Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council Packet - 10/6/2025
CITY OF �4iLTERLOO IOWA THECITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, October 6, 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 619 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, Dave Boesen, Ward 2 Council Member. Approval of Agenda as proposed or amended. Approval of Minutes of the September 15, 2025, Regular Council 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 Page 2 of 619 The consent agenda is reserved for routine resolutions and motions, acted upon by roll call vote on a single motion without discussion. Council shall either vote yea or nay when the roll is called. Council members may request that an item be removed from the consent agenda and considered separately. Such a request does not require a second. The public shall be prohibited from requesting that items listed on the consent agenda be removed and considered separately. The public may contact council members with questions regarding consent agenda items. 1-4A-16(A)(8). 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - Second Offense with Kwik Star #580, 506 W. 9th Street, Waterloo, Iowa, and acceptance of a civil penalty in the amount of $1,500.00, and authorizing the Mayor and City Clerk to execute said document. 3. Resolution approving the request of Tim Frederick for a waiver for a concrete driveway, located at 2523 W. 3rd Street, with the elimination of the sidewalk section due to inability to meet grade requirements. 4. Resolution approving request of Michael Cole, for a waiver for a concrete driveway, located at 707 Belle Street, and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on City -owned right-of-way on an unimproved street. 5. Resolution approving the request of James Varney for a waiver for a concrete driveway, located at 1057 Dundee Avenue, with the elimination of the sidewalk section due to inability to meet grade requirements. 6. Resolution approving the request by Cedar Valley 4 Rent LLC, for tax exemptions on the construction of a new commercial building valued at $400,000.00, for property located at 339 W. 13th Street and located in the Consolidated Urban Revitalization Area (CURA). 7. Resolution approving the request by Jeffrey Dow, for tax exemptions on the construction of a new condominium unit valued at $269,000.00, for property located at 4133 Omaha Avenue and located in the City Limits Urban Revitalization Area (CLURA). 8. Resolution approving the request by Natesh Yepuri, for tax exemptions on the construction of a new single-family house valued at $549,900.00, for property located at 1825 Red Tail Drive and located in the City Limits Urban Revitalization Area (CLURA). 9. Resolution accepting improvements of Mustedan 1st Addition. 10. Resolution setting date of public hearing as October 20, 2025, to approve a Site Plan Amendment request by Pella Building Systems on behalf of BKKS Holdings, to construct a storage facility in "M-2,P" Planned Industrial District located east of 155 Warp Drive, and instruct the City Clerk to publish notice. 11. Resolution setting date of public hearing as October 20, 2025, to approve a request by Troy Morris for a Site Plan Amendment to allow for additional uses including a restaurant, ice cream shop, and sign shop in a former funeral home in the "S-1" Shopping Center District located at 3146 Kimball Avenue, and instruct the City Clerk to publish notice. Page 3 of 619 12. Resolution approving the award of bid to Midwest Demolition Contractors, Inc. of Walford, Iowa, in the amount of $224,700.00, approving the contract, bond, and certificate of insurance, in conjunction with Demolition and Site Clearance Services, Contract No. D- 2025-08-01 P, at 310 Upland Drive, and authorizing the Mayor and City Clerk to execute said documents. 13. Resolution approving the award of bid to Lehman Trucking & Excavating, Inc. of Waterloo, Iowa, in the amount of $317,375.00, approving the contract, bond, and certificate of insurance, in conjunction with Demolition and Site Clearance Services, Contract No. RD- 2025-08-02P, at 100 E. 9th Street and 1117 Lincoln Street, and authorizing the Mayor and City Clerk to execute said documents. 14. Resolution determining the necessity and setting date of public hearing as November 3, 2025, to approve Amendment No. 7 to the Martin Road Urban Renewal Development Plan, to remove a property from the TIF area, and setting date of consultation with taxing entities as October 17, 2025, and instruct the City Clerk to publish notice. 15. Resolution determining the necessity and setting date of public hearing as November 3, 2025, to approve Amendment No. 9 to the San Marnan Urban Renewal and Redevelopment Plan, to remove a property from the TIF area, and setting date of consultation with taxing entities as October 17, 2025, and instruct the City Clerk to publish notice. 16. Resolution determining the necessity and setting date of public hearing as November 3, 2025, to approve the Amended and Restated South Waterloo Unifed Urban Renewal and Redevelopment Plan, and setting date of consultation with taxing entities as October 17, 2025, and instruct the City Clerk to publish notice. 17. Resolution determining the necessity and setting date of public hearing as November 3, 2025, to approve the Amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan for the 2025 Expansion Area, and setting date of consultation with taxing entities as October 17, 2025, and instruct the City Clerk to publish notice. 18. Resolution determining the necessity and setting date of public hearing as November 3, 2025, to approve the Baltimore Fields Urban Renewal Plan, and setting date of consultation with taxing entities as October 17, 2025, and instruct the City Clerk to publish notice. 19. Resolution determining the necessity and setting date of public hearing as November 3, 2025, to approve the Highland Meadows Urban Renewal Plan, and setting date of consultation with taxing entities as October 17, 2025, and instruct the City Clerk to publish notice. 20. Resolution accepting an IDOT Air Service Development Grant Agreement, in the amount of $48,000.00, for the promotion of passenger air service from the Waterloo Regional Airport, and authorizing the Mayor and Director of Aviation to execute said document. 21. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $97,126.10, in conjunction with the FY 2025 Idaho Street Fiber Hut, Contract No. 1112, and receive and file a two-year maintenance bond. Page 4 of 619 22. Motion to approve Change Order No. 1 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $20,788.75, in conjunction with the FY 2026 Airport Fence Relocation, Contract No. 1133, and authorizing the Mayor to execute said document. 23. Motion approving Change Order No. 2 with Matt Construction, Inc. of Sumner, Iowa, for a total increase of $3,930.59 in conjunction with the FY 2025 South Hills Golf Course Maintenance Building Contract No. 1130, and authorizing the Mayor to execute said document. 24. Motion approving Change Order No. 2 to the Professional Agreement with Terracon, Inc., in an amount not to exceed $25,000.00, for additional construction observation, in conjunction with FY 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well, Contract No. 1066, and authorizing the Mayor to execute said document. 25. Motion to approve Change Order No. 27 with ITG Communications, LLC, of Hendersonville, Tennessee, for a net increase of $120,066.36, in conjunction with the FY 2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor and City Clerk to execute said document. 26. Motion to approve Change Order No. 28 with ITG Communications, LLC, of Hendersonville, Tennessee, for a net increase of $61,411.83, in conjunction with the FY 2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor and City Clerk to execute said document. 27. Motion to approve Change Order No. 29 with ITG Communications, LLC, of Hendersonville, Tennessee, for a net increase of $83,074.31, in conjunction with the FY 2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the Mayor and City Clerk to execute said document. 28. Motion to approve Final Quantity Summary with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of $4,856.30, in conjunction with the FY 2025 Idaho Street Fiber Hut, Contract No. 1112, and authorizing the Mayor and City Clerk to execute said document. 29. Motion approving appointment of Daniel Greer from Interim Street Director to the position of Street Director in the Street Department division of Public Works, effective October 7, 2025. 30. Cathy Schuler, Board/Commission: Main Street Waterloo, Expiration Date:N/A, [New]. 31. Motion to receive and file Leisure Services Commission Board minutes of August 12, 2025. 32. Motion to receive and file Airport Board minutes of August 13, 2025. 33. Liquor Licenses The Brown Bottle, 209 W. 5th Street, Class C, w/Sunday Sales (Renewal)10/21/2026. The Brown Derby Ballroom, 618 Sycamore Street, Class C, w/Living quarters and Sunday Sales (New) 09/30/2026. Casey's #2879, 3260 University Avenue, Class E, w/Sunday Sales (Renewal) 09/30/2026. Casey's 218 Pub, 4010-4018 University Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) 09/30/2026. Page 5 of 619 Chilito's Mexican Bar & Grill, 441 E. Tower Park Drive, Class C w/Outdoor Service/Sunday Sales (Renewal) 08/07/2026 Damon's Sports Bar & Grill, 2122 Kimball Avenue, Class C w/Sunday Sales (Renewal) 10/04/2026. Danny's on Donald, 2401 Falls Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) 10/04/2026. Family Dollar Store #30944, 2206 Kimball Avenue, Class B w/Sunday Sales (Ownership Updates) 07/31/2026. Family Dollar Store #32879, 1608 University Avenue, Class B w/Sunday Sales (Ownership Updates) 03/07/2026. Karma Bar, 309 West 4th Street, Class C w/Outdoor Service and Sunday Sales (Renewal) 10/14/2026. K-ZAR, Inc., 1761 Independence Avenue, Class E w/Sunday Sales (Renewal) 10/13/2026. Rudy's Tacos -Beer Hall -Lava Lounge, Class C w/Outdoor Service and Sunday Sales (Renewal) 09/27/2026. Studio 13 Waterloo, 304 & 308 West 4th Street, Class C w/Sunday Sales (Renewal) 07/31/2026. Walmart Super Center, 1335 Flammang Drive, Class E w/Sunday Sales (Renewal) 09/30/2026. 34. Cigarette/Tobacco/Nicotine/Vapor Permits K-Zar, Inc., 1761 Independence Avenue. (Retail Tobacco) 35. Bonds. PUBLIC HEARINGS 1. Request by Midwest Development Co., on behalf of the City of Waterloo, to rezone approximately 24.27 acres from "R-1" One and Two Family Residence District to "R- 1, R-P" Planned Residence District to construct seventy homes located south of Orange Road and west of Kimball Avenue. Public hearing is canceled. Submitted by: Noel Anderson, Community Planning and Development Director 2. Sale and conveyance of approximately 24.3 acres of city -owned property, located at the southwest corner of Kimball Avenue and West Orange Road, in the amount of $1.00, to Midwest Development Company, with a Development Agreement for the construction of approximately seventy single-family homes. Public hearing is canceled. Submitted by: Noel Anderson, Community Planning and Development Director 3. FY 2026 Sidewalk Infill, Sidewalk Ramp and Trail Repair Program - Zone 5A, Contract No. 1131. 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 confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Page 6 of 619 Motion to receive, file and instruct the City Clerk to read bids, and refer to the City Engineer for consideration. Submitted by: Oumie Ceesay, Associate Engineer 4. FY 2026 Winn Street Sanitary Sewer, Contract No. 1134. 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 confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution approving award of bid to Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $280,613.50, approving the contract, bond and certificate of insurance, in conjunction with the FY 2026 Winn Street Sanitary Sewer, Contract No. 1134, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Oumie Ceesay, Associate Engineer 5. Sale and conveyance of a portion of the property to the southwest of 3211 Titan Trail, to Xcel Electric LLC, in the amount of $1.00, for the construction of a 4,000 square foot building, including a Development Agreement, and authorize the Mayor and City Clerk to execute said documents. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of a portion of the property to the southwest of 3211 Titan Trail, to Xcel Electric LLC, in the amount of $1.00, for the construction of a 4,000 square foot building, and authorizing the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Xcel Electric LLC for the construction of a 4,000 square foot building located to the southwest of 3211 Titan Trail and conveyance of the property southwest of 3211 Titan Trail 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 Permanent Easement Agreement in the amount of $4,858.00, and reimbursement for pavement removal in the amount of $983.00, totaling a just compensation amount of $5,841.00, with Beverly Realty, LLC, located at 1507 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 2. Resolution approving a Permanent Easement Agreement in the amount of $4,097.00, with Kingu Properties, LLC, located at 1419 La Porte Road, in conjunction with the La Porte Road Phase II Reconstruction Project, and authorizing the Mayor and City Clerk to execute said document. Page 7 of 619 Submitted by: Noel Anderson, Community Planning and Development Director 3. Resolution approving a Permanent Easement Agreement and Temporary Easement Agreement in the amount of $1,802.00, with Casey's Marketing Company, located at 1604 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 Development Agreement with Iowa Heartland Habitat for Humanity for the construction of a new single family home located at the southwest corner of Randall Street and Norimer Street, in the Church Row Neighborhood, including an infill housing grant of $7,500.00, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 5. Resolution approving the acceptance of a Donation of Real Property Agreement to the City of Waterloo from Hope Martin Anderson Revocable Trust, for property located at 2500 W. 4th Street, and authorizing the Mayor to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 6. Resolution approving the Cedar Skyline Corporation (doing business as Main Street Waterloo) parking lot loan refinancing and continued loan guarantee, by the City of Waterloo, in an amount not to exceed $124,981.54, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director 7. Resolution approving a Supplement Agreement No. 2 in an amount not to exceed $25,000.00, for AECOM Techincal Services, Inc. to perform on -call planning and engineering services at the Waterloo Regional Airport, and authorizing the Mayor to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 8. Resolution approving a First Amendment to a Real Estate Purchase Agreement with John. R. Wolfe and Margaret A. Wolfe, amending the timeline on the purchase of Tract 2 property, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 9. Resolution approving a Design Services Agreement with Invision Architecture, not to exceed $8,500.00, for planning and design services related to new fuel site locations and Public Works facility updates, and authorizing the Mayor to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 10. Resolution approving a Professional Services Contract with Nutri-Ject Systems Inc., of Hudson, Iowa in the amount of $79,847.09, for sludge storage tank cleaning and final land application of biosolids, for the bottom 4 feet of tank solids plus $9,446.26 per foot for solids above the bottom 4 feet, in an amount not to exceed $98,739.61, and authorizing the Mayor to execute said document. Page 8 of 619 Submitted by: Randy Bennett, Public Works Division Manager 11. Resolution approving Supplemental Agreement No. 3 to the Professional Services Agreement with AECOM, Inc., of Waterloo, Iowa, in an amount not to exceed $44,600.00 for construction -related services, in conjunction with the FY 2026 Winn Street Sanitary Sewer, Contract No. 1134, and authorizing the Mayor to execute said document. Submitted by: Jamie Knutson, City Engineer 12. Resolution approving an agreement with Pro -West & Associates, in an amount not to exceed $3,835.80, to provide Sidewalk Inspection Application updates, and authorizing the Mayor to execute said document. Submitted by: Jamie Knutson, City Engineer 13. Resolution approving a third amendment to the Development Agreement and Minimum Assessment Agreement with Bread to Beer LLC., (Single Speed Brewing Company), to provide a grant of $750,000.00 and an additional five -years of tax rebates at seventy percent for the additional improvements made to the site at 325 Commercial Street, and a new Minimum Assessment value of $4,000,000.00, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 9 of 619 September 15, 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, September 15, 2025. Roll Call. Mayor Pro Tem Ray Feuss in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton - Smith, Mr. Chiles, Mr. Simon, Ms. Wilder and Mr. Feuss. Prayer or Moment of Silence. Pledge of Allegiance, Kelley Felchle, City Clerk. Approval of Agenda as proposed or amended. Nichols/Boesen that the agenda as amended, by moving Resolution Item Nos. 6 and 7 to the Consent Agenda, and removing Resolution Item No. 3, be approved. Voice vote -Ayes: Seven. Motion carried. Approval of Minutes of September 2, 2025, Regular Council Session as proposed or amended. Nichols/Boesen that the minutes of the September 2, 2025, Regular Session meeting, as proposed, be approved. Voice vote -Ayes: Seven. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Aaron Stacey Roberts, 411 Almond Avenue Mary Potter, Grout Museum Board Member Todd Obadal, 124 Amity Drive LaTonya Graves, 607 E. Donald Street Ms. Creighton -Smith commented that Wards 3 and 4 will have a meeting at the Jubilee Freedom Center this Thursday at 6:00 p.m. She thanked the Public Works staff for their repair to a fire hydrant on Oliver Street. Mr. Boesen shared his disappointment with regard to the access road from Sager to behind the new high school. The people of the neighborhood were made promises by the city and the school board that the road would be paved and would be bus traffic only, and that has not been the case. Mr. Simon commented that he had received complaints and photos from people about the traffic in that area as well, and questioned what can be done to correct it, and said that it does not look good for the city to have made promises that have not been kept. Mr. Feuss commented that the question would need to be asked of Astor Williams or someone Page 1 of 10 Page 10 of 619 with the school. Nichols/Creighton-Smith to close public comments. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA Nichols/Wilder that the following items on the consent agenda, including the payment of bills for September 8, 2025, in the amount of $6,129,461.96, and September 15, 2025, in the amount of $3,935,676.34, be received and placed on file. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. Resolution adopted and upon approval by Mayor assigned No. 2025-505. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as October 2, 2025, and date of public hearing as October 6, 2025, in conjunction with the FY 2026 Sidewalk Infill, Sidewalk Ramp and Trail Repair Program - Zone 5A, Contract No. 1131, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2025-506. Resolution setting the date of public hearing as October 6, 2025, for the sale and conveyance of approximately 24.3 acres of city -owned property, located at the southwest corner of Kimball Avenue and West Orange Road, in the amount of $1.00, to Midwest Development Company, with a Development Agreement for the construction of seventy single-family homes, and instruct the City Clerk to publish public notice. Resolution adopted and upon approval by Mayor assigned No. 2025-507. Resolution setting date of public hearing as October 6, 2025, to authorize the sale and conveyance of a portion of the property to the southwest of 3211 Titan Trail, to Xcel Electric LLC, in the amount of $1.00, for the construction of a 4,000 square foot building, including a Development Agreement, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2025-508. Resolution setting date of public hearing as October 6, 2025, to approve a rezone request by Midwest Development Company on behalf of the City of Waterloo to rezone approximately 24.27 acres from "R-1" One and Two Family Residence District to "R-1, R-P" Planned Residence District to construct seventy homes located south of Orange Road and west of Kimball Avenue, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2025-509. Resolution approving a Title VI Non -Discrimination Agreement with the Iowa Department of Transportation, and authorizing the Mayor and Human Rights Director to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2025-510. Page 2 of 10 Page 11 of 619 Resolution approving a Standard Title VI/Non-Discrimination Assurances agreement with the United States Department of Transportation, and authorizing the Mayor and Human Rights Director to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2025-511. Resolution approving cancellation of sidewalk assessments for properties located at 1029 Grant Avenue, in the amount of $316.73, 1412 Commercial Street, in the amount of $1,024.72, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2025-512. Resolution approving the award of the bid to Aspro, Inc., of Waterloo, Iowa, in the amount of $24,750.00, approving the contract and certificate of insurance, in conjunction with the FY 2025 Furgerson Fields Basktetball Court Overlay Project, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2025-513. Resolution approving award of hotel/motel tax council discretionary funds to the Friends of NCC in the amount of $12,000.00. Resolution adopted and upon approval by Mayor assigned No. 2025-514. Resolution approving Hotel/Motel Grant award in the amount of $3,000.00 to Main Street Waterloo for funding for the Main Street Iowa Fall meeting and $15,000.00 to Experience Waterloo for event barriers. Resolution adopted and upon approval by Mayor assigned No. 2025-515. Resolution awarding bid to Iowa Wall Systems, Inc., of Waterloo, Iowa, in the amount of $12,100.00, in conjunction with the Veterans Memorial Hall painting and Hall Repair, and authorizing the Mayor to execute said document. Resolution adopted and approved upon approval by Mayor assigned No. 2025-516. Resolution to award bid to Don Gardner Construction of Waterloo, Iowa, in the amount of $24,785.00, in conjunction with the remodel of the Waterloo Convention Center Skyewalk between the Hotel and Convention Center, and authorizing the Mayor to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2025-517. Motion approving Change Order No.2 with Baker Enterprises, Inc., of Waverly, Iowa, for a net increase of $79,800.00, in conjunction with FY 2025 W.A.R.P. 4th Addition, Contract No. 1114, and authorizing the Mayor and City Clerk to execute said document. Hector Salamanca Arroyo, Board/Commission: Historic Preservation Commission, Expiration Date: April 18, 2028, [Renewal]. Page 3 of 10 Page 12 of 619 Ivan Valtchev, Board/Commission: Historic Preservation Commission, Expiration Date: April 18, 2028, [Renewal]. Nicholas Hedrick, Board/Commission: Historic Preservation, Expiration Date:April 15, 2028, f Renewal]. Liquor Licenses Casey's #2880, 1604 La Porte Road, Class C w/Sunday Sales (Renewal) Exp: 09/30/2026. Chilitos Mexican Bar & Grill, 441 E. Tower Park Drive, Class C w/Sunday Sales (Ownership Update) Exp: 08/07/2026. Dollar General #4698, 2935 Logan Avenue, Class B w/Sunday Sales (New) Exp: 07/14/2026. Dollar General #20584, 1650 Idaho Street, Class B w/Sunday Sales (Ownership Update) Exp: 11/06/2026. Friendship Village, 600 Park Lane, Class F w/Outdoor Service and Sunday Sales Renewal) Exp:10/18/2025. Kwik Star #1004, 111 E. Donald Street, Class B w-Sunday Sales (Renewal) Exp: 10/21/2026. Lounge Bar, LLC, 32 lafayette Street, Class C w/Sunday Sales (Ownership update) Exp: 07/09/2026. Maui Wowi Iowa, 257 Ansborough Avenue, Class C w/Outdoor Service and Sunday Sales (New) (5-Day) Exp: 09/21/2025. Narey's 19th Hole, 2073 Logan Avenue, Class C w/Sunday Sales (Renewal) Exp: 08/22/2026. National Dairy Cattle Congress, 250 Ansborough Avenue, Class C w/Sunday Sales (Unlicense Location) Exp: 02/28/2026. Queen of Peace Church, 320 Mulberry Street, Class C w/Outdoor Service and Sunday Sales New) (5-Day) Exp: 09/18/2025. Tobacco Outlet Plus #500, 1803 La Porte Road, Class B w/Outdoor Service (Renewal) Exp: 10/14/2026. Tobacco Outlet Plus #500, 1803 La Porte Road, Class B w/Outdoor Service (Premises Update) Exp: 10/14/2026. Bonds. PUBLIC HEARINGS FY 2026 Sidewalk Repair Assessment Program - Zone 5A, Contract No. 1127. Boesen/Wilder to receive and file proof of publication notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Page 4 of 10 Page 13 of 619 Boesen/Wilder to close the hearing. Voice vote -Ayes: Seven. Motion carried. Boesen/Wilder Resolution adopting Proposed Resolution of Necessity, as proposed or amended. