2 miles to the southeast. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area of the proposed plat is zoned "M-2,P" Planned Industrial FOR SITE AND District and has been zoned as such since being rezoned from "A- IMMEDIATE VICINITY: 1"Agricultural District by the adoption of Ordinance No. 4690 on May 3, 2004. Surrounding land uses and their zoning are as follows: North — Commercial zoned "M-2,P" Planned Industrial District. South — Commercial and Industrial zoned "M-2,P" Planned Industrial District East — Commercial and Industrial zoned "M-2,P" Planned Industrial District. West —Vacant land and Kotaski Greenbelt zoned "M-2,P" Planned Industrial District. DEVELOPMENT Industrial Development built between 1981 and 2023. HISTORY: BUFFERS/ No buffers would be required as a part of this plat request. SCREENING REQUIRED: Final Plat Martin Road Subdivision Pa46of 5 Page 313 of 339 August 12,2025 Picture 1:Existing buildings(photo courtesy of Black Hawk County). I I I J!l I I.I Figure 1: Cardinal Construction located north of the area to be platted. Final Plat Martin Road Subdivision Pa47of 5 Page 314 of 339 August 12,2025 �+ 5 Figure 2:Looking south from the area to be platted, at the Denso International building. ti - Figure 3:Lookin east across Martin Road from the area to be platted, at the O Neal building. Final Plat Martin Road Subdivision Pa48of 5 Page 315 of 339 August 12,2025 DRAINAGE: The plat would not appear to have a negative effect on drainage in the area. FLOODPLAIN: The property is located within a 100-Year Floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 19013 and Panel Number 0282F dated May 8, 2024; however, all three buildings were built to meet the Floodplain requirements by being 1-foot above the base flood elevation. PUBLIC /OPEN There are no schools in the vicinity. SPACES/ SCHOOLS: UTILITIES: WATER, There is an 8" sanitary sewer line on Martin Road, and overhead SANITARY SEWER, electric along the east side of the road. STORM SEWER, ETC: RELATIONSHIP TO The Future Land Use Map designates this area as Industrial. The COMPREHENSIVE proposed final plat conforms to the Future Land Use Map and LAND USE PLAN: Comprehensive Plan. STAFF ANALYSIS — The applicant is requesting the Final Plat of Martin Road ZONING Subdivision, a 3-lot industrial subdivision located at 1330 — 1350 ORDINANCE: Martin Road. The three lots are 1 .137 acres, 1.493 acres, and 1.940 acres and currently have one commercial/industrial building per lot. All three buildings were built to meet the Floodplain requirements by being 1-foot above the base flood elevation. There are no tracts showing and no additional infrastructure is required for this plat. Total acreage is 4.570 acres. STAFF ANALYSIS — The Final Plat includes the following items: SUBDIVISION ORDINANCE: 1) Legal Description 2) Property Lines: Dimensions 3) Date 4) Adjoining Subdivision 5) Deed of Dedication 6) Engineer's Certificate of Survey 7) Easements 8) Proper Lot Sequence Since this is a planned district and the subdivision is already built, building dimensions are not required. The Final Plat meets Subdivision Ordinance code. Final Plat Martin Road Subdivision Pa49of 5 Page 316 of 339 August 12,2025 STAFF Therefore, staff recommends that the request by VJ Engineering on RECOMMENDATION: behalf of 3 Stooges, LLC for the Final Plat of Martin Road Subdivision, a 3-lot industrial subdivision in the "M-2-P" Planned Industrial District located at 1330-1350 Martin Road, be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat meets the requirements of the Subdivision Ordinance. Final Plat Martin Road Subdivision Pao®of 5 Page 317 of 339 City of Waterloo Planning, Programming and Zoning Commission August 12, 2025 -Z �6D �0"*�Joo- A-1 R-2 M-1 JANE ST r R-2,C-Z M-2; 63 C-2 C� V WR1DG=WAy.A'IE M-1 ATHENS DR R-4,C-Z B-P M-1 A-1 CYCONE DRrn I R-4 1�liP KINGSWO Sources:Esri,TomTom, rmin,�AC, N�}3 G n5�rt}�tAap conbutorS,and munity R-3� N o� `"a r%10' Martin Road Subdivision W -. 1, o Ir Final Plat U��:. o�.p VJ Engineering on behalf of WO 3 Stooges, LLC g 44 City of Waterloo Planning, Programming and Zoning Commission August 12, 20255 � .. 