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-518. Boesen/Wilder Resolution approving proposed construction of sidewalk improvements. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025- 519. Boesen/Wilder Resolution to fix the value of lots. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-520. Boesen/Wilder Resolution to adopt proposed plat and schedule of assessments and estimate of costs. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-521. FY 2026 Sidewalk Repair Assessment Program - Zone 5A, Contract No. 1127. Nichol/Creighton-Smith to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, questioned where the zone is located. Jamie Knutson, City Engineer, explained the boundary of the zone. Nichols/Creighton-Smith to close hearing and receive and file oral comments. Voice vote -Ayes: Seven. Motion carried. Nichols/Creighton-Smith Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-522. Nichols/Creighton-Smith to receive, file and instruct City Clerk to read bids. Voice vote -Ayes: Seven. Motion carried. Engineer's Estimate: $87,278.84 Brock Even Construction, LLC, Jesup, IA - 5% - $76,843.42 Page 5 of 10 Page 14 of 619 Nichols/Creighton-Smith Resolution approving award of bid to Brock Even Construction, of Jesup, Iowa, in the amount of $76,843.42, approving the contract, bond and certificate of insurance, in conjunction with the FY 2026 Sidewalk Repair Assessment Program - Zone 5A, Contract No. 1127, and authorizing the Mayor and City Clerk to execute said document. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-523. Ansborough Avenue CMAQ, Traffic Signal Fiber Optic Installation from Downing Avenue south 2.7 miles to Fischer Drive, Contract No.07-8155-784. Boesen/Nichols to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, questioned if new fiber cables will have to be laid or if they can use the residential fiber to pay for the project. Safiah Elahi, Traffic Operations Director, confirmed that existing fiber can be used, and said that grant funding is available to help cover the project. Boesen/Nichols to close the hearing and receive and file oral comments. Voice vote -Ayes: Seven. Motion carried. Boesen/Nichols Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-224. Mr. Boesen questioned if the cost of the project will be lower since we're using existing fiber. Safia Elahi explained that the project cost will not be affected. Randy Bennett, Public Works Division Manager, clarified that the $524,947.50 for this project and the $774,627.00 for the Broadway Street project are both fully paid for with the grant. Boesen/Nichols Resolution approving award of bid to K&W Electric of Cedar Falls in the amount of $524,947.50, approving the contract, bonds, and certificate of insurance, in conjunction with the Ansborough Avenue CMAQ, Traffic Signal Fiber Optic Installation from Downing Avenue south 2.7 miles to Fischer Drive, Contract No.07-8155-784, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-225. Broadway Street CMAQ Traffic Signals, Fiber Optic Installation, Broadway Street, US 63 north 4.2 miles to US 218, Contract No.07-8155-785. Nichols/Creighton-Smith Page 6 of 10 Page 15 of 619 to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Nichols/Creighton-Smith to close the hearing. Voice vote -Ayes: Seven. Motion carried. Nichols/Creighton-Smith Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-526. Nichols/Creighton-Smith Resolution approving award of bid to K&W Electric of Cedar Falls in the amount of $774,627.00 approving the contract, bonds, and certificate of insurance, in conjunction with the Broadway Street CMAQ Traffic Signals, Fiber Optic Installation, Broadway Street, US 63 north 4.2 miles to US 218, Contract No.07-8155-785, and authorizing the Mayor and City Clerk to execute said documents. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-527. Demolition and Site Clearance Services, Contract No. D-2025-08-01 P. Chiles/Wilder to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments. Beverly Cosby, 315 Wendell Ct, questioned the address of the properties for demolition. She explained that she is concerned that some of the homes on the list are not part of this demolition and asked how long a home will stay on the list. Aric Schroeder, City Planner, commented that it can vary and explained the steps a property has to go through prior to being demolished, and the average is six months to one year to demolish a property. Chiles/Wilder to close hearing and receive and file oral comments. Voice vote -Ayes: Seven. Motion carried. Chiles/Wilder Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-528. Chiles/Wilder to receive, file, and instruct the City Clerk to read bids and refer to the Community Planning and Development Director for further review. Voice vote -Ayes: Seven. Motion carried. Page 7 of 10 Page 16 of 619 Engineer's Estimate: $170,000.00 Midwest Demolition Contractors, Inc., Walford, IA - 5% - $224,700.00 Peterson Contractors, Inc. Reinbek, IA -5% - $283,200.00 DeCarlo Demolition Co., Des Moines, IA - 5% - $242,600.00 Lehman Trucking & Excavating, Inc., Waterloo, IA - 5% - $301,570.00 Demolition and Site Clearance Services, Contract No. RD-2025-08-02P. Wilder/Chiles to receive and file proof of publication of notice of public hearing. Voice vote -Ayes: Seven. Motion carried. This being the time and place of the public hearing, the Mayor called for written and oral comments and there were none. Wilder/Chiles to close hearing. Voice vote -Ayes: Seven. Motion carried. Wilder/Chiles Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-529. Wilder/Chiles to receive, file, and instruct the City Clerk to read bids and refer to the Community Planning and Development Director for further review. Voice vote -Ayes: Seven. Motion carried. Engineer's Estimate: $140,000.00 DeCarlo Demolition Co., Des Moines, IA - 5% -$324,011.00 Lehman Trucking & Excavating, Inc., Waterloo, IA - 5% - $317,375.00 RESOLUTIONS Request by E & A Properties, LLC, for an appeal of the City Engineer to allow for automobiles to be parked in the city -owned right-of-way of West 16th Street northeast of Jefferson Street, in the "M-1" Light Industrial District. Chiles/Creighton-Smith Roll Call vote -Ayes: Six. Nays: One (Boesen). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-530. Mr. Boesen requested an overview. Jamie Knutson, City Engineer, explained that by ordinance he is not allowed to approve paving for parking, only council has that authority. He is not opposed to the work being done as it meets all the requirements for storm water in our site plan. Mr. Boesen questioned where they would take their snow. Page 8 of 10 Page 17 of 619 Jamie Knutson commented that it is his understanding that E&A Properties did not intend to pave the right-of-way for a while and would not be able to use it for parking until it was paved. Noel Anderson, Community Planning and Development Director, commented that future action would still need to come before council as this is not their property. Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for the rehabilitation of 627 W. 3rd Street, including an acquisition grant of $33,500.00, and authorizing the Mayor and City Clerk to execute said documents. Chiles/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-531. Forest Dillavou, 1725 Huntington Drive, commented that the city should have acquired the property through 657A, condemned it, then given it away rather than spending taxpayer dollars. David Dryer, 3145 W. 4th Street, commented that Thorson Rentals paid $33,500.00 for the property, and now we're going to pay them and then give it away. This needs to stop. Noel Anderson, Community Planning and Development Director, provided an overview of the project. Andy Conger, Construction Director at Habitat for Humanity, commented that they really want to acquire the properties that are headed down a path, before they go through the 657A process. Mr. Boesen questioned how the project would be funded. Noel Anderson commented that the project could be funded with either bond funds or ARPA grant funding. Mr. Simon questioned why the property could not be acquired through 657A. Noel Anderson commented that he would need to look back at his notes, but he does not think it was vacant long enough. Many times, while waiting for the timeline criteria to be met, the property inevitably gets worse, and we end up having to demolish the structure rather than rehabilitate. Habitat for Humanity decided to move ahead with the acquisition to rehab it versus us potentially spending $30,000.00 to demolish it. Mr. Simon questioned when it would be decided that the funds would be paid for with bonds or grants. Noel Anderson explained that they are currently working on the ARPA project, so fairly quickly. Mr. Feuss commented that it saves the city money in the end to partner with Habitat to find homes that are not to the point of the 521 Pine address discussed at the work session. Mr. Chiles commented that he would like to see more accountability to prevent properties from falling into disarray. Page 9 of 10 Page 18 of 619 Resolution to approve an American Rescue Plan Act Subrecipient Agreement in the amount of $500,000.00, with Iowa Heartland Habitat for Humanity, and authorizing the Community Planning and Development Director to execute said document. This item was removed from the agenda by an amendment. Resolution approving a request by Brent Bohlen for an Encroachment Agreement to allow a patio, pergola, and fence in the city -owned alley right-of-way in the "R-1" One and Two Family Residence District, located at 130 Columbia Circle, and authorizing the Mayor and City Clerk to execute said document. Nichols/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-532. Resolution approving an addendum to the current contract with Per Mar Security for the Waste Management Services Plant, extending the contract for three (3) years and outlining rate increases each year, and authorizing the Mayor to execute said document. Nichols/Creighton-Smith Roll Call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-533. Resolution awarding bid to Iowa Wall Systems, Inc. of Waterloo, Iowa, in the amount of $12,100.00, in conjunction with the Veterans Memorial painting and Hall Repair, and authorizing the Mayor to execute said document. This item was moved to the consent agenda by an amendment. Resolution to award bid to Don Gardner Construction of Waterloo, Iowa, in the amount of $24,785.00, in conjunction with the remodel of the Waterloo Convention Center Skywalk between the Hotel and Convention Center, and authorizing the Mayor to execute said document. This item was moved to the consent agenda by an amendment. ADJOURNMENT Nichols/Boesen that the council adjourn at 6:19 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 10 of 10 Page 19 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Martin Petersen, City Attorney Legal Department Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation - Second Offense with Kwik Star #580, 506 W. 9th Street, Waterloo, Iowa, and acceptance of a civil penalty in the amount of $1,500.00, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Acknowledgment/Settlement Agreement for Tobacco Violation - Second Offense with Kwik Star #380, 506 W. 9th Street, Waterloo, Iowa 50702,and accept civil penalty in the amount of $1,500.00, and authorizing the Mayor and City Clerk to execute said document. SUMMARY STATEMENT AND BACKGROUND INFORMATION First Violation was May 14, 2025. Waterloo Police then returned on June 18, 2025, and again a sale was made to a minor. This is for the second violation. The civil penalty goes from $300.00 to $1,500.00 for second violation. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 20 of 619 ATTACHMENTS 1. Kwik Star #380-Tobacco Violation -Second Offense Order Page 21 of 619 BEFORE THE WATERLOO CITY COUNCIL IN RE: KWIK STAR #380 506 W. 9TH STREET ORDER ACCEPTING WATERLOO, IOWA 50702 ACKNOWLEDGMENT/SETTLEMENT AGREEMENT —SECOND VIOLATION On this 6th day of October, 2025, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above - captioned permittee and the City of Waterloo. Pursuant to the Agreement, IT IS THEREFORE ORDERED that: a civil penalty in the amount of One Thousand Five Hundred Dollars ($1,500.00) be assessed against the above -captioned permittee to be paid within sixty (60) days of the date of this Order. If permittee does not pay the civil penalty within sixty (60) days, then a thirty (30) day cigarette permit suspension be executed against the above - captioned permittee effective the 61' day after the date of this Order. This sanction will count as a Second Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(b). Mayor Quentin Hart ATTEST: Kelley Felchle, City Clerk Page 22 of 619 IN RE: KWIK STAR #380 506 W. 9TH STREET ACKNOWLEDGMENT/ WATERLOO, IOWA 50702 SETTLEMENT AGREEMENT SECOND VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official "Second Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) understand that the penalty for this second violation is a civil penalty of One Thousand Five Hundred Dollars ($1,500.00) OR a suspension of my (our) cigarette permit for thirty (30) days, beginning on the date that will be specified in the official City Order that I will receive. The above - captioned permit holder hereby waives all jurisdictional claims. KWIK STAR #380 Sx.ott 7- Z:ct io Owner Date: Se e. ,er- S , Zc' 6 In accordance with Iowa Code §453A.22(2)(b), the above -captioned permittee chooses the following penalty: $1,500.00 fine 30-day suspension NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. Page 23 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving the request of Tim Frederick for a waiver for a concrete driveway, located at 2523 W. 3rd Street, 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 2523 W. 3rd 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 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 24 of 619 ALTERNATIVE ACTION LEGAL DESCRIPTION Tract 14, Lewis Miller's Small Farms, City of Waterloo, Black Hawk County, Iowa. AND That portion of the alley located between West 3rd Street and Home Park Boulevard, lying South of West 3rd Street and adjacent to Tract 14, Lewis Miller's Small Farms, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. DW Waiver_2523 W 3rd St Page 25 of 619 WAIVER Date: (i151 1.y Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: hereby request a waiver to the driveway and sidewalk specifications for the construction of a(n) Co Pi re-t e_ driveway or sidewalk located at (concrete or asphalt) 7_9) (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of twelve dollars ($12.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner Signature of Property Owner Page 26 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving request of Michael Cole, for a waiver for a concrete driveway, located at 707 Belle Street, and authorizing the construction of a concrete 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.AII 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 27 of 619 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Lot No. Fifty-eight (58) in Cedar Terrace Second Addition, Section 7-88-12, Black Hawk County, Iowa ATTACHMENTS 1. DW Waiver 707 Belle St Page 28 of 619 WAIVER Date:'c775— Hororable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I heheby request a waiver to the driveway and sidewalk specifications for the construction of a(n) GohG,^c e driveway or sidewalk located at (concrete or asphalt) 707 se.de_ This waiver is needed because of: (Address) special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: (. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk Is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5, To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Atteched herewith is a payment in the amount of twelve dollars ($12.00) for the purpose of recording this agreement. Respectfully submitted, Mr,/ CJ Printed Name of Property Owner Signature.of,Property Owner Page 29 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving the request of James Varney for a waiver for a concrete driveway, located at 1057 Dundee Avenue, with the elimination of the sidewalk section due to inability to meet grade requirements. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway at 1057 Dundee Avenue. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $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 30 of 619 ALTERNATIVE ACTION LEGAL DESCRIPTION Lot 21 in Block 10 in "Hagerman Place" in the City of Waterloo, Iowa ATTACHMENTS 1. DW Waiver 1057 Dundee Ave Page 31 of 619 WAIVER Date: q1,3ZS Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a(n) C n re+re?_ driveway or sidewalk located at (concrete or asphalt) ICJ 7 ljin v-1 P.9_ tA-ki (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern,,paving brick). )C elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of twelve dollars ($12.00) for the purpose of recording this agreement. Respectfully submitted, J Printed Name of Propeity Owner Si+ atu e of Property Owner Page 32 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving the request by Cedar Valley 4 Rent LLC, for tax exemptions on the construction of a new commercial building valued at $400,000.00, for property located at 339 W. 13th Street and located in the Consolidated Urban Revitalization Area (CURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the commercial property under the Consolidated Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.8: Continue efforts to foster new investments and development in City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area (CURA). IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION ANTHONY BAKERS ADDITION LOT 6 LOT 7 LOT 8 BLK 56 ATTACHMENTS 1. 339 W 13th St CURA Form Page 33 of 619 2. 339 W 13th St CURA Map 3. 3 Stooges, LLC - Development Agreement - 05.02.2022 (RECORDED) Page 34 of 619 For Office Use Only Date Received: •_ r . 'r} Received by: Staff to make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City priorlo Ilse I ° warkitaa day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. 4. Commercial properties must have a development agreement with the City That includes a minimum assessment agreement. Please fill out the following information for your application to be submitted to the City Council Ca,- l.Ct�e- Vp\><�, LA �a\', \IE SIGNATURE: ADDRESS: 33° 1,3 13 ' Sal- EMAIL: ere. r-t s Q e,r-C,r e. • c.c."-` TELEPHONE: 319-iS3O- 5000 DATE: R-as '.)_S A What is the Address of the property being improved? 331 (....) I3''`' St` What is the Legal Description of the property? (May be available at County Recorder's Office on 2r4 floor of the Courthouse)? PJ-s,4i-.�Y.-1� s7S 0�t.. t9,-, t-�� l.F 1,,} 91- 4 k1 54 B. Indicate desired exemption schedule: (1 or 2) 1, One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. (?....),A partial exemption on the actual value added by improvements according to the following schedule: a. First Year--------80% b, Second Year 70% c. Third Year--------60% d. Fourth Year 50% e. Fifth Year -40% f. Sixth Year-----40% g h Seventh Year----30% Eighth Year 30% Ninth Year-- 20% Tenth Year20% Note: Residentially assessed properties receiving the CURA tax abatement incentive will not receive tax abatement on school district taxes. Therefore, all residential properties will pay the school district portion of the property taxes effective July 1, 2024. C. What was the nature ofthe improvetnent(s)?+ it D. if this is not a single-family dwell in unit, wltich you own and reside in, will these improvements create a displacement of your tenants? Yes No E. What was the cost of the improvement? TcaD F Estimated or actual date of completion of these improvements? h%V o�y Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility, DO NOT Write Below this line- Office Use Only G. City of Waterloo Building and Inspections Department Information: Permit Number: Date permit was issued: 007/Zo2 Total permit(s) valuation: i7(_)/ (XX) CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTYASSESSOR OFFICE USE ONLY APPROVED DATED: DENIED T J. Koenigsfeld Black Hawk County Assessor Page 35 of 619 339 W 13th St 04590 180 270 Fee Esri Community Maps Contrb»tprs, Iowa DNR, © Opec(StreetMap, Microsof , Esri, TomTom, Garmin, SafeGraph, GeoTechnologi , Inc, METI/NASA, US S, y ce EPA, NPS, US Census Bureau, USDA, USFWS, So s: Esri, Maxar, Airs DS, USGS, NGA, NASA, CGIAR, N Ro/ inson, NCEAS, NLS, 9S, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geojp d, FEMA, Intermap, US Page 36 of ti19 IIII HII 01 HII HII I III HI III 111 I i Doc ID: 011801760017 Type GEN Recorded: 07/27/2022 at 04:28:10 PM Fee Amt: $87.00 Page 1 of 17 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2023-00001559 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of ,}-(cL( , 2022, by and between 3 Stooges, LLC ("Company"), and the City of Waterlbo, Iowa ("City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, 2015, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the Rath Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and construct a building and related improvements on property located in the Urban Renewal Area. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that the development of the Property (defined below) 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 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 to Company for the sum of $1.00 (the "Purchase Price") the real property described on Exhibit "A" attached hereto (the "Property"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real Page 37 of 619 property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall have no duty to accept title to the Property until City has completed demolition activities in accordance with Section 6.A. City shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property a commercial building of no less than 6,000 square feet, and related parking, landscaping, and other improvements to the buildings and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Parking shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. Company shall submit specific building designs and site plans for City review and approval before the commencement of construction. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by 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 development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the Improvements by November 30, 2023 (the "Project Start Date"), and construction of Improvements must be Substantially Completed within six (6) months after commencement (the "Project Completion Date"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto. 2 Page 38 of 619 If Company has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 15, title to the Property shall revert to City, and City shall have no further obligation hereunder. If construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Completion Date. If construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 15, title to the Property shall revert to City, and City shall have no further obligation hereunder. 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 or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within 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 constitute and appoint City as its attorney -in -fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of 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 to any location on the Property and for payment of any associated connection fees. 6. Additional City Assistance. The incentives described in the following subsections of this Section 6 are in addition to the other Project incentives extended by City to Company hereunder. 3 Page 39 of 619 A. Demolition. City will demolish all structures on the Property, remove all trees and stumps, and remove all debris, leaving a relatively level and construction -ready site. B. Partial Tax Exemption. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law, provided that Company meets all requirements to qualify for such exemption. 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful 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 assessed valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the aggregate amount of $250,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property (other than any demolition that may be authorized herein), Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign and deliver the MAA to City concurrently with execution and delivery of this Agreement. 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, 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 4 Page 40 of 619 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. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until Substantial Completion of the Improvements, 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. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA 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. D. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. E. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 5 Page 41 of 619 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. 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 any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 6 Page 42 of 619 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 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 about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against the Property; 7 Page 43 of 619 D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 15. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of 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 8 Page 44 of 619 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. 16. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 17. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 18. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 9 Page 45 of 619 19. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 20. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, 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 3510 Kimball Avenue, Suite H, Waterloo, Iowa 50702, Attention: Anthony Fischels. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 21. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 22. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 23. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this 10 Page 46 of 619 Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 24. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 25. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 26. Counterparts. This Agreement may be executed in 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. 27. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 28. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 11 Page 47 of 619 CITY OF WATERLOO, IOWA By: � Quentin M. Hart, Mayor e; Attest:1."(,( Kelley Felchle) City Clerk 3 STOOGES, LLC By: Anthonischels Managing Member PERSONAL GUARANTY. The undersigned person(s), being either an owner, officer, shareholder, member and/or manager 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. Anthonfv F,(schels 12 Page 48 of 619 EXHIBIT "A" Legal Description of Property: Lots 6, 7 and 8 in Block 56 in Anthony Baker's Addition to the Town (now City) of Waterloo, Black Hawk County, Iowa. Also, that part of vacated Bluff Street described as the Northeasterly Twenty-five feet (25') of Bluff Street adjacent to Block 56 of Anthony Baker's Addition, Tying Northwesterly of a Southwesterly extension of the Southeasterly line of Lot 8 of said Block 56, and lying Southeasterly of the Southeasterly line of West 13th Street, City of Waterloo, Black Hawk County, Iowa, subject to the retention of a utility easement over, under and upon the Northwesterly twenty feet (20') of the above described vacated Bluff Street. Page 49 of 619 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2022, by and among the CITY OF WATERLOO, IOWA ("City"), 3 Stooges, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the Rath Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $250,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed before May 31, 2024. If they are not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2030. Nothing herein shall be deemed to waive the Company's s under Iowa Code § Page 50 of 619 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA 3 Stooges, LLC a By: By: Quentin M. Hart, Mayor Attest: 9 C Kelley Felchle STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Anthon ischels Mana g Member On this day of ��� , 2022, before me, a Notary Public in and ILLfor the State of Iowa, personally appeare Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City 2 Page 51 of 619 Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on Fischels as Managing Member of 3 Stooges, LLC. , 2022, by Anthony -Artykkkuntu ILbtuu,ieL,Lco Notary ublic /OVA MELISSA YOUNGBLUT COMMISSION NO. 747753 MY COMMISSION EXPIRES JULY 06 2022 3 Page 52 of 619 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be Tess than Two Hundred Thousand Dollars ($250,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. sor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on '� 2022, by T.J. Koenigsfeld, Assessor for Black Hawk County, to /OW, ADRIENNE MILLER COMMISSION NO. 809109 MY COMMISSION EBRUARY 23, 024 EXPIRES Page 53 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving the request by Jeffrey Dow, for tax exemptions on the construction of a new condominium unit valued at $269,000.00, for property located at 4133 Omaha Avenue and located in the City Limits Urban Revitalization Area (CLURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION PRAIRIE MEADOW ESTATES A CONDOMINIUM UNIT 4133 ATTACHMENTS 1. 4133 Omaha Ave CLURA Form Page 54 of 619 2. 4133 Omaha Ave CLURA Map Page 55 of 619 For Office Use Only • Date Received: `q l�f W�) Received by: / `'T' Sufrio nukes copy fox applicant CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW DWELLINGS AND DAYCARE CENTER IMPROVEMENTS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITAL1ZAf1ON AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property lax exemptions for newly constructed residential dwellings and daycare centers, and any additions or major renovations for utilizing a residential home for children daycare center provided that they meet the following criteria: Be located within the CL URA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. Any such day care facilities must be registered with the State of Iowa for day care use. 3. This application must be filed with City priorlo the I" workine day of February following the year when the improvements are completed to comply with the timeline of the State Code of Towa, Section 404.4 unnumbered paragraph 2. However, a single application may be Bled upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. 4. Daycare facilities may need a development agreement with the City. Please contact the Waterloo Planning and Zoning Department for more information. Please fill out the following information for your application to be submitted to the City Co NAME: Dow SIGNATURE: ADDRESS: ((�� ��` f ,l ;1 �(� TELEPHONE "1 1 31-\ r (1-i`-I- 1 DATE: 41 253 VS I i Jfqo 1UC EMAIL: �Q.i , a !Dow odolci(y rccnn A. What is the Address of the property being improved? 133 WOO nioz W hat is the/Legal Description of the property? (May be available at County Recorder's Office on 2' floor of the Courthouse) B. Indicate desired exemption schedule: (1 or 2) 1. ✓ One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a First Year----------80% b. Second Year----70% c. Third Year--------60*/o d. Fourth Year 50% c. Fifth Year10% f Sixth Year10% g. Seventh Year 30% h. Eighth Year30% i. Ninth Year20% j. 'Tenth Year---- ..... 20% Note: Residentially assessed properties receiving the CEURA tax abatement incentive will not receive tar abatement on school district taxes. Therefore, all residential properties will pay the school district portion of the properly taxes effective July 1, 2024. C. Wh4t was thearea ure ltrie iLnprovement(s)? D. What was the cost of the new constructiort�( )r C)-Y. 2-1ygC E. Estimated or actual date of completion of this new construction? C j)[ �I [_ . LJ11 .DI25 Note: City Council approval does not guarantee lax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's OIFcc for criteria eligibility. DO NOT Write Below this line - Office Use Only F. City of Waterloo Building and inspections Department Information: Permit Number: ,,+/.n 6() JCS i Dale permit was issued: 0070&/2 Ly 'total permit(s) valuation: tom}+-''i' CITY OF WATERLOO APPROVED DENIED 1)ATEI): RESOLLTI'ION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DATED: DENIED T.J. Koenigsfetd Black Haws: County Assessor Page 56 of 619 MOURNING DOVE DR MOURNING DOVE DR 04590 180 270 Feet Esri Comriunity Maps Contribjtors, !owl DNR, © OpenStreetMap, Mi Esri, TomTom, Garmin, SafeG aph, Geojechnologies, Inc, METI/NASA EPA, NPS, US Census Bureau, USDA, US=WS, Sources: Esri, Maxar, Air USGS, NGA, NA A, CGIAR, N Robinson, NCEAS, NLS, 0 Geodatastyrelsen, Rijkswatersta t, GSA, Geoland, FEMA, Intermap, and user com rosoft, USGS, us DS, , NMA, CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving the request by Natesh Yepuri, for tax exemptions on the construction of a new single-family house valued at $549,900.00, for property located at 1825 Red Tail Drive and located in the City Limits Urban Revitalization Area (CLURA). RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION AUDUBON HILLS SECOND ADDITION LOT 17 ATTACHMENTS 1. 1825 Red Tail Dr CLURA Form Page 58 of 619 2. 1825 Red Tail Dr CLURA Map Page 59 of 619 Date Received: Received by: 7" Staff to make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW DWELLINGS AND DAYCARE CENTER IMPROVEMENTS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban RevitalizationArea (CLURA) allows property tax exemptions for newly constructed residential dwellings and daycare centers, and any additions or major renovations for utilizing a residential home for children daycare center provided that they meet the following criteria: I, Be located within the CLURAbouudaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. Any such day care facilities Inust be registered with the Stale of Iowa for day care use. 3. This application roust be filed with City prior to the welting day of February following the year when the improvements are completed to comply with the timeline of the State Coda of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed. upon completion of eu entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. 4. Daycare facilities may need a development agreement with the City. Please contact the Waterloo Planning and Zoning Department for more information. Please fill out the fallowing information for your application to be submitted to the City Council. NAME: Natesh Yepuri ADDRESS: 1825 Redtail drive, Waterloo, 50701 TELEPHONE: 315-897-7309 S[GNATURE: EMAIL: DACE: na eshyepuri@gmail.com 05/30/2025 A. What is the Address of the property being improved? 1825 Red Tail Drive, Waterloo, IA 50701 What is the Legal Description of the property? (May be available at County Recorder's Office on 2'.1 floor of the Courthouse) Lot 17 In Audubon Hills Second Addition to the city of Waterloo, Iowa B. Indicate desired exemption schedule:(1 or 2) One Hundred Percent (100%) exemption for three years on the actual value added by improvements; A partial exemption on the actual value added by improvements according to the following schedule: a. FirstYear-----110% b. Second Year-- 70% e. Third Year------60% d. Fourth Year 50% e. Fifth Year----------40% t: Sixth Year40% g. Seventh Year----.-30% h. Eighth Year------30% i. Ninth Year--------20% j. Tenth Year-----20% Note: Residentially assessed propetties receiving the. CLURA tax abatement incentive will not receive tax abatement on school district taxes. Therefore, all residentialproperties wilt pay the school district portion of the propetty taxes effective Iuly I, 2024. C. What was the nature of the improvement(s)? single - family new construction D. What was the cost of the new construction? 540,000.00 B, Estimated or actual date of completion of this new construction? June 2, 2025 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. DO NOT Write Below this line — Office Use Only F. City of Waterloo Building and Inapeclions Department Information: Permit Number: W# 07 Date permit was issued: Total permits) valuation: LCITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: I BLACK HAWK COUNTYASSESSOR APPROVED DATED: DENIED TJ. Koenigsfeid Black Hawk County Assessor Page 60 of 619 RED •TAIL- DR Esri Community Maps Contributors, loyva DNR, ©q.enStreetMa., Microsoft, Esri, TomTom, Garmin, SafeGraph, G oTechnologj s, Inc, MET I ASA, USGS, EPA, NPS, US Census Bureau, USDA USFWS, So ces: Esri, Ma ar, Airbus DS, USGS, NGA, NASA, C/3IAR, N Roby on, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, 5°/SA, Geoland FEMA, Inter ap, and t cj user comr Pagg, 61 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department AGENDA ITEM TITLE Resolution accepting improvements of Mustedan 1st Addition. RECOMMENDED COUNCIL ACTION MEETING DATE October 6, 2025 SUMMARY STATEMENT AND BACKGROUND INFORMATION The improvements required as a condition precedent to the approval of Mustedan 1st Addition, Waterloo, Iowa; namely the installation of sanitary sewer, has been completed in substantial conformance with the construction plans, standards, and requirements of this office. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 62 of 619 Page 63 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as October 20, 2025, to approve a Site Plan Amendment request by Pella Building Systems on behalf of BKKS Holdings, to construct a storage facility in "M- 2,P" Planned Industrial District located east of 155 Warp Drive, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting a Site Plan Amendment for the purpose of constructing a new storage facility in the "M-2,P" Planned Industrial District located east of 155 Warp Drive. The applicant has submitted a site plan. The site plan shows 7 proposed buildings (52,050 in total square footage) to the south of the property and 6 future buildings (42,050 in total square footage) to the north. The site plan meets all applicable setbacks and height requirements. However, parking was not shown on the site plan. The area is designated for "Industrial" on The Future Land Use Map. Similarly, the immediate vicinity is zoned "M-2,P" Planned Industrial District. Therefore, the request would not alter the essential character of the neighborhood. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the area. The lots in immediate vicinity of the site in question are zoned "M-2,P" Planned Industrial District and would fit the industrial character of the area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held by the Planning, Programming, and Zoning Commission on September 9, 2025 and notice was sent to all property owners within 250 feet. The Commission recommended approval of the request 8-0. Page 64 of 619 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Lots 34, 35, 36, 37, 38, and 39 of Waterloo Air and Rail Park 4th Addition ATTACHMENTS 1. Storage Facility East of 155 Warp_PZ Packet Page 65 of 619 September 9, 2025 REQUEST: Request by Pella Building Systems on behalf of BKKS Holdings for a Site Plan Amendment to construct a storage facility in "M-2,P" Planned Industrial District located east of 155 Warp Drive. APPLICANT(S): Pella Building Systems, 906 W 9th Street, Pella, IA 50219 GENERAL The applicants are requesting to construct a storage facility. DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL question. TRAIL PLAN AND COMPLETE STREETS POLICY: The request would not appear to have a negative impact on the area. The lots in immediate vicinity of the site in question are zoned "M-2,P" Planned Industrial District and would fit the industrial character of the area. The development would not appear to have a negative impact on existing pedestrian and traffic conditions in the area. The site in question would be accessed from Warp Drive. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC/OPEN SPACES/SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER. No trails or sidewalks are located adjacent to the site in The site is zoned "M-2,P" Planned Industrial District and has been since the adoption of ordinance 4077 on March 13, 1995 when it was rezoned from "A-1" Agricultural District. North, East, South, and West - "M-2,P" Planned Industrial District. The request would not require any buffer. The request does not appear to have a negative impact on drainage. The warehouses to the west of the site in question have been developed in 2023 and 2024 with the Waterloo Regional Airport buildings to the east of the site in question built in 1993. Multiple lots to the west are currently vacant. The property is not located within a floodway and floodplain according to the 2024 FEMA Floodplain Maps. The nearest open space is Big Woods Lake Recreation 2.7 miles south from the site in question. There is an 8" water main along Warp Drive and on the site in question. East of 155 Warp Drive Site Plan Amendment Page 1 of 4 9 Page 66 of 619 September 9, 2025 Picture 1: Looking east from WARP drive at area of Site Plan Amendment. Picture 2: Extension of WARP drive under construction. East of 155 Warp Drive Site Plan Amendment Page 2 of 4 10 Page 67 of 619 September 9, 2025 Picture 3: Another site under construction on the south side of WARP Drive. Picture 4: Looking west at existing buildings along WARP Drive. East of 155 Warp Drive Site Plan Amendment Page 3 of 4 11 Page 68 of 619 RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: September 9, 2025 The Future Land Use Map designates this area as "Industrial." The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. The applicant is requesting a Site Plan Amendment for the purpose of constructing a new storage facility in the "M-2,P" Planned Industrial District located east of 155 Warp Drive. The applicant has submitted a site plan. The site plan shows 7 proposed buildings (52,050 in total square footage) to the south of the property and 6 future buildings (42,050 in total square footage) to the north. The site plan meets all applicable setbacks and height requirements. However, parking was not shown on the site plan. The area is designated for "Industrial" on The Future Land Use Map. Similarly, the immediate vicinity is zoned "M-2,P" Planned Industrial District. Therefore, the request would not alter the essential character of the neighborhood. TBD The applicant is not requesting to subdivide the property. Therefore, staff recommends that the request by Pella Building Systems on behalf of BKKS Holdings for a Site Plan Amendment to construct a storage facility in "M-2,P" Planned Industrial District located east of 155 Warp Drive, be approved for the following reasons: 1 It would appear the Site Plan Amendment would not have a negative impact on the surrounding area. 2. It would appear the Site Plan Amendment would not have a negative impact on vehicular and pedestrian traffic. 3. The request would be in conformance with the Future Land Use map and Comprehensive Plan for the area. Subject to the following conditions: 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. East of 155 Warp Drive Site Plan Amendment Page 4 of 4 12 Page 69 of 619 City of Waterloo Planning, Programming and Zoning Commission September 9, 2025 WARP DRY HYPER DR W DUNKERTON RD M-2,P East of 155 WARP Drive Site Plan Amendment Pella Building Systems 13 PQgc 7n of R,1116 City of Waterloo Planning, Programming and Zoning Commission September 9, 2025 1C? 1hP [,IS Llc[_f-[_OrT!11U�1i1V East of 155 WARP Drive Site Plan Amendment Pella Building Systems 1 4 Piro 71 ,.f R1 4 of "' a r�� U �° o ri-,) 7H10�3 OWNER MKS HOLDINGS 1105 W MO STREET CEDAR FALLS. IOWA 50613 DEVELOPER BUILSO6 W 9TH L STEMS EAOWWAIEBE GOOD. PHONE: (0Ci) 295.5501 ENGINEER SNYDER 8) ASSOCIATESINC. 2T2]SNYDE IgllLE SWVARD CONTACT: KOREY MARSH, PE PHOE::5115Rj8642020 EMAIL:SH@SNVDER-ASSOGIATES.COM SITE PLAN FOR WARP -WATERLOO STORAGE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA VICINITY MAP SCALE. 1"= 500 Sheet List Table C100 TITLE SHEET C200 PROJECT INFORMATION C300 DIMENSION AND VI -IL, PLAN 0000 G ADING AND EROSION CONTROL PLAN C500 PLANTING PLAN ,off-,, I hereby that a N � , ea "nel �6e aI KOREY M. MARSH kfMarsh. pie P25347 =My License Number P25307 Goende Renewal Dale m December 31, 2020 IOWA .0 Pege, r...wvEMdbymbeeel: s s SNYDER & ASSOCIATES Project No. 125.0187.0 Sheet C100 15 Page 72 of 619 S52157'33"E 892.53' rm Stem Water Management, Drainage, And Aped Fence Access Easement m TecnniNen: WM Ioete: 0509-2025 IT-RS: TTN-RRW-SS I P� Ne:125.018701 Sheet C300 k IS 3 m ___ ___ ��_��� "a LI ___�� 40'BSL PROPOSED B0 000SF O 3A ® FUTURE BUILDING SC SF FUTURE BUILDING 8.700 SF FUTUREFUTURE BUILDING 7.250SF BUILDING 5,800SF FUTURE s 800 SF _ m m w WARP -WATERLOO STORAGE I DIMENSION AND UTILITY PLAN WATERLOO, IOWA SNYDER & ASSOCIATES, INC. , 2Iwso°0�A 515s&-20w;etes.com z = 5C 1 264,2135F 6.52 AC CD 0 o CLEANOUT 0 3A 38 LF OF 8. SANITARY SEWER®2.90% 6 3A 5B 0 I© N e4.00IOU SE) . I o Ai80' CD pm ?jt ® 11II eINV: 0 MH-1, MANHOLE, SW-301 RIV: 87008 IN91(IN NW) 86281 (OUT OS PROPOSED BUILDING 5C 11000 SF O 65 /3 , 80 PROPOSED BUILDING 8,700 SF O 55 3A 50 PROPOSED BUILDING ,z5o SF O 45 3A 40 PROPOSED BUILDING 5,800 SF O 0' 0 0' PROPOSED BUILDING 5.800 SF O 30 0 20' O w te u g S a O 625' zs BSL MI el N -Cr �" H.EX,GD�� EXISTING ANHOLE ! r ,A ! M: 88959 � O © WARP DRIVE I 1A m NV:e �,3�IR _.: SE) ®I (BY OTHERS) I, . -�_ _0 DIMENSION PLAN CONSTRUCTION NOTES THE FOLLOWING:5. WATER SERVICES, PROVIDE THE FOLLOWING: 1. EXIPSATVEMENT TO REMAIN.PROTECT A CONNECT TO EXISTING WATER MAIN WITH TAPPING SLEEVE AND VALVE. A. B. 8) WATER SERVICE. COORDINATE ANY RELOCATIONS OR ADJUSTMENTS WIH UTILITY SERVICE C. VERIFY LOCATIONVACE WITEH CVIRB STOPBUILDING WATER SERVICE. COORDINATE WITH MECHANICAL B. EXISTING UTILITIES. PROVIDER AS NECESSARY. PLANSTO D YDRANTIASSEM OR RUCTION. 