4- � � `7 r r 1 ol 11' r i IIl I1 S [Area to be platted IS LJ N o� `"a rt'0 Martin Road Subdivision W: li O-mfo Preliminary Plat 5 •` VJ Engineering on behalf of 3 Stooges, LLC 45 "op"Ap suoisueJ 5285-99Z-fil£ - oMa1 'S116j JopaO oM01 °A1uno3 �1Mo1{ �IOa18 'DOI�aloM N AoM)pod A6olouyoal 1051 UOIIIPPV Pa141 400x8 'Z 101 10 �01d-e8 V a a 6UJaaU16u3 M U01sinipgn5 pn4a UljJDyr L a [.LG"8571 SWMI 3aL97eWS peobr u7yeyy Is u 3 .LLOSL AB95L .58L5L 3.9L,44,605 3.a LPPeODS 3.0 L.74,a6S r 'r — r gl gZ Nmw � � s I I7 m w� �$$ t' a 1 01 as cp�� WW Ld �m� 1lv, 111 L 11 I a� ��� }f l �� W .oat � I jl WW / I �❑ � • 1I 8 �" l 5l s r / y� x Sy� s cc 3 um41 \'l 3 a vJ N O O / z z Y = dam o ti aa ; uj Q a NO no °�� ��t �- 8 ci to sgi ai�a a CO n Y r G Ti ra N N 4tC'1 to U T - CC7 [6 m o Q cV g Ea 11 ¢ y�o� mr c�vv0 �} ��s��W�� Q at C W m7 W W 1 $� ffa rye�� —� ��' � N�N�M4 �nnii N, .0 a� N�m8 w" om' aur 20 of 339 "op"Ap suoisueJ 5285-99Z-fil£ - oMa1 'S116j JopaO oM01 °A1uno3 �1Mo1{ �IOa18 'DOI�aloM N AoM)pod A6olouyoal 1051 UOIIIPPV Pa141 400x8 'Z 101 10 �01d-e8 V a a 6uUAOul6u3 M u01sinipgn5 PDOd ui{Joyr 00 a [.LG"8571 SWMI �� �.oL,77eoos pea�,r u?yeyy g u 3 .LLOSL AB95L .58L5L 3.9L,44,605 3.a LPPeODS 3.0 L.74,a6S r 'r — r gl �Z Nmw � � m w� ��� t' a 1 01 as cp�� WW Ld �m� 1lv, 111 L 11 I a� ��� }f l �� W .oat � I jl WW / I �❑ � • 1I 8 �" l 5l r rr r �I 4�r 1 s r r y� _ r E cc k X V 6 �d tS m W ¢ 3_m c2c�� ! W N~ W W A m N $p N 3 C p C Cm °No 0 0,44 riJ jm, z:82 c fl 3' c 3 my te �/� n c J 2 CC7 [6 �m o Q cV g Ea 11 ¢ y-o� mr c�vv 0 � } dao W$ p A s i�6MM� mo o =g' 2� L2 g-Q at gi C W m $ W O N, m'o a� N�G18 w" om' aur 21 of 339 DEED OF DEDICATION OF MARTIN ROAD SUBDIVISION A RE-PLAT OF LOT 2, BROCK THIRD ADDITION WATERLOO, BLACK HAWK COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: That 3 Stooges, LLC, being desirous of setting out and platting into lots the land described in the attached Certificate of Survey by Matthew A. Kofta, a Professional Licensed Land Surveyor, dated day of L , 2025, does by these presents designate and set apart the aforesaid premises as an addi(in of the Black Hawk County, Iowa the same to be known as: MARTIN ROAD SUBDIVISION A RE-PLAT OF LOT 2, BROCK THIRD ADDITION WATERLOO, BLACK HAWK COUNTY, IOWA all of which is with the free consent and the desire of the undersigned. EASEMENTS The undersigned do hereby grant and convey to the City of Waterloo, Iowa, its successors and assigns, and to any private corporation, firm or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, gas, electricity, communication service or cable television, perpetual easements for the erection, laying building and maintenance of said services over, across, on and/or under the property as shown on the attached plat. No structures of any kind shall be built or placed within any easements as shown on the attached plat. RESTRICTIONS Be it also known that the undersigned do hereby covenant and agree for themselves and their successors and assigns that each and all of the commercial lots in said addition be and the same are hereby made subject to the following restrictions upon their use and occupancy as fully and effectively to all intents and purposes as if the same were contained and set forth in each deed of conveyance or mortgage that the undersigned or their successors in interest may hereinafter make for any of said lots and that such restrictions shall run with the land and with each individual lot thereof for the length of time and in all particulars hereinafter stated, to-wit: I. All lots shall be used in conformance with the Zoning Ordinance of the City of Waterloo, Iowa. U:Ibkayser\Wpdocslreal estatel3 Stoogesldeed of dedication.doc Page 1 48 Page 322 of 339 2. The owner(s) of each lot, vacant or improved, shall keep his/her lot or lots free of weeds and debris. 3. No obnoxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighboring properties. 4. All buildings erected on any lot in said addition shall be constructed in accordance with the Building, Plumbing, and Electrical Codes of the City of Waterloo, Iowa. SIGNED and DATED this �h day of , 2025. 3 Stooges, LLC 135��'Christo6her Fischels Its: Manager STATE OF IOWA, BLACK 14AWK COUNTY: ss This record was acknowledged before me on this 2J Qay of L , 2025, by Christopher Fischels , as Manager of 3 Stooges, LLC. ' I It� Nofar)Public in and fa- he State f owa MELISSA YOUNGBLUT COMMISSION NO. 747753 * it MY COMMISSION EXPIRES JULY 6.2028 U:Ibkayser\WpdocslreaI estatel3 Stoogesldeed of dedication.doc Page 2 49 Page 323 of 339 Martin Road Subdivision Waterloo, Black Hawk County, Iowa Surveyor's Certificate I, Matthew A. Kofta, a Professional Land Surveyor in the State of Iowa, hereby certify that I have made a survey of the property with the following description: Lot 2, except the North 150 feet thereof, Brock Third Addition, City of Waterloo, Black Hawk County, Iowa. The foregoing described real estate is to be hereinafter known and designated as "Martin Road Subdivision in the City of Waterloo, Black Hawk County, Iowa" I further certify that the accompanying plat is a true representation thereof in accordance with my field notes of said survey, has been prepared in accordance with the Laws of the State of Iowa relating thereto, and the figures in said plat representing distances are in feet and decimals of feet. I further certify that said survey and plat contain and show any and all surplus and any and all deficiencies from former surveys of record. Dated this2� day of U-Oy , 2025. !46 Matthew A. Kofta r�`�' ..•�pG� Professional Land Surveyor ;' Matthew A. Iowa License No. 22561 s o: Kofta - 9,'., 22561 , IOWA 50 Page 324 of 339 CITY OF WATERLOO 715 Mulberry St,Waterloo, IA 50703 Q Phone:(319) 291-4312 �. t�w �0 Engineering CITYOFWATERLOOIOWA.COM August 7, 2025 Aric Schroeder, City Planner Planning, Programming&Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT MARTIN ROAD SUBDIVISION Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Sections, 3, 4, and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincerely, W-t' Lz--- Wayne Castle, PLS, PE Assistant City Engineer cc: Jamie Knutson, City Engineer Page 325 of 339 CITY OF A T ERLOO IOWA COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Noel Anderson, Community Planning and Development Director August 18, 2025 Planning & Zoning Department AGENDA ITEM TITLE Resolution approving a request by Claude L. Manning and Rose M. Manning for an Encroachment Agreement to allow for a fence on city-owned right-of-way in the "R-2" One- and Two-Family Residence District located south of 806 Cloverdale Avenue on Lucas Street. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting an Encroachment Agreement to continue allowing a fence on city-owned right-of-way on Lucas Street. The current fence has been up since around 2020/2021. The applicant did not acquire a permit. The portion of Lucas Street the fence is encroaching on is undeveloped. Therefore, the city does not object to the Encroachment Agreement until possible future development of Lucas Street and the adjacent wooded area. The fence does intrude on the utility easement present on the property in question. Therefore, a Fence Over Easement form would need to be submitted by the applicant. NEIGHBORHOOD IMPACT The request for an Encroachment Agreement would not appear to have a negative impact on the surrounding neighborhood as the area is on the undeveloped portion of Lucas Street. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public meeting was held by the Planning, Programming, and Zoning Commission on May 13, 2025. SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 326 of 339 LEGAL DESCRIPTION CLOVERDALE ACRES REPLAT NO 1 LOT 31 EXC N 2 FT E 63 FT ATTACHMENTS 1. 806 Cloverdale Encroachment Agreement Civic Clerk 2. Encroachment AgreementWithExhibit_OwnerSignedNotarized Page 327 of 339 May 13,2025 REQUEST: Request by Claude Manning for an Encroachment Agreement to allow for a fence on city-owned right-of-way in the "R-2" One- and Two-Family Residence District located south of 806 Cloverdale Avenue on Lucas Street. APPLICANT(S): Claude Manning, 806 Cloverdale Avenue, Waterloo, IA 50703 GENERAL The applicant is requesting an Encroachment Agreement to DESCRIPTION: allow a fence to remain on the city owned right-of-way of Lucas Street. IMPACT ON The request for an Encroachment Agreement would not NEIGHBORHOOD & appear to have a negative impact on the surrounding SURROUNDING neighborhood as the area is on the undeveloped portion of LAND USE: Lucas Street. VEHICULAR & The request for an Encroachment Agreement would not PEDESTRIAN appear to have a negative impact on vehicular or pedestrian TRAFFIC traffic in the area since the fence is on the undeveloped CONDITIONS: portion of Lucas Street. If Lucas Street were extended in the future, the Encroachment Agreement can be terminated and the fence required to be removed. RELATIONSHIP TO The site is located at the corner of Cloverdale Avenue and RECREATIONAL Lucas Street with a sidewalk along both sides of Cloverdale TRAIL PLAN and Avenue, as well as both sides of Lucas Street, west of COMPLETE STREETS Cloverdale Avenue. POLICY. ZONING HISTORY The site is zoned "R-2" One and Two-Family Residence FOR SITE AND District and has been zoned as such since the adoption of our IMMEDIATE VICINITY: Ordinance in 1969. The surrounding land