2 A. GRIND (EXISTING CURBON, PROVIDE �E FOLLOWING: F. 2)WATER DOMESTBEND R. PAVEMENTS.3. L A PCCDRIVESANDPARKING6) EIP HPAVEMENTON12)PREPAREDSUBGRADECOMPACTEDTO95% 6. SITE LIGHTING. PROVIDE THE FOLLOWING: STANDARD PROCTOR DENSITY. A CONTRACTOR TO COORDINATE WITH THE UTILITY OWNER AND PROPERTY OWNER ALL ASPECTS OF B. CONNECT EXISTING PAVEMENT, DRILL AND DOWEL PER SUDAS SPECIFICATIONS. ELECTRICAL SERVICE PRIOR TO CONSTRUCTION. TO C. NO CURB. 7. SEE ARCHITECTURAL PLANS FOR BUILDING DETAILS. S N Y D E R $ASSOCIATES Pro't ed No 125.0187.01 A. TRASH ENCLOSURE. SEE ARCHITECTURAL PLANS FOR DETAILS. FEET Sheet C300 16 Page 73 of 619 EAST ELEVATION 115' NEST ELEVATION SONN FOAMS 20' DESCRIPTION COLOR TYPE EXTERIOR PANEL Charcoal R-Panel WAINSCOT N/A GUTTER/RAKE Classic Green DOWNSPOUT Charcoal CORNERS Classic Green MULLION/JAMB Charcoal ROOF Galvalume R-Panel DOORS White FRAMING *** Colors may very slightly from what is depicted on paper. Please request color samples if unsure of exact color or if matching an existing building by others. ** Buildings on a 1% slope will have a gap on one side of the door between door and concrete slab i i l l l I l i 20' NNM EM M PELLANG SYSTEMS L. 906 West 9M Street Pella, IA 90219 WW) SES-0N21 eesseaabJsnossom DESCRIPTION: ELEVATION CUSTOMER: LOCATION: Cedar Falls, IA PROJECT: BUIIdin A EXPECTED IBC: Il72015 DRN. BY JB CK'D BY DATE 1/30/25 SCALE N.T.S. REV. 00 QUOTATION NO. SHEET NO. Page 74 of 619 DOOR SCHEDULE V ID QUAN DESCRIPTION COLOR 1 2 c) n 145'-0" OUT -TO -OUT OF STEEL 10'-0" O 10'-0 © 10'-0 O 10'-0° O 10'-0° O 10'-0° © 10'-0° O 10'-0° 0 10'-0" 0 10'-0° 0 10'-0° © 10'-0° O 10'-0° O 10'-0° O 5'-0" G7 W ® V7 W G7 W G7 ® p W W W W P 20'-0' OUT -TO -OUT OF STEEL 7 C 7 C 7 C 7 C 7 C 7 C J C 7 C 7 C 7 C 7 C 7 C 7 C J C 0 0 7 FLOOR PLAN www Building and foundation plans ore designed to listed load requirements, listed per IBC. PBS suggests doing a code review or confirming with city/county, applicable codes and requirements, based on zoning/usage, that will be enforced on your protect, prior to ordering the building. wPBS is not responsible for any added requirements not shown here or on building plans. w Before ordering the building, please notify PBS of any changes 2 14 Janus 8870 M650 Rollup Janus 9070 M650 Rollup WHITE WHITE COMPARTMENT TABLE 0 ID QUAN WIDTH LENGTH 1 2 10'-0" 5'-0" 2 14 10'-0" 20'-0" North Signature Required * Before structural building/foundation plans may be started, this page must be signed and returned to PBS. * Signing does not require you to order a building and does not lock in a building price, until additional building contract and deposit is returned to PBS. Company Name: Reviewed and Signed By: Signature of Authorized Signer: Date: edll PELLA 906 Vest 911 Street Pelle, IA 50219 WOW 223-0.1 weeyeaebJAnoscen DESCRIPTION: FLOOR PLAN CUSTOMER: I PROJECT B ul 'I DRN. BY JB CK'D BY DATE 1/30/25 SCALE N.T.S. REV. 00 in Page 75 of 619 CITY OF d ,ATERLOO COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as October 20, 2025, to approve a request by Troy Morris for a Site Plan Amendment to allow for additional uses including a restaurant, ice cream shop, and sign shop in a former funeral home in the "S-1" Shopping Center District located at 3146 Kimball Avenue, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting a Site Plan Amendment to allow for additional uses including a sign shop, restaurant, and ice cream shop in an existing building that has an existing restaurant (Troy's Sandwhiches). The applicant recently went through the site plan amendment process to allow for the sandwich shop to be located in the building. That request was approved by the City Council in February. At the time, the applicant knew that other things would be going into the building, but did not know what they would be, and it was noted that when he was ready to put other businesses in the building that he would have to go back through the site plan amendment approval process. The applicant is planning on adding a restaurant (separate from the sandwich shop), additional space for Troy's Sandwiches, a sign shop (contractor business with no exterior storage), and an ice cream shop. The sign shop is what will be opening first, and the ice cream shop and the restaurant will open sometime in the future. For standard type restaurants, 1 parking space is required for each 100 square feet of floor area devoted to patron use, with a minimum of 10 spaces. The sandwich shop and the ice cream shop requires 10 spaces each. The restaurant requires 37 spaces. The sign shop requires 1 space for each 250 square feet of office floor area and 1 space for each 2 persons employed on the maximum shift. The sign shop has an office space that will be 100 square feet, and a maximum of 3 employees on a sign shift, so 3 parking spaces are required for the sign shop. The total number of parking spaces required is 60. The parking lot for the building has 43 parking spots. The applicant does have a letter from the neighboring property owner at 3151 Brockway Rd, to allow the applicant to use any of his 54 parking spots after 5 pm. These spaces do not count for ordinance purposes, but if counting them, there would be 97 available parking stalls after 5 pm. The various uses in the building in question and the property at 3151 Brockway have different peak hours, lending to shared parking working nicely and not causing parking issues. The "S-1" zoning district does allow for flexibility when it comes to parking. Page 76 of 619 NEIGHBORHOOD IMPACT The request would not appear to have a negative impact upon the surrounding area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The Planning, Programming, and Zoning Commission will hold a public hearing on October 14th, and notice letters will be sent out to property owners within 250 feet. The Commission's recommendation will be reported at the hearing. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION That Part of the Northeast Fractional Quarter of Section 4, Township 88 North, Range 13 West of the 5th P.M. in the City of Waterloo, Black Hawk County, Iowa, bounded as follows: Beginning at a point on the North Line of Park Lane which is 50.01 feet, as measured along an extension of said north line, West of the West line of Kimball Avenue; thence North 1° 12' 12" West a distance of 130.11 feet; thence North 0° 17' 12" West a distance of 144.91 feet; thence South 89° 38' 13" West a distance of 188 feet; thence South 0° 17' 12" East a distance of 275 feet to the North line of Park Lane; thence North 89° 38' 13" East along said North line a distance of 189.94 feet to the point of beginning. ATTACHMENTS 1 Overview Map - 3146 Kimball Avenue 2. Aerial Map - 3146 Kimball Avenue 3. Site Plan and Floor Plan 4. Parking Letter Page 77 of 619 City of Waterloo Planning, Programming and Zoning Commission October 14, 2025 0 CC I_ w CC U R=1 x4pTIONAL--DR R-1 ,C-Z 11 =-n—W RIDGEWAY AVE c 0 Gz 0 CC m J 0 U R-4 R-3 BROCKWAY RD W PARKLN E RIDGEWAY'AVE S-1 CATARACT AVEr R-4 TROPIC LN EDGEMONTAVE R-4,C-Z HAINES AVE R-2 BARRYINGTON DR R-3 a R =4 w CC 0 GA DR 3146 Kimball Avenue Site Plan Amendment Troy Morris, Jr. Pnnr 72 of 2oa W 4bi J City of Waterloo Planning, Programming and Zoning Commission October 14, 2025 W PARK LN Sources: Esri, TomTom, Garmin, FAO, N contributors, 3146 Kimball Avenue PARK LN A , JSGS, © OperStreetMap a d he GIS User community 3146 Kimball Avenue Site Plan Amendment Troy Morris, Jr. Pnnr-7r1ofR.1 N W fr M 7_ 3 11 sx ; I 1 _71 F K M1 900 �, m l im ur� li s�§ �M1N061�Wxr ' weitica.rUW%P$ WINOGW-1ro•wKTt( tY11NOG1"1ffi�NO ORIOV {,rWH€POWS, NO cm01 (N.WINUOWS. NO ORM "1 INTERIOR RENOVATION FOR Q 0 4.0 CD Mt- O 1 O U1 REFLS£� ' ISX' I1EPiACE i-10'W NG IffDO C ITWX mo nows, oG 3V480 WS N0 08 ax0100MA04Ninl pr>xHnaws GOO jIa4MNnOwS.No cmo�[ f� Y'S RESTAURANT 3i46-KIMBALL AVE' ,� A BRLO ' I 80 of 619 0:5_9 i•V) -0." • • r. 10) 1.7.1 A f. 0 4*-1>st'At: dit ft 1=1 •=--- I __ !-.KIMEIACI. AVENUE ACCESS ROAD/ [?r11 AVE7` .,104400, - 7 TirlTaT s • "'M. 1."Pefib J T. • '• p, 19 1. ...A. II 4.7greL,==.7.74. 20.4 Z.V IT.71"LT Ur:: II ME Or KM, =117=1,1 MAII16.1011.- COPYRIG4TO2025 BY 5.111611-501JRC LUC INTERIOR RENOVATION FOR TROY'S SANDWICHES col 12.79:24* fr, C:s 4Ary, -.Ts --------. 3146 KIMBALL AVE., WATERLOO, IA Page 81 of 619 09/22/2025 To whom it may concern, Trent Jacob Hunter, owner of the property at 3151 Brockway Rd, Waterloo, IA, hereby grant parking permission to Troy Morris Jr owner of 3146 Kimball Ave., Waterloo, IA. He has permission to use any of my 54 parking spots. Trent Jacon Hunter 319-504-4614 Trent.hunter@hawkeyecollege.edu Page 82 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving the award of bid to Midwest Demolition Contractors, Inc. of Walford, Iowa, in the amount of $224,700.00, approving the contract, bond, and certificate of insurance, in conjunction with Demolition and Site Clearance Services, Contract No. D-2025-08-01P, at 310 Upland Drive, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo accepted bids for demolition and site clearance services (no-RACM) for the demolition of 310 Upland Drive (the former Parkview care facility). The property is a 1-story commercial building, which is currently in the process of being abated of asbestos containing material (ACM). The City of Waterloo will look to award the demolition contract ahead of ACM removal being complete, but will not issue Notice to Proceed until abatement is complete. The City of Waterloo received 4 bids, with the low bid coming from Midwest Demolition Contractors, Inc. of Walford, Iowa, with a bid of $224,700. This was $54,700 over the staff estimate, however large commercial projects are very difficult to estimate, with no good method of accurately estimating quantities of materials, and staff has reviewed the bids and found that the bid from Midwest Demolition Contractors, Inc. is a good bid. Staff does not believe that a re -bid of the project would likely lead to better bids. The demolition is planned to be paid for from the Martin Road TIF. The site is planned for redevelopment as a residential subdivision. NEIGHBORHOOD IMPACT The demolition activity will have a positive impact on the neighborhood by removing blighted and abandoned buildings. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 83 of 619 SOURCE OF EXPENDITURES $224,700. Source of funds: Nuisance Abatement bonds and/or TIF funds. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1 Demolition Contract D-2025-08-01 P 2. Bid Tabulation 3. Demolition RFB Contract D-2025-06-03P 4. Addendum to Exhibit B Demolition Specifications 5. Aerials and Reports Page 84 of 619 CONTRACT D-2025-08-01P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No Regulated Asbestos Containing Materials (No RACM)] 310 Upland Dr (former Parkview care facility) This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into as of October 6, 2025 by and between the City of Waterloo, Iowa ("City") and Midwest Demolition Contractors Inc. ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of October 6, 2025 thru November 21, 2025, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, 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. 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 Contractor's RFB response, except by written amendment as provided herein. 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 all work performed, 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 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 (Addenda No. 1 dated 8/21/25) c. Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance e. Addendum to Exhibit "B" Demolition Specifications 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 $224,700 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. Page 85 of 619 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties, and all work shall be completed and delivered within the term of the Contract (except required seeding). The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced, and secured when left unattended. 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 Contract. It is anticipated that the City will issue a Partial Notice to Proceed, to allow utility disconnect work and other work in preparation of demolition activities. Demolition of buildings at 310 Upland shall not commence until the City has issued Complete Notice to Proceed, which the City will not be able to issue until asbestos abatement clearance is provided by the asbestos abatement contractor. 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. Indemnity. Except as to any negligence of City, its officials, officers, directors, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, directors, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 2 of 4 Page 86 of 619 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. 8. 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. 9. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. 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 DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 3 of 4 Page 87 of 619 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. 12. 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. 13. 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 Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA MIDWEST DEMOLITION CONTRACTORS INC By: Quentin Hart, Mayor Adam Roeder Attest: Kelly Felchle, City Clerk DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 4 of 4 Page 88 of 619 Demolition and Site Clearance Services, Contract No. D-2025-06-03P Engineering Estimate $60,000.00 June 26, 2025 Bidder Bid Security Bid Amount Earth Services & Abatement Des Moines, Iowa 5% $164,750.00 Lehman Trucking & Excavating, Inc. Waterloo, Iowa 5% $55,283.00 Thome Excavating & Grading LaPorte City, Iowa 5% $47,781.20 DeClaro Demolition Company Des Moines, Iowa' 5% $78,046.00 Page 89 of 619 CITY OF WATERLOO, IOWA of WA TF A 4f)l Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos -containing materials (no RACM)] June 2025 RFB Demolition and Site Clearance Services Contract D-2025-06-03P 1402 Mulberry Street, (City owned property), and 512 Almond Street, and 222 Randall Street (Habitat owned properties) City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 90 of 619 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the demolition, removal, disposal and site clearance services Contract D-2025-06-03P for the properties at 1402 Mulberry Street (City owned property), as well as 512 Almond Street and 222 Randall Street (Habitat owned properties). 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 June 26, 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: Demolition and Site Clearance Services Contract D-2025-06-03P Notice of RFB Date: June 5, 2025 Mandatory Walk Thru Date: There will not be a mandatory walk thru Deadline for Bid Submittal: Thursday June 26, 2025, at 1:00 p.m., Central Time Submit Sealed Bid to: Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES CONTRACT D-2025-06-03P. City Hall 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@waterloo-ia.org Phone: Phone: 319-291-4366 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 2 of 29 Page 91 of 619 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 Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday, June 26, 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 is anticipated to be at the City Council meeting on Monday, July 7, 2025. The Waterloo City Council will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the project, and potentially award the Contract at 5:30 p.m. on July 7, 2025, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street. Any person interested may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection at the hearing. Contact the City Clerk's Office at 319-291-4323 or clerks@waterloo-ia.org with questions about speaking at a public hearing. 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. 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. By making a Bid, the Bidder represents that they have examined the subject property. Any questions about the meaning or intent of the specifications must be submitted no later than seven days prior to the Deadline for Bid Submittal listed above. 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 bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage is required. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out their work. The Contractor shall provide certificate of insurance having the City of Waterloo and Iowa Heartland Habitat for Humanity as additional insured. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 3 of 29 Page 92 of 619 ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa and Waterloo Development Corporation will be named as additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty -day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the bid price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder 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 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, including references, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 4 of 29 Page 93 of 619 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for two (2) months, anticipated to be from July 7, 2025 to September 6, 2025. 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; RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 5 of 29 Page 94 of 619 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted, although the City may, at the City's sole option, provide partial payment for partial work completed. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred, and 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 and Demolition Specifications attached as Exhibit "B". 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 bids for demolition and site clearance services for: 1402 Mulberry Street (City owned property), as well as 512 Almond Street and 222 Randall Street (Habitat owned properties). The City of Waterloo is working jointly with Iowa Heartland Habitat for Humanity (Habitat) to complete demolition and site clearance services work on the noted properties owned by Habitat. The City has a separate agreement with Habitat to provide the authorization for the City to proceed with the work. 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the sites. The Bidder understands and agrees that demolition and debris removal in the RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 6 of 29 Page 95 of 619 most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFB to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the Contract. This Contract includes three properties, including: 1402 Mulberry Street (2 story fire damaged home), 222 Randall Street (2 story fire damaged home), and 512 Almond Street (1 story commercial building). Please note: All properties have been abated for asbestos containing material (ACM). 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 Bid. 4.3 There will not be a mandatory walkthrough for this project. Bidders are advised/encouraged to make their own inspections of the properties prior to bid submittal. The Planning Department is not in possession of a key for 1402 Mulberry Street or 222 Randall Street. We do have a code for a lock box for 512 Almond Street. You may call our office to get the code to the lock box. The properties may be partially boarded up and may require a cordless drill with various bits to remove boards to provide access. Please re -install any boards you remove to attempt to maintain security. Please Note: Some of the properties are 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 METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators' judgment of how well the bid addresses the City's requirements. Each prospective company is assured RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 7 of 29 Page 96 of 619 that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. SECTION VI GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo and Habitat, and their respective officials, officers, directors, employees and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 8 of 29 Page 97 of 619 deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice and all necessary supporting documentation. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 9 of 29 Page 98 of 619 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. Our bid, for demolition and site clearance of the sites are, not to exceed: 1402 Mulberry Street (City property) $ 512 Almond Street (Habitat property) $ 222 Randall Street (Habitat property) $ Total $ Total in written form: The correct summation of the actual bid tabulation figures will supersede the listed total. 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 sixty (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 Page 99 of 619 EXHIBIT `B" CITY OF WATERLOO DEMOLITION SPECIFICATIONS DEMOLITION AND SITE CLEARANCE SERVICES CONTRACT D-2025-06-03P 1402 Mulberry Street (City property), as well as 512 Almond Street, and 222 Randall Street (Habitat properties) PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Aric Schroeder, City Planner/Project Manager. 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor shall: A. Remove and properly dispose of all trees (except for trees specifically noted to remain on the attached aerial photos of each site), structures, cement slabs, and driveways, trash, rubbish, basement walls, floors, foundations, steps, planters, retaining walls, fences (except as noted to remain on the attached aerial photos of each site), wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks (excluding public sidewalks in street right-of-way), and the like from the specified property. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. E. Remove and legally dispose of mercury -containing materials including fluorescent, high-pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB -containing materials include capacitors, ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, grading, restoration and erosion control. H. Remove and replace sidewalk and paving as required. I. Complete the demolition work in accordance with the plans and these technical specifications. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 11 of 29 Page 100 of 619 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street or Sidewalk Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to submit a traffic control plan to the appropriate City authority 48 hours in advance of any lane or road closures indicating the area of closure and the signs and traffic control devises to be used to set up the closure. Adequate barricades and warning signs will be placed as required by the City. 2. If sidewalks are to be closed during demolition, submit a sidewalk closure plan that meets the ADA requirements to the Waterloo Engineering Department 48 hours prior to the scheduled closure. Contractor shall install necessary signing and barricades according to the approved closure plan. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s) to prevent access to the public unless the City's Project Manager determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal or vertical openings wider than four inches. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open -bodied trucks transporting materials likely to give rise to airborne dusts. F. Requirements for the Reduction of Fire Hazards RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 12 of 29 Page 101 of 619 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids, paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires/Explosives: No fires of any kinds will be permitted in the demolition work area. No explosives of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Utilities: The Contractor shall not damage existing fire hydrants, streetlights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities, or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for temporary relocation of utilities, which are relocated at the Contractor's request for his convenience. All below -ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures, parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall pay to repair or replace any such damage. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City and Habitat assume no responsibility for the condition of existing buildings, structures, and other property within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 13 of 29 Page 102 of 619 in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property addresses will be included in the Contract Documents. Following execution of the Contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City and Habitat in and to buildings, structures, fixtures and other personal property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and Contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. The Contractor shall obtain a demolition permit issued by the City of Waterloo Building Inspections Department, which fee will be waived for demolition of City property. The Contractor shall obtain all necessary work in right-of-way permits. 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 14 of 29 Page 103 of 619 compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris, basement walls, foundations, steps, private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed in these Demolition Specifications. B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with the term of the Contract after being notified by the City with a Notice to proceed on any given property or properties. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced and secured when left unattended. 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. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall be allowed to salvage materials from any property on this project. No salvaging shall occur on the property until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third -party salvager a certificate of insurance for general liability with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor, as well as the City of Waterloo, Iowa and Habitat, and their respective officials, officers, directors, employees and agents, shall be named as additional insured on the third -party salvager's general liability insurance policies and certificates of insurance 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 15 of 29 Page 104 of 619 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, footings, slabs of basementless structures and floors, including that of garages, are required to be completely removed and shall be broken up and removed. All basement areas and below grade excavation areas are to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re -excavation of the areas at the Contractor's expense. The City cannot provide verification regarding the area of the basements, but the Black Hawk County Assessor's detailed reports do provide indication for presence of basements and approximate areas. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of removal of any such structures is incidental and shall be included in the lump -sum bid for demolition. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 3:1 horizontal to vertical, or as directed by the City's Representative. E. Fences: Fences, guardrails, bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a Contract parcel and an improved non -Contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen (except as otherwise specifically noted or as directed by the City's Representative). The Contractor shall protect any trees on adjacent property from damage by the demolition operation. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. H. Fuel Tanks: Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 16 of 29 Page 105 of 619 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene, benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas -free when checked with a "Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. As an old farmhouse, 1318 Martin Road is presumed to have a septic tank. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein (including RACM materials) and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials and incidental demolition debris shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under the Contract. C. Tires, Household Hazardous Waste, White Goods and Electronics: Tires, household hazardous waste (HHW) (which includes propane tanks, paint, pesticides and other materials that are restricted items for disposal in municipal landfills), white goods (which include household appliances such as washers, dryers, refrigerators, stoves, dishwashers, heaters, hot water heaters, etc.) and electronics (e-waste) will be first segregated from the structures and transported to an appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed. These wastes may be segregated in the field and hauled in concentrated loads. The Contractor shall visit the site to determine the number of tires that have been abandoned on site. If any additional tires are deposited on site prior to commencing demolition activity, the Contractor shall immediately notify the City's RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 17 of 29 Page 106 of 619 Representative of the quantity of additional tires so a change order can be prepared for additional removal. A change order will only be considered if the Contractor identified the number of abandoned tires on the site in the bid tabulation. There will be no separation of any of the before listed materials for the portion of 118 Sycamore St that is to be demolished as RACM, as it is unsafe to enter. D. Disposal of Demolition Debris and Solid Waste: 1. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for entire project. All RACM debris shall be clearly identified as such. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public, private property and public infrastructure. E. Asbestos Abatement: The structures have been tested and abated for asbestos containing materials (ACM). Contractor shall notify the City's Representative if asbestos is discovered in the demolition process. No further work will be allowed until the asbestos has been removed by a licensed contractor. The handling of asbestos material is subject to all applicable state and federal mandates. Prior to commencement of demolition activities other than utility disconnects and site preparation, the Contractor shall do a walkthrough of all structures that are to be demolished and review asbestos inspection reports (which will be provided) to look for any suspect asbestos materials not identified in the inspection reports, or materials identified as ACM in the inspection reports but missed by the abatement contractor. Contractor must sign and submit the attached Addendum to Exhibit "B" Demolition Specifications for Demolition Contract D-2025-06-03P indicating that they have completed a pre -demolition walk through and have either: 1) not located any suspect asbestos materials or materials identified as asbestos containing materials, or 2) have located some suspect asbestos materials or materials identified as asbestos containing materials, with a list of materials and locations identified. Any suspect materials will be either 1) verified by either the testing contractor or abatement contractor as not ACM, or 2) tested and abated (if necessary) by the testing contractor and/or abatement contractor, and for either option the site(s) re -certified as clear of ACM. F. Freon Removal and Disposal: The handling of Freon -containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. There will be no separation of any of the before listed materials for the portion of 118 Sycamore St that is to be demolished as RACM, as it is unsafe to enter. G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 18 of 29 Page 107 of 619 demolition. There will be no separation of any of the before listed materials for the portion of 118 Sycamore St that is to be demolished as RACM, as it is unsafe to enter. 2.06 BACKFILL, GRADING, AND CLEAN UP A. Backfill: When site conditions permit, as determined by the City's Representative, soil or sand shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. All backfill shall be adequately compacted so as to minimize soil settling. C. Additional Fill Material: All additional fill material shall be of equal quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. F. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control (seeding) that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer, and straw mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 19 of 29 Page 108 of 619 thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with public and private utility companies for disconnection of services, including, but not limited to, water, sewer, electricity, natural gas, cable television, phone and internet. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor may contact the Waterloo Building Inspections Department for requirements to comply with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements to comply with this specification. C. Storm Sewer: Disconnect all sump pump and area drain connections to the storm sewer system. Notify the Waterloo Engineering Depai lenient for inspection of the disconnection prior to placing backfill material. D. Backfill and Compaction: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2. Public Right -of -Way: All areas within the public right-of-way (including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Depaitiuent for compliance with this specification. 2.08 EROSION CONTROL During demolition activities, Contractor shall control off -site vehicle track out (stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40% Berkshire Hard Fescue 30% Treasure Chewing Fescue 30% Badger Creeping Red Fescue RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 20 of 29 Page 109 of 619 Required application rate: 10 pounds per 1,000 SF. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. Once vegetation is established to stabilize the soil, the Contractor shall remove all temporary erosion control measures. City's Representative may approve alternate seeding blends that are deemed equally acceptable as determined by the City. For any sites over one acre of disturbance: 1. All of the above requirements shall be met, and 2. Contractor shall develop a Storm Water Pollution Prevention Plan (SWPPP) and obtain necessary approvals/permits from the City and State. 3. Contractor shall contact the Waterloo Engineering Department for pre -disturbance inspection prior to land disturbance, and for post -disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled, and all hazards removed. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 21 of 29 Page 110 of 619 more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pick up any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager that identifies the disposal site (Black Hawk County Landfill — refer to 2.05 (D) Disposal of Demolition Debris and Solid Waste) to which the materials were delivered. Such tickets shall be required to process billing statements by the Contractor. 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the City's Representative. The City will then inform the State Historical Society of Iowa (SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI are complete, and the City has been notified by SHSI to proceed. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a "not to exceed" basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. In the case of mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 22 of 29 Page 111 of 619 2.17 SPECIAL PROVISIONS 1402 Mulberry Street: This fire damaged home has wood fencing, some of which has already been removed. Any remaining (rear property line) is also to be removed. The driveway approach and driveway, which are shared with the abutting home at 1406 Mulberry St is to remain (protect). City owns abutting property to south, which can be used for staging. There are two street trees in front of this property that are to remain. Sidewalk and ramps to Remain (protect) Shared Driveway and Approach to Remain (protect) Remove Rear Yard Trees RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 23 of 29 Page 112 of 619 512 Almond St: This is a commercial building. The public alley and approach are to remain (protect) (see below for cut line). It has multiple trees to remove. There is one private walk to be removed (on the abutting vacant lot). Abutting vacant lot may be used for staging area, but any damage will need to be repaired. Behind rear property is also a public alley. Alley to Remain . Driveway to Remove Sidewalk to Remain (protect) RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 24 of 29 Page 113 of 619 222 Randall St: This is a two story fire damaged home. It has a shared driveway with 229 Sunnyside Avenue. The approach and driveway are to remain (protect). Most of the driveway is not on the property in question. Keep heavy equipment off the portion of the driveway on abutting property. Public sidewalk to remain (protect). ®G gle Street View May 2021 See more dates 229 Sunnyside (not part of contract) Shared driveway to remain (protect) Google Tree to remove Tree to remain (protect) • Sidewalk to remain (protect) Terms a-.o:, a.meiem RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 25 of 29 Page 114 of 619 EXHIBT "C" DRAFT CONTRACT CONTRACT D-2025-06-03P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [No Regulated Asbestos Containing Materials (No RACM)] 1402 Mulberry Street (City owned property), and 512 Almond Street, and 222 Randall Street (Habitat owned properties) This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into as of July 7, 2025 by and between the City of Waterloo, Iowa ("City") and ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of July 7, 2025 thru September 6, 2025, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, 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. Work to be performed includes all work described in the Contract Documents (defined below). Iowa Heartland Habitat for Humanity (Habitat) is an intended beneficiary of this Contract with respect to property owned by Habitat. However, Habitat is not liable to Contractor for any sums payable under or in connection with this Contract, City shall be the sole party responsible to pay Contractor for its services hereunder, and Contractor hereby waives any right to pursue collection against Habitat on any legal theory or to place a lien against any property owned by Habitat. Contractor shall provide the above services at the cost set forth in Contractor's RFB response, except by written amendment as provided herein. 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 all work performed, 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 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 (Bid) from Contractor d. Specifications for Demolition and Site Clearance In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 26 of 29 Page 115 of 619 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 on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties, and all work shall be completed and delivered within the term of the Contract. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced, and secured when left unattended. 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 Contract. 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. Indemnity. Except as to any negligence of City and Habitat, and their respective officials, officers, directors, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City and Habitat, and their respective officials, officers, directors, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City or Habitat. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 27 of 29 Page 116 of 619 Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: 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. 8. 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. 9. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 28 of 29 Page 117 of 619 11. 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. 12. 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. 13. 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 Demolition and Site Clearance 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-06-03P: 1402 Mulberry St (City property), and 512 Almond St, and 222 Randall St (Habitat properties). Page 29 of 29 Page 118 of 619 Addendum to Exhibit "B" Demolition Specifications for Demolition Contract D-2025-06-03P Date: Address or Addresses: Demolition Contractor: It is the responsibility of the demolition contractor to do a walkthrough of the entirety of all structures that are being demolished. A copy of the asbestos inspection report(s) will be provided to assist with this walk through. If any sampled or suspected asbestos containing materials are located, it is the responsibility of the demolition contract to notify the City prior to start of the demolition process. If concealed asbestos is located during the demolition, then the demolition contractor must stop work immediately and notify the City. Failure to comply with the above will make the demolition contractor responsible for any additional cost for asbestos abatement. Demolition Contractor, check ONE box below and sign ❑ I have done a pre demolition walk through and have not located any suspect asbestos materials or materials identified as asbestos containing materials. Date Signature Company ❑ or I have done a pre demolition walk through and have located some suspect asbestos materials or materials identified as asbestos containing materials. Here is a list of the materials and location: Date Signature Company Testing or Abatement Contractor, sign below if suspect materials identified I have checked the items that were identified or were suspected asbestos containing materials listed above and they were tested or abated. Site(s) are re -certified as clear of ACM. Date Signature Company Page 119 of 619 Sidewalk and Ramps to Remain (Protect) • MULBERRY ST Tree to Remain (Protect) Tree to Remain (Protect) Tree to Remove J Remove Trees Remove Fence MULBERRY ST Driveway and Approach to Remain (Protect) City Owned Property - Can be Used for Staging 1402 Mulberry St Remove Garage Esri Community Maps Contributors, Iowa DNR, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS, Sources: Esri, Maxar, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and the GIS user community City of Waterloo, Iowa Pnno 1'NI of g 1 a 0 4,000 8,00012,000 Feet Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District TIF District School District 891325254001 1402 MULBERRY ST WATERLOO IA 50703 N/A LANE AND FOWLERS SECOND ADD W 40 FT N 100 FT LOT 5 BLK 14 (Note: Not to be used on legal documents) 2024-21499(10/8/2024) 0 R - Residential (Note: This is for assessment purposes only. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH 940561- WATERLOO RATH AREA TIF WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood EWTLO-02 Owner information Deed CITY OF WATERLOO 715 MULBERRY ST WATERLOO IA 50703 Mail To CITY OF WATERLOO 715 MULBERRY ST WATERLOO IA 50703 Address Change Form Link to the Address Change Form Sales Date Seller Buyer Recording Sale Condition - NUTC Multi Type Parcel Amount 10/6/2017 HAAS,CINDYK CLARK,MARGARET 2018-00006184 QUIT CLAIM DEED Deed $1,139.00 9/2/2008 HAAS,CINDY K BASANES,ENRIQUE 2009-00004850 NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 Contract $48,000.00 10/12/1995 Show Deed/Contract Show Deed/Contract 650-326 TRANSFER TO/BY ESTATE - PRIOR 09 Land Lot Dimensions Regular Lot: 40.00 x 100.00 Lot Area 0.09 Acres;4,000 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Residental Dwellings Deed $21,000.00 Page 121 of 619 Residential Dwelling Occupancy Single -Family Style 13/4 Story Frame Architectural Style N/A Year Built 1889 Exterior Material Vinyl Total Gross Living Area 1,228 SF Attic Type None; Number of Rooms 6 above; 0 below Number of Bedrooms 3 above; 0 below Basement Area Type Full Basement Area 638 Basement Finished Area Plumbing 1 Standard Bath; 1 Mtl Stall Shower; Central Air Yes Heat Yes Fireplaces Porches 1S Frame Enclosed (100 SF); Decks Additions 1 Story Frame (48 SF); Garages 320 SF (16F W x 20F L) - Det Frame (Built 1944); Permits Permit # Date Description Amount FC 07/31/2024 Misc WA HA 1497 12/05/2006 Furnace Valuation 0 2,000 2025 2024 2023 2022 2021 Classification Residential Residential Residential Residential Residential + Assessed Land Value $4,050 $4,050 $4,050 $4,050 $4,050 + Assessed Improvement Value $0 $0 $0 $0 $0 + Assessed Dwelling Value $36,270 $52,400 $52,400 $34,470 $34,470 = Gross Assessed Value $40,320 $56,450 $56,450 $38,520 $38,520 - Exempt Value ($40,320) $0 $0 $0 $0 = Net Assessed Value Exemptions Code Description Amount $0 $56,450 $56,450 $38,520 $38,520 E86 CITY PROPERTY 56,450 Taxation 2023 2022 2021 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 + Taxable Land Value $1,877 $2,213 $2,192 + Taxable Improvement Value $0 $0 $0 + Taxable Dwelling Value $24,284 $18,838 $18,659 = Gross Taxable Value $26,161 $21,051 $20,851 - Homestead 65+ Exemption $0 $0 $0 - Military Exemption $0 $0 $0 = Net Taxable Value $26,161 $21,051 $20,851 x Levy Rate (per $1000 of value) 43.12949 40.18730 39.49908 = Gross Taxes Due $1,128.31 $845.98 $823.60 - Ag Land Credit $0.00 $0.00 $0.00 - Family Farm Credit $0.00 $0.00 $0.00 - Homestead Credit ($209.18) ($194.91) ($191.57) - Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 - Business Property Credit $0.00 $0.00 $0.00 = Net Taxes Due Homestead Year 2025 Tax History $919.13 Type $651.07 $632.03 HOMESTEAD Page 122 of 619 Year Due Date Amount Paid Date Paid Receipt 2023 March 2025 September 2024 $460 $460 Yes Yes 658982 2022 March 2024 September 2023 $326 Yes $326 Yes 509419 2021 March 2023 September 2022 $316 Yes $316 Yes 400015 2020 March 2022 September 2021 $15 Yes 6/20/2022 372616 $44 Yes 6/20/2022 2020 March 2022 September 2021 $0 $4 No Yes 6/20/2022 372616 2020 March 2022 September 2021 $323 Yes 6/20/2022 372616 $323 Yes 6/20/2022 2019 March2021 $317 Yes 4/27/2021 274122 September 2020 $317 Yes 12/31/2020 2019 March 2021 $4 Yes 4/27/2021 274122 September 2020 $0 No 2019 March2021 $0 No 274122 September 2020 $14 Yes 12/31/2020 2019 March 2021 September 2020 $5 Yes 4/27/2021 274122 $0 No 2018 March 2020 September 2019 $0 $15 No Yes 12/5/2019 049445 2018 March2020 $323 Yes 5/31/2020 049445 September 2019 $323 Yes 12/5/2019 2017 March 2019 $14 Yes 6/17/2019 049445 September 2018 $43 Yes 6/17/2019 2017 March 2019 $318 Yes 6/17/2019 049445 September 2018 $318 Yes 6/17/2019 2016 March 2018 September 2017 so $4 No Yes 6/18/2018 049445 2016 March 2018 September 2017 $330 Yes 7/5/2018 049445 $330 Yes 6/18/2018 2016 March 2018 September 2017 $0 $5 No Yes 10/6/2017 049445 2016 March 2018 September 2017 $0 $35 No Yes 6/18/2018 049445 2016 March 2018 September 2017 Pay Property Taxes Click here to pay property taxes for this parcel. Special Assessments Project: Accepted Date: Parcel Number: 891325254001 Name: Amortization Date: Amortized Interest: Number of Years: Project: Accepted Date: Parcel Number: 891325254001 Name: Amortization Date: Amortized Interest: Number of Years: Project: Accepted Date: Parcel Number: 891325254001 Name: Amortization Date: Amortized Interest: Number of Years: $15 Yes 7/5/2018 049445 $0 No Page 123 of 619 Project: Accepted Date: Parcel Number: 891325254001 Name: Amortization Date: Amortized Interest: Number of Years: Project: Accepted Date: Parcel Number: 891325254001 Name: Amortization Date: Amortized Interest: Number of Years: Project: Accepted Date: Parcel Number: 891325254001 Name: Amortization Date: Amortized Interest: Number of Years: Project: Accepted Date: Parcel Number: 891325254001 Name: Amortization Date: Amortized Interest: Number of Years: Project: Accepted Date: Parcel Number: 891325254001 Name: Amortization Date: Amortized Interest: Number of Years: Project: Accepted Date: Parcel Number: 891325254001 Name: Amortization Date: Amortized Interest: Number of Years: Project: Accepted Date: Parcel Number: 891325254001 Name: Amortization Date: Amortized Interest: Number of Years: Project: Accepted Date: Parcel Number: 891325254001 Name: Amortization Date: Amortized Interest: Number of Years: Page 124 of 619 Project: WA35-20180116-00 SIDEWALK REPAIR - WA35-20180116-00 SIDEWALK REPAIR Accepted Date: 1/16/2018 Parcel Number: 891325254001 Name: Amortization Date: 12/1/2018 Amortized Interest: 9 Number of Years: 10 Project: WA53-20230426-00 KILL OF WATER- WA53-20230426-00 KILL OF WATER Accepted Date: 4/26/2023 Parcel Number: 891325254001 Name: Amortization Date: 12/1/2023 Amortized Interest: 9 Number of Years: 10 Photos Sketches Page 125 of 619 Sketch by wwx.carnavision.corn Map Polling Location view rolling Location Recent Sales In Area Sale date range: From: 06/04/2i To: 06/04/21 Search Sales by Neighborhood J Search Sales by Subdivision Distance: 1500 Units: Feet se 1S FR [40] 6 8 29 2S B FR (MAIN) [638] 22 5 20 19 FR EP [100] Search Sales by Distance Page 126 of 619 Cut Line Tree to Remove Remove Private Walk Tree to be Removed by Others Tree to Remove Remove Driveway ALMOND ST Lot Maybe Under Construction for a New Home Public Alley Alley Approach to Remain (Protect) 1 512 Almond St Sidewalk to Remain (Protect) 0 0_ Esri Community Maps Contributors, Iowa DNR, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnolocies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS, Sou ces: Esri, Maxar, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, F MA, Intermap, and the GIS user community Citlj of Waterloo, Iowa Deno 1 `J7 of F1 Q j� 0 4,000 8,00012,000 Feet Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District TIF District School District 891324307003 512 ALMOND ST WATERLOO IA 50703 N/A COOLEYADDITION LOT 6 BLK 68 (Note: Not to be used on legal documents) 2024-19294(8/23/2024) 2024-13539 (5/1/2024) 0 C - Commercial (Note: This is for assessment purposes only. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH 941311 - WATERLOO LOGAN URTIFAMD WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood *WAREHOUSE/SHOP WA-E Owner information Deed IOWA HEARTLAND HABITAT FOR HUMANITY 803 W 5TH ST WATERLOO IA 50702 Address Change Form Link to the Address Change Form Sales Date Seller Buyer Mail To IOWA HEARTLAND HABITAT FOR HUMANITY 803WSTHST WATERLOO IA 50702 Recording Sale Condition - NUTC Multi Type Parcel Amount 8/19/2024 ADAMS,BARBARA IOWA HEARTLAND HABITAT 2024-19294 PROPERTY WITH DUAL CLASSIFICATION/SALEOF Deed Y $60,000.00 A FOR HUMANITY TWO OR MORE PARCELS WITH... 5/22/2019 ADAMS,BARBARA ADAMS,BRIAN ROBERT 2020- SALE BETWEEN FAMILY MEMBERS OR RELATED Contract Y $34,600.00 A 00008491 PARTIES 2/25/2011 POYNER,NATHAN ADAMS,BARBARA A N 2011- PROPERTY WITH DUAL CLASSIFICATION -09/11 00017098 D ed Y $32,000.00 7/1/2002 VOSS,DAVID A Show Deed/Contract Show Deed/Contract Land POYNER,NATHAN N 2003-07445 COMMERCIAL SALE OF TWO OR MORE PARCELS- Deed SINGLE CONSIDERATION - PRIOR 09 O Show There are other parcels involved in one or more of the above sales: Lot Area 0.19 Acres ;8,400 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Commercial Buildings Building 1: Addition 1: Plumbing: Building Extras: Yard Extras Warehouse (Storage), C'BIk or Tile - 8",1 Story, Built - 1953, 3636 SF, Bsmt - 0 SF, HVAC - Forced Hot Air, Roof - 3-Ply Compo/ Wood Deck / Asph. Shingle/ Wood Dk Adjustments: Floor - dock level adjustment, 2160 SF Loading Dock, 240 SF Warehouse (Storage), C'BIk or Tile - 8", 1 Story, Built - 1964, 520 SF, Bsmt - 0 SF HVAC - Forced Hot Air, Roof - Asph. Shingle/ Wood Dk 1- Toilet Room 1- Sink -Kitchen #1- Canopy, 132 SF, Concrete, Average Pricing, 1953, Qtyl #1- (1) Paving - Concrete 880 SF, Concrete Parking, Average Pricing, Built 1965 $20,000.00 Page 128 of 619 Permits Permit # Date Description Amount WA 07628 12/31/2014 Roof 2,500 Valuation 2025 2024 2023 2022 2021 Classification Commercial Commercial Commercial Commercial Commercial + Assessed Land Value $4,730 $4,730 $4,730 $4,730 $4,730 + Assessed Improvement Value + Assessed Dwelling Value $41,820 $41,820 $41,820 $25,210 $25,210 $0 $0 $0 $0 $0 = Gross Assessed Value $46,550 $46,550 $46,550 $29,940 $29,940 - Exempt Value $0 $0 $0 $0 $0 = Net Assessed Value $46,550 $46,550 $46,550 $29,940 $29,940 Taxation 2023 2022 2021 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 + Taxable Land Value $2,192 $2,585 $4,257 + Taxable Improvement Value $19,381 $13,777 $22,689 + Taxable Dwelling Value $0 $0 $0 = Gross Taxable Value $21,573 $16,362 $26,946 - Homestead 65+ Exemption $0 $0 $0 - Military Exemption $0 $0 $0 = Net Taxable Value $21,573 $16,362 $26,946 x Levy Rate (per $1000 of value) 43.12949 40.18730 39.49908 = Gross Taxes Due $930.43 $657.54 $1,064.34 - Ag Land Credit $0.00 $0.00 $0.00 - Family Farm Credit $0.00 $0.00 $0.00 - Homestead Credit $0.00 $0.00 $0.00 - Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 - Business Property Credit $0.00 $0.00 $0.00 = Net Taxes Due $930.43 $657.54 $1,064.34 Tax History Year Due Date Amount Paid Date Paid Receipt 2023 March2025 $465 Yes 3/7/2025 650965 September 2024 $465 Yes 8/26/2024 2022 March2024 $329 Yes 4/1/2024 516346 September2023 $329 Yes 11/20/2023 2022 March 2024 September 2023 $0 $10 No Yes 11/20/2023 516346 2021 March 2023 September 2022 $16 Yes 5/16/2023 435664 $0 No 2021 March 2023 $532 Yes 5/16/2023 435664 September2022 $532 Yes 11/16/2022 2021 March2023 $0 No 435664 September 2022 $16 Yes 11/16/2022 2021 March2023 $4 Yes 5/16/2023 435664 September 2022 $0 No 2020 March 2022 September 2021 $541 Yes 6/20/2022 337887 $541 Yes 11/17/2021 2020 March 2022 September 2021 $0 No $16 Yes 11/17/2021 337887 2020 March2022 $24 Yes 6/20/2022 337887 September2021 $0 No 2020 March 2022 $0 No 337887 September2021 $4 Yes 6/20/2022 2019 March2021 $0 No 214303 September 2020 $25 Yes 2/2/2021 2019 March2021 $334 Yes 6/21/2021 214303 September 2020 $334 Yes 2/2/2021 2019 March 2021 September 2020 $15 Yes 6/21/2021 214303 $0 No 2019 March 2021 September 2020 $0 $4 No Yes 6/21/2021 214303 2018 March 2020 September 2019 $337 Yes 2/2/2021 047777 $337 Yes 10/2/2019 Page 129 of 619 Year Due Date Amount Paid Date Paid Receipt 2018 March 2020 September 2019 $35 Yes 2/2/2021 047777 $0 No 2017 March 2019 September 2018 $334 Yes 4/3/2019 047777 $334 Yes 10/3/2018 2016 March 2018 September 2017 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Sketches Sketch by wwu.camavision.com Al-1S C'BLK [520] $344 Yes 4/4/2018 047777 $344 Yes 10/3/2017 26 20 54 46 B1-1S C'BLK 46 [3636] 22 6 20 CONC CANOPY [132] CON LOADING DOCK [240] 4 32 32 36 Page 130 of 619 Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 06/04/21 To: 06/04/21 Search Sales by Neighborhood Search Sales by Subdivision Distance: 1500 Units: Feet Homestead Tax Credit and Exemption Search Sales by Distance Apply Online for the Homestead Tax Credit and Exemption Military Service Tax Exemption Application Apply Online for the Military Service Tax Exemption No data available for the following modules: Agricultural Land/CSR, Residental Dwellings, Agricultural Buildings, Exemptions, Homestead, Tax Sale Certificate, Special Assessments, Board of Review Petition. The maps and data available for access at this website are provided "as is" without warranty or any representation of accuracy, timeliness, or completeness. I User Privacy Policy I GDPR Privacy Notice Last Data Upload: 6/3/2025 10:29:32 PM Contact Us VI SCHNEIDER GEosPATIAL. Page 131 of 619 SUNNYSIDEAVE —RANDALL ST Remove Garage Tree to Remove 222 Randall St Driveway and Approach to Remain (Protect) Remove Rear Yard Trees RANDALL- ST All Property Line Fencing to Remain (Protect) Tree to Remain (Protect) Sidewalk to Remain (Protect) 1 Remove Private Walk Esri Community Maps Contributors, Iowa DNR, © OpenStreetMap, Microsoft, Epri7TerhiTunr, Garnil raph, GeoTechnologies, Irc, IciETI7 PA, NPS, US Census Bureau USDA, USFWS, Sources: !sri, Maxar, Airbus DS, USGS, NGA, N SA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterst at, GSA, Geoland, FEMA, ntermap, and the GIS user community E City of Waterloo, Iowa D,,. 1 Z7 of A l 0 0 4,000 8,00012,000 Feet Black Hawk County, IA Summary Parcel ID Alternate ID Property Address Sec/Twp/Rng Brief Tax Description Deed Book/Page Contract Book/Page Adjusted CSR Pts Class District School District 891326131014 222 RAN DALL ST WATERLOO IA 50701 N/A AUDITOR FRANCIS LELAND PARK PLAT E 45 FT S 73 FT LOT 11 EXC W 10' S 30' (Note: Not to be used on legal documents) 2024-21899(10/16/2024) 0 R - Residential (Note: This is for assessment purposes only. Not to be used for zoning.) 940001- WATERLOO CITY/WATERLOO SCH WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood CWTLO-03.5 Owner information Deed IOWA HEARTLAND HABITAT FOR HUMANITY 803 W 5TH ST WATERLOO IA 50702 Address Change Form Link to the Address Change Form Sales Date Seller Buyer Mail To IOWA HEARTLAND HABITAT FOR HUMANITY 803W5THST WATERLOO IA 50702 Recording Sale Condition - NUTC Multi Type Parcel Amount 4/4/2019 THREE CLOVERS KREMERTOM LLC 2019- 00015007 NORMAL Deed $31,000.00 2/25/2008 MIDWESTONE THREE CLOVERS BANK LLC 2008- SALE BY LENDING INSTITUTION OF PROPERTY ACQUIRED AS Deed 00017520 RESULT OF ... - PRIOR 09 $47,400.00 1/20/2004 LANGAN,PATRICK W JACKSON,MICAH E 2004-22834 RESIDENTIAL SALE OF TWO OR MORE PARCELS -SINGLE CONSIDERATION - PRIOR09 Deed $145,550.00 9/30/2002 VORAN,BRAD A LANGAN,PATRICK 2003-10828 NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 W Deed $33,000.00 4/29/1994 641-202 NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 2/7/1980 553-732 TRANSFER OF PARTIAL INTEREST - PRIOR 09 Show Deed/Contract Show Deed/Contract Land Lot Dimensions Regular Lot: x Front Footage p Show There are other parcels involved in one or more of the above sales: Front Rear Side 1 Deed Deed Side 2 $22,000.00 $10,000.00 Main Lot Sub Lot 2 Sub Lot 3 35.00 10.00 0.00 35.00 10.00 0.00 73.00 42.00 0.00 73.00 42.00 0.00 Sub Lot 4 0.00 0.00 0.00 Lot Area 0.07 Acres;2,975 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Residental Dwellings 0.00 Page 133 of 619 Residential Dwelling Occupancy Single -Family Style 13/4 Story Frame Architectural Style N/A Year Built 1896 Exterior Material Vinyl Total Gross Living Area 1,110 SF Attic Type None; Number of Rooms 7 above; 0 below Number of Bedrooms 3 above; 0 below Basement Area Type Full Basement Area 600 Basement Finished Area Plumbing 1 Standard Bath; Central Air No Heat Yes Fireplaces Porches 15 Frame Enclosed (80 SF); 15 Frame Open (120 SF); Decks Additions Garages 396 SF (18F W x 22F L) - Det Frame (Built 1980); Permits Permit # Date Description Amount FC 03/28/2025 Misc 0 WA 05389 09/16/2009 Furnace 1,611 Valuation 2025 2024 2023 2022 2021 Classification Residential Residential Residential Residential Residential + Assessed Land Value $4,320 $4,320 $4,320 $4,320 $4,320 + Assessed Improvement Value so so so so so + Assessed Dwelling Value $13,490 $39,260 $39,260 $31,200 $31,200 = Gross Assessed Value $17,810 $43,580 $43,580 $35,520 $35,520 - Exempt Value ($17,810) $0 $0 $0 $0 = Net Assessed Value Taxation $0 $43,580 $43,580 $35,520 $35,520 2023 2022 2021 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 + Taxable Land Value $2,002 $2,361 $2,338 + Taxable Improvement Value $0 $0 $0 + Taxable Dwelling Value $18,194 $17,051 $16,889 = Gross Taxable Value $20,196 $19,412 $19,227 - Homestead 65+ Exemption - Military Exemption so $0 so so so $0 = Net Taxable Value $20,196 $19,412 $19,227 x Levy Rate (per $1000 of value) 43.12949 40.18730 39.49908 = Gross Taxes Due $871.04 $780.12 $759.45 - Ag Land Credit $0.00 $0.00 $0.00 - Family Farm Credit $0.00 $0.00 $0.00 - Homestead Credit $0.00 $0.00 $0.00 - Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 - Business Property Credit $0.00 $0.00 $0.00 = Net Taxes Due $871.04 $780.12 $759.45 Tax History Year Due Date Amount Paid Date Paid Receipt 2023 rch 2025 September 2024 $436 Yes 8/28/2024 674773 $436 Yes 8/28/2024 2022 March 2024 $390 Yes 9/25/2023 549476 September 2023 $390 Yes 9/25/2023 2021 March2023 $380 Yes 8/15/2022 452946 September 2022 $380 Yes 8/15/2022 2020 March2022 $442 Yes 8/26/2021 328422 September 2021 $442 Yes 8/26/2021 2019 March 2021 September 2020 $4 Yes 4/15/2021 269202 $0 No Page 134 of 619 Year Due Date Amount Paid Date Paid Receipt 2019 March 2021 September 2020 $0 $13 No Yes 11/9/2020 269202 2019 March 2021 September 2020 $7 Yes 4/15/2021 269202 $0 No 2019 March 2021 September 2020 $434 Yes 4/15/2021 269202 $434 Yes 11/9/2020 2018 March 2020 September 2019 $438 Yes 7/10/2020 050584 $438 Yes 11/6/2019 2018 March 2020 September 2019 $0 $13 No Yes 11/6/2019 050584 2017 March 2019 September 2018 $435 Yes 3/25/2019 050584 $435 Yes 10/1/2018 2016 March 2018 September 2017 Pay Property Taxes Click here to pay property taxes for this parcel. Photos Sketches 1S FR EP [60] $448 $448 5 16 26 24 2S B FR [MAIN] [600] 24 12 12 1S FR OP [120] Sketch by wwe.camavision.com 4 6 16 0 Yes Yes 4/2/2018 050584 10/2/2017 Page 135 of 619 Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 06/04/21 To: 06/04/21 Search Sales by Neighborhood Search Sales by Subdivision Distance: 1500 Units: Feet Homestead Tax Credit and Exemption Search Sales by Distance Apply Online for the Homestead Tax Credit and Exemption Military Service Tax Exemption Application Apply Online for the Military Service Tax Exemption No data available for the following modules: Agricultural Land/CSR, Commercial Buildings, Agricultural Buildings, Yard Extras, Exemptions, Homestead, Tax Sale Certificate, Special Assessments, Board of Review Petition. The maps and data available for access at this website are provided "as is" without warranty or any representation of accuracy, timeliness, or completeness. I User Privacy Policy I GDPR Privacy Notice Last Data Upload: 6/3/2025 10:29:32 PM Contact Us rJ SCHNEIDER G SPATIAL. Page 136 of 619 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving the award of bid to Lehman Trucking & Excavating, Inc. of Waterloo, Iowa, in the amount of $317,375.00, approving the contract, bond, and certificate of insurance, in conjunction with Demolition and Site Clearance Services, Contract No. RD-2025-08-02P, at 100 E. 9th Street and 1117 Lincoln Street, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo accepted bids for demolition and site clearance services (part RACM and part no-RACM) for the demolition of 1117 Lincoln Street and 100 E 9th Street (aka 105 E 10th St). The property at 1117 Lincoln Street is a 1-story dwelling that the City has designated as an immediate threat, structurally unsound, and not able to be abated for asbestos -containing material (ACM). The property at 100 E. 9th St (which is also known as 105 E. 10th St.) is a 2-story commercial building (former Crystal Ice building). The structure was tested for ACM and mostly abated of ACM. The only remaining ACM is a black adhesive in a cork material between layers of concrete between the ceilings and floors. The ACM can't be safely removed by an abatement contractor prior to demolition, so it must be demolished as part RACM, and once all ACM is removed, the remainder can then be demolished/removed as non-RACM. The City of Waterloo received 2 bids, with the low bid coming from Lehman Trucking & Excavating, Inc., with a bid of $317,375.00. This was $177,375.00 over estimate. However, staff's estimate was in error. The estimate accidently omitted costs for the house at 1117 Lincoln St., and then did not properly adjust costs for 100 E. 9th St based on it being a part RACM demolition. This property was previously under demolition contract as a non-RACM demo, with the contract amount for just 100 E. 9th St being $110,000.00. However, the City has multiple issues with that contract, including additional asbestos being discovered at 100 E. 9th St, and ultimately the City had to amend the contract to remove the property from the contract. These large commercial projects are very difficult to estimate, with no good method of accurately estimating quantities of materials. Staff reviewed the bids, and found that the bid from Lehman Trucking & Excavating is a good bid. Staff is unsure if the project is re -bid if it would likely lead to any better bids. As a part RACM demo, if the project is re -bid, it would likely not be able to be demolished until spring, because RACM demolitions use special procedures, like watering of material, which is very difficult to do in cold temperatures. The demolition is planned to be paid for by the Downtown TIF and/or nuisance abatement bonds. NEIGHBORHOOD IMPACT Page 137 of 619 The demolition activity will have a positive impact on the neighborhoods by removing blighted and abandoned buildings. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES $317,375. Source of funds: Nuisance Abatement bonds and/or TIF funds. ALTERNATIVE ACTION Reject all bids and re -bid the demolition. LEGAL DESCRIPTION ATTACHMENTS 1. Bid Tabulation 2. Demolition RFB Contract RD-2025-08-02P 3. Aerial and Report - 1117 Lincoln St 4. Aerial and Report - 100 E 9th St 5. Demolition Contract RD-2025-08-02P Page 138 of 619 Demolition and Site Clearance Services, Contract No. RD-2025-08-02P Engineering Estimate $140,000.00 September 11, 2025 Bidder Bid Security Bid Amount DECARLO DEMOLITION CO. DES MOINES, IOWA 5% $324,011.00 LEHMAN TRUCKING & EXCAVATING, INC. WATERLOO, IOWA 5% $317,375.00 Page 139 of 619 Demolition and Site Clearance Services, Contract No. RD-2025-08-02P Engineering Estimate $140,000.00 September 11, 2025 Bidder Bid Security Bid Amount DECARLO DEMOLITION CO. DES MOINES, IOWA 5% $324,011.00 LEHMAN TRUCKING & EXCAVATING, INC. WATERLOO, IOWA 5% $317,375.00 Page 140 of 619 Demolition and Site Clearance Services, Contract No. RD-2025-08-02P Engineering Estimate $140,000.00 September 11, 2025 Bidder Bid Security Bid Amount DECARLO DEMOLITION CO. DES MOINES, IOWA 5% $324,011.00 LEHMAN TRUCKING & EXCAVATING, INC. WATERLOO, IOWA 5% $317,375.00 Page 141 of 619 CITY OF WATERLOO, IOWA of WA TF A 4f)l Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [regulated asbestos -containing materials (RACM) in part] and [no regulated asbestos -containing materials (non-RACM) in part] August 2025 RFB Demolition and Site Clearance Services Contract RD-2025-08-02P 1117 Lincoln St (RACM), and 100 E 9th St (aka 105 E 10th St) (part RACM and part non-RACM) City of Waterloo, Iowa Prepared by the City of Waterloo Planning and Zoning Department Aric Schroeder -Project Manager Page 142 of 619 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the demolition, removal, disposal and site clearance services Contract RD-2025-08-02P for the properties at 1117 Lincoln Street (RACM demo) and 100 E 9th Street (aka 105 E 10th Street, former Crystal Ice building) (part RACM demo and part non-RACM). 1.1 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 September 11, 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. RFB Timeline Name of the Bid: Demolition and Site Clearance Services Contract RD-2025-08-02P Notice of RFB Date: August 21, 2025 Mandatory Walk Thru Date: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: E-mail Address: Phone: There will be a mandatory walk thru for 100 E 9th St (aka 105 E 10th St) on Thursday, September 4, 2025 at 1:00 p.m. We will meet at 100 E 9th St in the parking lot along E 10th St. Bidders that do not have a representative in attendance at this walk thru are NOT eligible to bid on this contract. There will not be a mandatory walk thru for 1117 Lincoln St, bidders are advised/encouraged to make their own inspection prior to bid submittal. See Section 4.3 for additional details. Thursday September 11, 2025, at 1:00 p.m., Central Time Address exactly as stated: SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES CONTRACT RD-2025-08-02P. City of Waterloo City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Aric Schroeder, City Planner/Project Manager (City's Representative) aric.schroederwaterloo-ia.orq Phone: 319-291-4366 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9th St (aka 105 E 10`h St (part RACM and part no RACM). Page 2 of 32 Page 143 of 619 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids 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 Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFB file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Thursday, September 11, 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 is anticipated to be at the City Council meeting on Monday, September 15, 2025. The Waterloo City Council will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the project, and potentially award the Contract at 5:30 p.m. on September 15, 2025, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street. Any person interested may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection at the hearing. Contact the City Clerk's Office at 319-291-4323 or clerks@waterloo-ia.org with questions about speaking at a public hearing. 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. 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. By making a Bid, the Bidder represents that they have examined the subject properties. Any questions about the meaning or intent of the specifications must be submitted no later than seven days prior to the Deadline for Bid Submittal listed above. 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 bid evaluators, is the most responsive and responsible bid. 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 proposal 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: Satisfactory experience in the timely completion of work; ii. Bidders reputation and financial status; Past experience and service provided by the Bidder; iv. Bidder's ability to meet the insurance and bonding requirements; and v. Bidder's ability to immediately fully staff the project with certified, licensed staff; and vi. Bidder's ability to immediately start and complete the project. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9' St (aka 105 E 10`h St (part RACM and part no RACM). Page 3 of 32 Page 144 of 619 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage is required. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the Contractor or its employees carrying out their work. The Contractor shall provide certificate of insurance having the City of Waterloo as additional insured. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty -day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the bid price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder 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 the Contract. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9' St (aka 105 E 10`h St (part RACM and part no RACM). Page 4 of 32 Page 145 of 619 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, including references, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for two (2) months, anticipated to be from September 25, 2025 to November 26, 2025. 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9' St (aka 105 E 10`h St (part RACM and part no RACM). Page 5 of 32 Page 146 of 619 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 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 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 and Demolition Specifications attached as Exhibit "B". 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9' St (aka 105 E 10`h St (part RACM and part no RACM). Page 6 of 32 Page 147 of 619 SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for the RACM demolition, removal, disposal and site clearance services of 1117 Lincoln St, as well as the part RACM and part non-RACM demolition, removal, disposal and site clearance services of 100 E 9th St (aka 105 E 10th St, former Crystal Ice building). 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the sites. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFB to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the Contract. This Contract includes two properties. 1117 Lincoln St is a 1 story dwelling that the City has designated as an immediate threat, structurally unsound, and not able to be abated for asbestos containing material (ACM). 