uses and their zoning are as follows: North, East, South, and West — Zoned "R-2" One- and Two- Family Residence District with single family homes. BUFFERS The request does not require any buffering according to REQUIRED/ NEEDED: ordinance standards. DRAINAGE: The proposed encroachment area would not appear to have a negative impact on drainage. DEVELOPMENT The area is composed of single-family homes constructed HISTORY: from the late 1970s and through the mid-1990s. The site in question was added to the area in 1994. FLOODPLAIN: The encroachment area is not located within a floodway or floodplain according to the 2024 FEMA Floodplain Maps. PUBLIC /OPEN Lincoln Elementary School is located approximately 1.6 miles SPACES/ SCHOOLS: to the south, and Cedar Bend Park is located approximately 1.3 miles to the south of the encroachment area. Encroachment Agreement—S of 806 Cloverdale Ave Page 1 of 5 Page 328 of 339 May 13,2025 fwl I �J° .. _` 4 d�u Picture 1; Fence in right-of-way of Lucas Avenue. 4 i I t Y' Picture 2: Fence and home at 806 Cloverdale Avenue. Encroachment Agreement—S of 806 Cloverdale Ave Page 2 of 5 Page 329 of 339 i Ff' 6 k 5 � r opMob- ----- .�/ ' ate' •. - '• -- - • il• • - •. - - .•- 0 May 13,2025 c.. l t, <a Picture 5: Looking west along Lucas Street. UTILITIES: WATER, There is an 8' wide utility easement on the east lot line of the SANITARY SEWER, property in question. STORM SEWER, ETC. RELATIONSHIP TO The request is in conformance with the Future Land Use Map COMPREHENSIVE as it designates this area as Low Density Residential. LAND-USE PLAN: STAFF ANALYSIS — The applicant is requesting an Encroachment Agreement to ZONING continue allowing a fence on city-owned right-of-way on Lucas ORDINANCE: Street. The current fence has been up since around 2020/2021. The applicant did not acquire a permit. The portion of Lucas Street the fence is encroaching on is undeveloped. Therefore, the city does not object to the Encroachment Agreement until possible future development of Lucas Street and the adjacent wooded area. The fence does intrude on the utility easement present on the property in question. Therefore, a Fence Over Easement form would need to be submitted by the applicant. TECHNICAL REVIEW No comments. COMMITTEE: STAFF ANALYSIS — The applicant is not proposing to subdivide the property. SUBDIVISION ORDINANCE: Encroachment Agreement—S of 806 Cloverdale Ave Page 4 of 5 Page 331 of 339 May 13,2025 Therefore, the staff recommends that the request by Claude STAFF Manning for an Encroachment Agreement to allow for a fence RECOMMENDATION: on city-owned right-of-way in the "R-2" One- and Two-Family Residence District located south of 806 Cloverdale Avenue on Lucas 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 proposed structure conforms with the Future Land Use Map. Subject to the following conditions: 1. A fully signed and executed Encroachment Agreement, which includes provisions for the maintenance of the fence by the applicants, access provisions through the fence to provide access to the right-of-way that will be located behind the fencing as well as access to the 8' utility easement located along the east property line of the property in question. 2. A signed and executed Fence Over Easement Form. Encroachment Agreement—S of 806 Cloverdale Ave Page 5 of 5 Page 332 of 339 City of Waterloo Planning, Programming and Zoning Commission May 13, 2025 Q w J LLI J U 806 Cloverdale Avenue R=2 LUCAS ST Area of Encroachment Sources:Esri,TomTom,Garmin,FAO, NOAA,USG ,©OpenStreetMap contributors,and the IS User Community N 8o6 Cloverdale Avenue W+E Encroachment Agreement s Claude Manning City of Waterloo Planning, Programming and Zoning Commission May 13, 2025 NEI Elul ■ -I��I - �r 1111 ■ � = 11111 '® -. 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A non-refundable filing fee(s) shall be made as follows(checks payable to City of Waterloo): • Right-of-way vacation--One Hundred Seventy Five Dollar($175.00)Filing Fee • Easement or sidewalk vacation—Seventy Five Dollar($75.00)Filing Fee • Encroachment--One Hundred Dollar($100.00)Filling Fee • Sale of city-owned property not required to be vacated—No Fee • Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)Fee 2. Offer Price*[Note: if the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an casement: • May decrease price for the City tax that will be collected on the land within 5 yrs(S yrs inside of the CUBA): • 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 Conuuittee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected,all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. NV"Y1`Y\ 3 I Applicant Print Name Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 336 of 339 ENCROACHMENT AGREEMENT Prepared by: Adarsh Tummala, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 THIS ENCROACHMENT AGREEMENT is entered into by and between Claude L. Manning and Rose M. Manning (hereinafter"Owner") and the City of Waterloo, Iowa (hereinafter"City") this 7th day of August, 2025. WHEREAS, Owner is the owner of real estate commonly known as 806 Cloverdale Avenue, Waterloo, Iowa 50703 and legally described as: Lot 31 of Cloverdale Avenue Replat No. 1, except the north 2 feet of the east 63 feet (hereinafter"Owner's Property"), in the City of Waterloo, Black Hawk County, Iowa; and WHEREAS, Owner is requesting to allow their existing fence to remain on a portion of undeveloped Lucas Street City owned right-of-way, hereinafter"Encroachment"that will encroach into City right-of-way; and WHEREAS, for the benefit of Owner's Property, Owner is requesting to allow said Encroachment within a portion of said City right-or-way along Lucas Street as described in the attached Exhibit"A"; and WHEREAS,the City is willing to allow said Encroachment into said City Right-of-Way as described in attached Exhibit"A" (hereinafter the "Encroachment Area"), subject to the following agreement regarding each party's rights. THEREFOR IT IS NEARBY AGREED by and between the parties as follows. I. Owner 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 Owner the right to place and maintain said Encroachment in said Encroachment Area, subject to the rights of the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement to and for access over, under and upon said Encroachment Area, expressly recognizing and acknowledging that any damage that occurs to said Encroachment will be the sole risk and expense of Owner and all successors or assigns, including moving or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise needs the Encroachment to be temporarily moved for access to said Encroachment Area, Owner and all successors or assign shall move said improvements in the Encroachment Area if present and able, otherwise the City of Waterloo and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement shall be authorized to move said Encroachment and assess any costs for moving against Owner or any successors or assigns, or against Owner's Property. 3. The term of this agreement shall be for so long as said Encroachment is maintained by Owner, 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 Owner's Property and runs with the land. It is fixrther understood and agreed that this agreement may be terminated by the City of Waterloo upon 60 days notice and order to permanently remove to Owner, or any successors and assigns, and that Owner, and Page 337 of 339 any successors and assigns agree to remove said Encroachment(s)prior to the end of the 60 days notice and termination of this agreement. If Owner, or any successors and assigns fail to remove said Encroachment upon termination of this agreement, Owner, or any successors and assigns authorize the City of Waterloo to remove said Encroachment and assess costs to Owner, or any successors and assigns, or against Owner's Property 4. Owner, and all successors and assigns shall protect, defend, indemnify, and hold harmless the City and its successors and assigns, and its officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise 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 above. Lk Claude L. Manning, Owner r Rose V Manning, Own r City of Waterloo By: Quentin Hart Its: Mayor Attest: Kelly Felchle, City Clerk STATE OF IOWA } COUNTY OF BLACK HAWK ) SS. On this�day of �, 1�Z5 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appearedel.4"M, 4,� �Yl'2inst-ume 2aedged to,,be the identical persons named herein and who executed the foregoing that they exee their act and deed. rilte:d TIM ANDERA COMMISSION NO.772518 * MY COMMISSION EXPIRES APRIL 11,2027 Notary Public STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this day of , by Quentin Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. Notary Public Page 338 of 339 Exhibit "A" Legal Description for Encroachment for 806 Cloverdale Avenue The North eighteen(18) feet of the East eighty-six (86) feet of that part of Lucas Street as platted in Cloverdale Acres abutting Lot 31 of Cloverdale Acres Replat No. 1. Page 339 of 339