100 E 9'h St (aka 105 E 10th St) is a 2 story commercial building (former Crystal Ice building). The structure was tested for ACM and mostly abated of ACM. The only remaining ACM is a black adhesive in a cork material between layers of concrete between the ceiling and floors. The ACM can't be removed without complete removal of the floor/ceiling the material is connected to, and the floors/ceilings can't be safely removed by an abatement contractor prior to demolition. The structures must be treated as Regulated Asbestos Containing Material (RACM), and their demolition and removal, including basements and cement slabs, must be handled as such. The structure and basement must be demolished and removed in a single day; if all RACM material cannot be removed in a single day, the RACM material will be thoroughly wetted and completely covered and secured with polyethylene plastic sheeting until demolition activities resume. Because of the RACM demolition designation, the Bidder must be licensed/permitted to perform the type of work proposed herein, or be working with a licensed asbestos contractor. All RACM disposals will be delivered to the Black Hawk County Landfill site, and copies of all landfill tickets will be provided to the City of Waterloo. Per DNR requirements, all debris will be RACM, except that metal, brick, and concrete can potentially be sorted, cleaned, and certified as free of ACM by a licensed asbestos contractor, and then disposed of as non-RACM material to the landfill, a rubble fill site, or recycling facility as appropriate. 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 Bid. 4.3 A mandatory walkthrough will be required for 100 E 9' St (aka 105 E 10'h St) on Thursday, September 4, 2025 at 1:00 p.m. (meet at 100 E 9'h St in the parking lot along E 10'h St). Bidders that do not have a representative in attendance at the walk thru are not eligible to bid on this contract. The property was tested and partially abated for asbestos, but has remaining RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9' St (aka 105 E 10`h St (part RACM and part no RACM). Page 7 of 32 Page 148 of 619 ACM that could not be safely abated. Discussion at the walk thru will include how to proceed with the part RACM and part non-RACM demo. There will not be a mandatory walkthrough for 1117 Lincoln St. Bidders are advised/encouraged to make their own inspections of the property prior to bid submittal. The Planning Department is not in possession of a key. The properties may be partially boarded up and may require a cordless drill with various bits to remove boards to provide access. Please re -install any boards you remove to attempt to maintain security. 1117 Lincoln St is in very poor condition, and it is not advisable that you enter the property. Enter at your own risk. SECTION V METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators' judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9' St (aka 105 E 10`h St (part RACM and part no RACM). Page 8 of 32 Page 149 of 619 SECTION VI GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officials, officers, directors, employees and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice and all necessary supporting documentation. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9' St (aka 105 E 10`h St (part RACM and part no RACM). Page 9 of 32 Page 150 of 619 otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P: 1117 Lincoln St (RACM) and 100 E 9' St (aka 105 E 10`h St (part RACM and part no RACM). Page 10 of 32 Page 151 of 619 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. Our bid, for demolition and site clearance of the sites are, not to exceed: 1117 Lincoln Street (RACM) $ 100 E 9th Street (aka 105 E 10th Street) (part RACM and part non-RACM) $ Total $ Total 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 sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the Contract. RACM DEMOLITION. This contract includes demolition of buildings with regulated asbestos containing materials (RACM), requiring a licensed asbestos contractor Please check one: Our company is a licensed asbestos contractor. Our company is not a licensed asbestos contractor. Our company anticipates hiring the following subcontractor that is a licensed asbestos contractor: 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 Page 152 of 619 EXHIBIT `B" CITY OF WATERLOO DEMOLITION SPECIFICATIONS DEMOLITION AND SITE CLEARANCE SERVICES CONTRACT RD-2025-08-02P 1117 Lincoln St (RACM demo) and 100 E 9th St (aka 105 E 10t" St) (part RACM and part non-RACM demo) PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Aric Schroeder, City Planner/Project Manager. 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor shall: A. Remove and properly dispose of all trees (except for trees specifically noted to remain on the attached aerial photos of each site), structures, cement slabs, and driveways, trash, rubbish, basement walls, floors, foundations, steps, planters, retaining walls, fences (except as noted to remain on the attached aerial photos of each site), wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks (excluding public sidewalks in street right-of-way), and the like from the specified property. B. Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells in accordance with standards prescribed in Part 2. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Reserved. E. Reserved. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance, grading, restoration and erosion control. H. Remove and replace sidewalk and paving as required. I. Complete the demolition work in accordance with the plans and these technical specifications. 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 12 of 32 Page 153 of 619 Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street or Sidewalk Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to submit a traffic control plan to the appropriate City authority 48 hours in advance of any lane or road closures indicating the area of closure and the signs and traffic control devises to be used to set up the closure. Adequate barricades and warning signs will be placed as required by the City. 2. If sidewalks are to be closed during demolition, submit a sidewalk closure plan that meets the ADA requirements to the Waterloo Engineering Department 48 hours prior to the scheduled closure. Contractor shall install necessary signing and barricades according to the approved closure plan. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s) to prevent access to the public unless the City's Project Manager determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal or vertical openings wider than four inches. There shall be Asbestos Warning placards placed in at least the corners of the fence. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open -bodied trucks transporting materials likely to give rise to airborne dusts. F. Requirements for the Reduction of Fire Hazards 1. Removal of Material: Before demolition of any part of any building, the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning fluids, paints or thinners in containers, and similar substances. This shall not be required for 1117 Lincoln Street, as the building has been deemed unsafe. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 13 of 32 Page 154 of 619 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires/Explosives: No fires of any kinds will be permitted in the demolition work area. No explosives of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Utilities: The Contractor shall not damage existing fire hydrants, streetlights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole guys, underground utilities, or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for temporary relocation of utilities, which are relocated at the Contractor's request for his convenience. All below -ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures, parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition, even if an adjacent property is scheduled for future demolition. The Contractor shall pay to repair or replace any such damage. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility for the condition of existing buildings, structures, and other property within the demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 14 of 32 Page 155 of 619 responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property addresses will be included in the Contract Documents. Following execution of the Contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures, fixtures and other personal property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and Contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. The Contractor shall obtain a demolition permit issued by the City of Waterloo Building Inspections Department, which fee will be waived for demolition of City property. The Contractor shall obtain all necessary work in right-of-way permits. 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition at each site as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings, building materials, contents of buildings, appliances, incidental demolition debris, basement walls, foundations, steps, private sidewalks, driveways, and trees from the site; disconnection of utilities; furnishing and compaction of backfill material; grading of disturbed areas; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns; capping of wells; and other work as necessary RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 15 of 32 Page 156 of 619 to complete the project. All such work shall be performed in accordance with standards prescribed in these Demolition Specifications. B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. PART 1A— REGULATED ASBESTOS CONTAINING MATERIALS (RACM) The property at 1117 Lincoln Street has been declared unsafe to enter. Therefore, the structure has not been tested for asbestos. The property at 100 E 9th Street (aka 105 E 10th Street) has been partially abated. All structural debris must be treated and handled as RACM, except as provided herein. Demolition and removal of structures, including basements and cement slabs of basement -less structures, must be accomplished in a single day; if all RACM material cannot be removed in a single day, the RACM material will be thoroughly wetted and completely covered and secured with polyethylene plastic sheeting until demolition activities resume. The Contractor will be required to have all permits and licenses required by the Iowa Department of Natural Resources (IDNR), Iowa Workforce Development (IWD), and the Occupational Health and Safety Administration (OSHA) for handling RACM, or be directly working with a subcontractor that is a licensed asbestos contractor who obtains all permits. The Contractor will be responsible to ensure that demolition activities are carried out in compliance with all applicable regulations of IDNR, IWD, and OSHA as well as all other federal, state, and local regulations. The Contractor shall employ good demolition techniques, including but not limited to: 1. Wetting structures and debris prior to and during demolition to reduce the potential for air migration of asbestos. 2. Using demolition techniques to minimize the excessive breaking of materials. 3. Maintaining the practice of keeping personnel at a safe distance from demolition activities. 4. Loading the materials with techniques to maintain a sufficient distance from personnel to reduce the exposure to airborne material. 5. Proper handling and covering of all loads to prevent RACM material from becoming airborne during hauling. 6. Placing a placard on the truck hauling the RACM debris in accordance with the IDOT and IDNR requirements. 7. Disposing of RACM, as approved by IDNR, shall be at separated areas of disposal sites and shall be disposed of using techniques to minimize the potential for debris or dust to become airborne. 8. Manual cleaning of the demolition site to remove all asbestos materials from the site. 9. All trucks and/or trailers must have solid metal end -gates. If city water is not available, the Contractor shall have a water truck on standby during the demolition to maintain a sufficient source to maintain wetting of RACM. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 16 of 32 Page 157 of 619 Contractor shall be responsible for providing protective gear and equipment to its agents and employees and for ensuring its proper utilization in the event of an encounter with asbestos in the debris being removed as well as the RACM designated structures. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work in a timeline consistent with the term of the Contract after being notified by the City with a Notice to proceed on any given property or properties. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced and secured when left unattended. 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. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall not be allowed to salvage RACM materials from any property on this project. Non-RACM material (such as private sidewalks and driveways, trees, or other landscaping features) may be salvaged or disposed of in other than the Black Hawk County Landfill. Per DNR requirements, all building debris will be RACM, except that metal, brick, and concrete can potentially be sorted, cleaned, and certified as free of ACM by a licensed asbestos contractor, and then disposed of as non-RACM to the landfill, a rubble fill site, or recycling facility as appropriate. No salvaging shall occur on the property until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third -party salvager a certificate of insurance for general liability with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor, as well as the City of Waterloo, Iowa, and their respective officials, officers, directors, employees and agents, shall be named as additional insured on the third -party salvager's general liability insurance policies and certificates of insurance 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 17 of 32 Page 158 of 619 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. All concrete basements, footings, slabs of basementless structures and floors, including that of garages, are required to be completely removed and shall be broken up and removed. All basement areas and below grade excavation areas are to be inspected and approved by the City's Representative before backfilling is started. Failure to obtain approval may result in re -excavation of the areas at the Contractor's expense. The City cannot provide verification regarding the area of the basements, but the Black Hawk County Assessor's detailed reports do provide indication for presence of basements and approximate areas. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures, retaining walls, or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of removal of any such structures is incidental and shall be included in the lump -sum bid for demolition. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 3:1 horizontal to vertical, or as directed by the City's Representative. E. Fences: Fences, guardrails, bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a Contract parcel and an improved non -Contract parcel shall not be removed unless specifically stated in the special provisions. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other stumps, bushes, vegetation, brush and weeds, whether standing or fallen (except as otherwise specifically noted or as directed by the City's Representative). The Contractor shall protect any trees on adjacent property from damage by the demolition operation. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City's Representative. H. Fuel Tanks: Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene, benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 18 of 32 Page 159 of 619 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas -free when checked with a "Explosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. I. Outdoor Toilets and Septic Tanks: Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications. As an old farmhouse, 1318 Martin Road is presumed to have a septic tank. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all applicable guidelines, requirements, laws, regulations, of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials and incidental demolition debris shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under the Contract. C. Tires, Household Hazardous Waste, White Goods and Electronics: Tires, household hazardous waste (HHW) (which includes propane tanks, paint, pesticides and other materials that are restricted items for disposal in municipal landfills), white goods (which include household appliances such as washers, dryers, refrigerators, stoves, dishwashers, heaters, hot water heaters, etc.) and electronics (e-waste) will be first segregated from the structures and transported to an appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed. These wastes may be segregated in the field and hauled in concentrated loads. The Contractor shall visit the site to determine the number of tires that have been abandoned on site. If any additional tires are deposited on site prior to commencing demolition activity, the Contractor shall immediately notify the City's Representative of the quantity of additional tires so a change order can be prepared for additional removal. A change order will only be considered if the Contractor identified the number of abandoned tires on the site in the bid tabulation. There will be no separation of any RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 19 of 32 Page 160 of 619 of the before listed materials as it relates to 1117 Lincoln Street, as the structure has been identified as unsafe to enter. D. Disposal of Demolition Debris and Solid Waste: 1. All RACM debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets, where available, which identify the specific address of the origin of the debris associated with each ticket. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public, private property and public infrastructure. E. Asbestos Abatement: The property at 1117 Lincoln Street will have no asbestos abatement, as the structure has been identified as unsafe to enter, and RACM. The property at 100 E 9th Street (aka 105 E l0th St) was tested and partially abated, but has remaining ACM that could not safely be abated, and must be abated as a partial RACM demolition. The handling of asbestos material is subject to all applicable state and federal mandates. F. Freon Removal and Disposal: The handling of Freon -containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. This shall not be required for 1117 Lincoln Street, as the building has been deemed unsafe. G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. This shall not be required for 1117 Lincoln Street, as the building has been deemed unsafe. 2.06 BACKFILL, GRADING, AND CLEAN UP A. Backfill: When site conditions permit, as determined by the City's Representative, soil or sand shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City's Representative before and during the placing of the material. All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. B. Compaction: All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City's Representative twenty-four hours in advance of placing any backfill. All backfill shall be adequately compacted so as to minimize soil settling. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 20 of 32 Page 161 of 619 C. Additional Fill Material: All additional fill material shall be of similar quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site and adjacent public right-of-way of any debris. E. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to have a uniform surface that shall not permit ponding of water. The Contractor shall grade and shape the site to drain, complete final clean up and erosion control as part of the lump sum price for demolition. F. Final Cleaning Up: 1. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control that meets applicable standards and regulations. 2. On demolition sites where erosion control will be delayed because of the allowable seeding dates, the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City's Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer, and straw mulch. 3. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with public and private utility companies for disconnection of services, including, but not limited to, water, sewer, electricity, natural gas, cable television, phone and internet. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 21 of 32 Page 162 of 619 Department. Contractor may contact the Waterloo Building Inspections Department for requirements to comply with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements to comply with this specification. C. Storm Sewer: Disconnect all sump pump and area drain connections to the storm sewer system. Notify the Waterloo Engineering Department for inspection of the disconnection prior to placing backfill material. D. Backfill and Compaction within City Right -of -Way: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2. Public Right -of -Way: All areas within the public right-of-way (including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2.08 EROSION CONTROL During demolition activities, Contractor shall control off -site vehicle track out (stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles. All on site or adjacent storm water intakes shall be protected as needed. After demolition, all disturbed areas associated with the work shall be broadcast seeded and fertilized in order to prevent erosion. The following seed mixture shall be used: 40% Berkshire Hard Fescue 30% Treasure Chewing Fescue 30% Badger Creeping Red Fescue Required application rate: 10 pounds per 1,000 SF. Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the seed has been applied. Once vegetation is established to stabilize the soil, the Contractor shall remove all temporary erosion control measures. City's Representative may approve alternate seeding blends that are deemed equally acceptable as determined by the City. For sites over one acre of disturbance (as one site is): 1. All of the above requirements shall be met, and 2. Contractor shall develop a Storm Water Pollution Prevention Plan (SWPPP) and obtain necessary approvals/permits from the City and State. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 22 of 32 Page 163 of 619 3. Contractor shall contact the Waterloo Engineering Department for pre -disturbance inspection prior to land disturbance, and for post -disturbance inspection prior to permit closure. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The fencing, including all materials, shall be considered incidental to the demolition. The safety fence shall remain in place until the demolished materials are removed from the site and all holes or excavated areas are backfilled, and all hazards removed. The fencing material shall remain the property of the Contractor. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pick up any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager that identifies the disposal site (Black Hawk County Landfill — refer to 2.05 (D) Disposal of Demolition Debris and Solid Waste) to which the materials were delivered. Such tickets shall be required to process billing statements by the Contractor. 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 23 of 32 Page 164 of 619 discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the City's Representative. The City will then inform the State Historical Society of Iowa (SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI are complete, and the City has been notified by SHSI to proceed. 2.15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations are on a "not to exceed" basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. In the case of mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 2.17 SPECIAL PROVISIONS 1117 Lincoln St: This 1-story home has a chain link fence along a portion of the north property line that is the abutting property owner's fence, and is to remain (protect). All overgrowth up to the fence is to be removed. There are several smaller trees in the middle of the rear of the lot to be removed, and then several trees right along the south side of the dwelling to be removed. There is a large tree near the south property line next to a shed. This tree and shed are the abutting property owner's, and are to remain (protect). There is an alley along the rear that can be used for access, but there is an overhead electric line (remain/protect) between the alley and the property. View along north property line looking west Fence to Remain (protect) RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 24 of 32 Page 165 of 619 Tree and shed to Remain (protect) View along south property line looking east Tree and shed to Remain (protect) View along north property line looking east RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 25 of 32 Page 166 of 619 - 100 E 9th St (aka 105 E 10th St): This property was a former Crystal Ice building. All trees on this property are to be removed. The property extends from the right-of-way of E 9th St to the right-of-way of E 10th St, and has driveway approaches and driveways to be removed along both E 9th St and E 10th St. See attached aerial photo for "cut line" for where the driveway and pavement areas for the abutting privately owned property at 106 E 9th St will remain (protect). The property at 106 E 9th St recently built encroachments (asphalt paving and a fence with gate) onto the property in question. These encroachments (pictured below) are to be removed, if not already removed at time of demolition). The below pictured loading dock, which extends onto the property at 1112 Sycamore St (which is also owned by the City) is also to be removed. E 10th St Remain (protect) Remove 1112 Sycamore St Remain (protect), also owned by City Remove Trees • Remove Loading Dock RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 26 of 32 Page 167 of 619 Remain (protect) Remove driveway approach k Remain (protect) Property corner marked by lath Remove Cut Line, property corners marked Property corner marked by paint RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 27 of 32 Page 168 of 619 Cut Line, property corners marked Remove Property corner marked by lath 106 E 9th St Remain (protect), privately owned RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 28 of 32 Page 169 of 619 EXHIBT "C" DRAFT CONTRACT CONTRACT RD-2025-08-02P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES 1117 Lincoln Street (RACM demo), and 100 E 9th Street (aka 105 E 10th Street) (partial RACM demo and partial non-RACM demo) This Contract for Demolition and Site Clearance Services part RACM) (the "Contract") is entered into as of September 15, 2025 by and between the City of Waterloo, Iowa ("City") and ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of September 25, 2025 thru November 26, 2025, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, 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. 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 Contractor's RFB response, except by written amendment as provided herein. 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 all work performed, 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 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 (Bid) from Contractor d. Specifications for Demolition and Site Clearance 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 29 of 32 Page 170 of 619 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties, and all work shall be completed and delivered within the term of the Contract. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced, and secured when left unattended. 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 Contract. 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. Indemnity. Except as to any negligence of City, its officials, officers, directors, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, directors, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility). Page 30 of 32 Page 171 of 619 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. 8. 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. 9. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. 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. RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 31 of 32 Page 172 of 619 12. 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. 13. 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 Demolition and Site Clearance 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 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility). Page 32 of 32 Page 173 of 619 Tree to Remain (Protect) Fence to Remain (Protect) Overhead Electric (Protect) Tree to Remain (Protect) Shed to Remain (Protect) 1•11- Remove Trees + Overgrowth 1123 Lincoln St 1117 Lincoln St 1111 Lincoln St Tree to Remain (Protect) CO -J 0 U J Remove Private Walk Remove Trees + Overgrowth Esri Community Maps Contributors, to a DNR, © OpenStr etMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, Ge Technologies, Inc, ETI/NASA, USGS, EPA, NPS, US Census Bureau, USDA, U FWS, Sources: Esri, Maxar, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCE S, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, ceoland, FEMA, Intermap, and the GIS user community Citly of Waterloo, Iowa Deno 17A of Al Q 0 4,000 8,00012,000 Feet Black Hawk County, IA Summary Parcel ID 891314430009 Property Address rrrw1ar WATERLOO IA509n3 Brief Tag Description INot Notto ADDITION °�'a 9144almeme'nts) Deed Bool.age 024-24891 a1/16/2n14) contract Book/Page Clara (N :Th�rorassessment purposes oniv.nottoheused ro.. amsl Di.. 940001-WATERLOO CITY/WATERLOO SCH School District WATERLOO COMMUNDYSCHOOLS Neighborhood Neighborhood Owner im information Deed Mall To WATERLOO Address Change Form Link to the Address Change Form Sales Date Seller Type Multi Parcel Amount 5/28/1985 Show Deed/Contract Show Deed/Contract Land Lot Dimensions Regular Lot 50.00 130.00 woe'. Land sires usmfor assessm. vurws nlv.rhia is not a survey ormeproperty/ Residental Dwellings Residential Dwelling Occupancy Single-FamliY Style 1Story Frame Architectural Style N/A Year Built 1895 Exterior Material Asb Total Gross LMngAxa Num. of Rooms 5 above,Pelow Number ofBedrooms e .o began Basement Basement Area 804 Basement Finished Area Plumbing 15tandard Bath: Ce.al Air Heat Y. Fireplaces Porches 1S Fa me Enclosed 1126SO4 Deds Additions 15tn,Framen20 8Fl; Permits Date Description Contract 17.00a.oa Amount FC 07/10/2025 WA HA1014 Valuation 09/22/2004 2025 2024 M. 2023 2022 2021 Classification Residential Residential Residential Residential Residential • Assessed Land Value + Assessed Improvement Value 80 So 80 • Asessed Dwelling Value Sa0950 $28550 $28550 $211m $211m Gross Assessed Value $41.320 341320) $34,20 80 $34$2o $0 $13,54O 80 Exemptions Daarrlptlon Amount m $34.920 $34.920 $27.540 $2754O 80 $2]340 CIN PROPERTY Taxation 41.320 2.4 Pay 2025-2026 2023 Pay 2024-202-5 2022 Pay 2023-2024 2021 Pay 2022-2023 83,021 $2952 $3,481 $3,448 $o 80 + Taxable Dwelling Value 813542 $13231 811569 $11.459 416.563 08,183 $15a50 410.583 80 80 80 $0 4 Dvv awrc l4810oom value) $16563 $16.183 40.18730 $14.907 3949908 435753 $692.96 $604.82 Ssaset As land Credit $000 $000 $000 $000 Family Farm Credit $aco $am $am $am Homestead Credit $0.00 $0.00 SO.00 $0.00 Disabled and Senior Citizens Credit $000 $000 $000 $000 Business Property C.It $ara $0.00 Net Tares Clue Tax History Due .e $75753 S65.6 $604.82 458ee1 Amount Paid Date Pam Receipt 2024 September 2025 $379 No $399 No 708867 2023 $349 Yes $349 Yes 631963 2022 epte March� S2023 $302 Y. Yes 513367 2021 Ma. 2023 September 2022 8294 472143 2020 Ma. 202 seprember 2021 8409 373373 2019 Ma.September 2020 237553 2018 March 2020 September 2019 037537 2017 Ma. 209 Septa ber . 814 k 037537 2017 March 209 .mber Setole 841 037537 2017 September 2018 $304 8a34 037537 2016 March 2018 September 2017 $0 037537 2016 epce Ma rcher 2017 $ 899 tt4 037537 2016 Pay Property Taxes Ma. 2018 September 2017 rink here to pay property tam for mie party. Photos $313 $313 037537 Page 175 of 619 Sketches 12 17 RR 21 Sitetch by mew Gana Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 08/12/2022 Search Sales by Neighborhood [ Search Sales by Subdivision [ 01.nox 1500 Homestead Tax Credit and Exemption 08/12/2025 Feet Apply Online for the Homestead Tax Credit and Exemption Military Service Tax Exemption Application Apply Online for the Military Service Tax Exemption The maps and data available f or access at this User Alva, Policy I GDPR Privacy Notice Last Data Uoloa./11/2025.10:30:18 Pm Search Sales by Distance Contact I, Page 176 of 619 Cut Line Remove Driveway Powerline (Protect) Fire Hydrant Remove all overgrowth .25 Driveway Remain (protect) 106 E 9th St Remain (protect) 1112 Sycamore St Remain (protect) (City property) Remove all trees and overgrowth 100E 9th St aka 105 E 10th St Fire Hydrant i J��Nrs Remove Dock Esri Community Mj,ps Contributors, I wa DNR, © OpenStreetMap, Microsoft, Esri, TomTom,�\arm� in, SafeGraph, Geo' hnologies, Inc, METI/NASA, USGS, EPA, NPS, Ui�__.. Cs Bureau, USDA, USFWources: Esri, Maxar,/Airbus DS, USGS, NA, NASA, CGIAR, N Robinson' NCEAS, N,LS, OS, NMA, Geodatas$'�relsen, Rijkswat'• staat, GSA, Geoland, FEfv�IA, Inter rap, and the GIS user community Citly of Waterloo, Iowa Deno 177 of Gt1 Q 0 4,000 8,00012,000 Feet Black Hawk County, IA Summary Parcel ID 891325179013 Alternate ID Property Address 100 E 9TH ST 105 E 10TH ST WATERLOO IA 50703 Sec/Twp/Rng N/A Brief ORIGINAL PLAT WATERLOO EAST LOT 5 AND LOTS 8 THRU 10 AND SELY 53 FT Tax Description LOT 6 AND SELY 53 FT LOT 7 AND NWLY 100 FT OF SWLY 20 FT LOT 7 ALL IN BLK 20 (Note: Not to be used on legal documents) Deed Book/Page 2014-012510(12/20/2013) Contract Book/Page Adjusted CSR Pts 0 Class C - Commercial (Note: This is for assessment purposes only. Not to be used for zoning.) District 940001- WATERLOO CITY/WATERLOO SCH TIF District 941041 - WATERLOO RIVERFRONT UR TIF School District WATERLOO COMMUNITY SCHOOLS Neighborhood Neighborhood *WAREHOUSE/SHOP WA-E Owner information Deed CITY OF WATERLOO 715 MULBERRYST WATERLOO IA 50703 Address Change Form Mail To CITY OF WATERLOO 715 MULBERRYST WATERLOO IA 50703 Link to the Address Change Form Show Deed/Contract Show Deed/Contract Land Lot Area 1.02 Acres ;44,344 SF (Note: Land sizes used for assessment purposes only. This is not a survey of the property) Commercial Buildings Total GBA 19,700 SF Building 1: Warehouse (Storage), Solid Brick - 8", 2 Story, Built -1902, 9600 SF, Bsmt - 9600 SF, HVAC - No HVAC / Combination FHA - AC, Roof - Rubber Membrane/Conc Adjustments: Office - internal w/heat only, 220 SF Heat - none, 9390 SF Canopy- Metal, 36 SF Loading Dock, 36 SF Floor - dock level adjustment, 9600 SF Addition 1: Warehouse (Storage), Wood - Frame, 1 Story, Built -1950, 500 SF, Bsmt - 0 SF HVAC - No HVAC, Roof - Asph. Shingle/ Wood Dk Adjustments: Heat - none, 500 SF Floor - dock level adjustment, 500 SF Plumbing: 2 -Toilet Room Building Extras: #1- Elevator - Freight Hydraulic, Power Elev, 100 Feet/Min, 3 Stops, Manual Door, 6,000 LB Capacity, 1960, Qty1 #2- CONC PANELS, Quantity=20,272.00, Units=SFSA, Height=10, 1980, Qty1 #3- MTL BRZWY, Quantity=448.00, Units=Square Feet, Height=8, 1902, Qty1 Yard Extras #1- (1) Paving - Asphalt 8,600 SF, Asphalt Parking, Average Pricing, Built 1960 #2 - (1) Paving - Concrete 800 SF, Concrete Parking, Average Pricing, Built 1960 Permits Permit # Date Description Amount FC 07/23/2023 Demo/Rmvl 0 WA 04162 07/19/2012 Misc 1,142 Page 178 of 619 Valuation 2024 2023 2022 2021 2020 Classification Commercial Commercial Commercial Commercial E + Assessed Land Value $50,450 $50,450 $30,270 $30,270 $30,270 + Assessed Improvement Value + Assessed Dwelling Value $104,790 $104,790 $59,640 $59,640 $75,610 $0 $0 $0 $0 $0 = Gross Assessed Value $155,240 $155,240 $89,910 $89,910 $105,880 - Exempt Value = Net Assessed Value Exemptions Code Description ($155,240) ($155,240) ($89,910) ($89,910) ($105,880) $0 $0 $0 $0 $0 Amount E86 CITY PROPERTY 155,240 Taxation 2023 2022 2021 2020 Pay 2024-2025 Pay 2023-2024 Pay 2022-2023 Pay 2021-2022 + Taxable Land Value so so $0 $0 + Taxable Improvement Value + Taxable Dwelling Value $0 $0 $0 $0 $0 $0 $0 $0 = Gross Taxable Value $0 $0 $0 $0 - Homestead 65+ Exemption $0 $0 $0 $0 - Military Exemption $o $o $o $o = Net Taxable Value so so so $o x Levy Rate (per $1000 of value) 43.12949 40.18730 39.49908 40.15223 = Gross Taxes Due $0.00 $0.00 $0.00 $0.00 - Ag Land Credit $0.00 $0.00 $0.00 $0.00 - Family Farm Credit $0.00 $0.00 $0.00 $0.00 - Homestead Credit $0.00 $0.00 $0.00 $0.00 - Disabled and Senior Citizens Credit $0.00 $0.00 $0.00 $0.00 - Business Property Credit $0.00 $0.00 $0.00 $0.00 = Net Taxes Due $0.00 $0.00 $0.00 $0.00 Tax History Year Due Date Amount Paid Date Paid Receipt 2023 rch 2025 September 2024 $0 No $0 No 621830 2022 March 2024 September 2023 $0 No $0 No 534639 2021 March 2023 September 2022 $0 so No No 2020 2019 March 2022 September 2021 $0 so No No 429806 350009 March 2021 September 2020 Pay Property Taxes Click here to pay property taxes for this parcel. Photos so No 210065 $0 No Page 179 of 619 Sketches MTL BRZWY [448] SDK=_[oh by W.1.wm0v eon.COM 64 OFF 7 150 B1.25 B BRK [9600] 10 50 A2.15 FR [500] CANOPY [36] WO DOCK [36] Page 180 of 619 Map Polling Location View Polling Location Recent Sales In Area Sale date range: From: 10/03/2021 Sales by Neighborhood Sales by Subdivision To: 10/03/2024 Distance:l 1500 I Feet Homestead Tax Credit and Exemption Sales by Distance Apply Online for the Homestead Tax Credit and Exemption Military Service Tax Exemption Application Apply Online for the Military Service Tax Exemption No data available for the following modules: Sales, Agricultural Land/CSR, Residental Dwellings, Agricultural Buildings, Tax Sale Certificate, Special Assessments, Board of Review Petition. The maps and data available for access at this website are provided "as is" without warranty or any representation of accuracy, timeliness, or completeness. User Privacy Policy I GDPR Privacy Notice Last Data Upload: 10/3/2024, 12:11:42 AM Contact Us J SCHGNEIIATIAL DER Page 181 of 619 CONTRACT RD-2025-08-02P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES 1117 Lincoln Street (RACM demo), and 100 E 9th Street (aka 105 E 10th Street) (partial RACM demo and partial non-RACM demo) This Contract for Demolition and Site Clearance Services part RACM) (the "Contract") is entered into as of October 6, 2025 by and between the City of Waterloo, Iowa ("City") and Lehman Trucking & Excavating, Inc. ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For the period of October 7, 2025 thru December 8, 2025, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, 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. 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 Contractor's RFB response, except by written amendment as provided herein. 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 all work performed, 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 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 (Bid) from Contractor d. Specifications for Demolition and Site Clearance 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 $317,375 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. Page 182 of 619 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties, and all work shall be completed and delivered within the term of the Contract. The Contractor shall be responsible for providing the City's Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. The site shall be completely fenced, and secured when left unattended. 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 Contract. 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. Indemnity. Except as to any negligence of City, its officials, officers, directors, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, directors, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 6. Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 7. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P. Page 2 of 4 Page 183 of 619 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. 8. 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. 9. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 10. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venture of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 11. 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. DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P. Page 3 of 4 Page 184 of 619 12. 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. 13. 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 Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA LEHMAN TRUCKING & EXCAVATING, INC By: Quentin Hart, Mayor Jacob Lehman Attest: Kelly Felchle, City Clerk DEMOLITION AND SITE CLEARANCE SERVICES Contract RD-2025-08-02P. Page 4 of 4 Page 185 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution determining the necessity and setting date of public hearing as November 3, 2025, to approve Amendment No. 7 to the Martin Road Urban Renewal Development Plan, to remove a property from the TIF area, and setting date of consultation with taxing entities as October 17, 2025, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Staff is proposing Amendment No. 7 to the Martin Road Development Plan to remove a property from the TIF area. The Martin Road Development Plan and TIF area is then proposed to be merged with the San Marnan Urban Renewal and Redevelopment Plan and TIF area as the South Waterloo Unified Urban Renewal and Redevelopment Plan and TIF area, and the area being removed from the Martin TIF would be added back in as part of the new South Waterloo Unified TIF. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on October 17th. The hearing is getting set for November 3rd. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Page 186 of 619 LEGAL DESCRIPTION ATTACHMENTS 1. Martin Rd UR plan Amendment 7 2025 Page 187 of 619 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO MARTIN ROAD DEVELOPMENT PLAN RECITALS A. On October 7, 1996, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 4204 and adopted Resolution No. 1996-673, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Martin Road Development Plan of the City of Waterloo Iowa (the "Plan") (Original area). In accordance with Iowa Code Chapter 403, the Original area was designated as an "economic development area" as defined by Chapter 403, and the division of revenue provided in section 403.19 with respect to the Original area was limited to twenty years and has expired. Thus, the Original area is no longer in a district subject to section 403.19 except as added back to the Plan pursuant to later amendments. B. On August 9, 2004, the City Council adopted Ordinance No. 4708 and Resolution No. 2004-522, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 1 area). C. On October 27, 2014, the City Council adopted Ordinance No. 5249 and on October 20, 2014 adopted Resolution No. 2014-903, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 2 area). D. On April 4, 2016, the City Council adopted Ordinance No. 5343 and on March 21, 2016 adopted Resolution No. 2016-197, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 3 area) (also referred to as March 2016 Additions Area). E. On November 14, 2016, the City Council adopted Ordinance No. 5373 and Resolution No. 2016-904, to amend the Plan by removing area included therein, and one or more other amendments have been made to the Plan to include Page 188 of 619 additional urban renewal projects or for other purposes (Amendment No. 4 removal area) (also referred to as November 2016 Removal Area). F. On November 28, 2016 the City Council adopted Ordinance No. 5376 and on November 14, 2016 adopted Resolution No. 2016-905, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 5 area) (also referred to as November 2016 Additions Area). G. On June 20, 2022, the City Council adopted Ordinance No. 5647 and Resolution No. 2022-376, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 6 area). H. The City desires to amend the Plan again to reduce the area included therein and to update related information in the Plan. Said amendment may be referred to as Amendment No. 7 removal area. AMENDMENT NOW THEREFORE, the Martin Road Development Plan, as previously amended, is hereby further amended as follows: 1. Attachments A, B, and C to the Plan are hereby stricken in their entirety, and the new Attachments A, B, and C which are attached hereto are substituted in their place so that the Plan shows current map (Attachment A), legal description (Attachment B), and information about bonding capacity (Attachment C). 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment G (Planning, Programming & Zoning Commission recommendation) Attachment H (notice of consultation) Attachment J (resolution adopting this amendment) Attachment K (ordinance adopting amended TIF district) Attachment L (notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. 2 Page 189 of 619 PASSED AND APPROVED this day of , 2025. ATTEST: Kelley Felchle, City Clerk 3 Quentin Hart, Mayor Page 190 of 619 See attached map. Attachment A DEPICTION OF MARTIN ROAD DEVELOPMENT PLAN URBAN RENEWAL AREA 4 Page 191 of 619 Attachment "A" - Martin Road Development Plan Area Boundary Map with Removal Area 4111 IIIIIIII'lllllll mil IIIIIIII III I 1111111111 111111 11111 IIIIIII, p � III■III IIL111 11111E :qlll IIIIIIII 11�I1111��.1111 �111111 LIIIII �- 1�111.1�11 IIIIIIII until 1111111111111111 IIII n.� 'In11 ���ull Illln ���i-�i -V == I�II IIII nuns m I�n mnm. nnuu unnr _J nJ nnn p!�I- f=_ r' l:nl III�RI III tin- I Un . . .':+ ■■.Innm iLn: _nlll CAMPBELL ;uIIJ WILLISTON,_,.��==I=_ _ :nnnll ��noi AVE m'''I'''''' �r■rnnmiinum -=I 9_I_ numll el�ll� IIIIII1' , � AVE,IJL= 10 1 ul !nnllmnlpnlll L.I--nm- ��� �i� lilnr='"iillu w lii it inun—l----I nw ,,II� a IIIIIP� � � III III' llll '�11� C 11111111111 =--I ����� .`� ill ::� � I� I •- _=1.= nmm iiiiiiiiii ■II■ clg.51=ithiol _IIli� rl.■ un'nn����iii��lll=l osmium ■I IIIIIII j.IIIIIIII■I.111 muumuu II mum% a ■mm till_ lunnnnno In uigPi'1�_ Limn. mn IIIIIIIIIIII.1 lIII _a nni IN 1111111 ..11111119.41.1 • lip auk - E •4N 1i11i .. _ E SAN.. NAN DR , n MARNAN DRT ' a I a!i Existing District Boundary Removal Area Attachment "Al"- - Martin Road Development Plan Area Boundary Map with Removal Area (Zoomed) W RIDGEWAY AVE ATHENS DR CYCLONE DR Removal Area 460 920 1,840 US Feet INVERNESS Existing District Boundary Removal Area 9 Attachment B MARTIN ROAD DEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS Original area (1996) (Original Subarea) All portions of the Original area have been included in subsequent amendment subareas. Amendment No. 1 area (2004) (Amendment No. 1 Subarea) (as modified by Amendment No. 4 (2016), and Amendment No. 7 (2025)) Beginning at the point of intersection of the centerline of U.S. Highway 63 (Sergeant Rd.) and the North line of the Southeast 1/4 of the Southwest 1/4 of Section 33, Township 89 North, Range 13 West, thence East along the North line of said Southeast 1/4 of the Southwest 1/4 of said Section to the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.), thence Southwesterly along said right-of-way to its intersection with the West line of the Southeast 1/4 of the Southwest 1/4 of said Section, thence South 89°50'15" East a distance of 432.65', thence South 1°40'30" East to the South line of said Section, thence West along said South line to the point where it would intersect the Northerly extension of the East line of Tract A of Kingswood Second Addition to Waterloo, thence South along the extension of and the East line of Tract A to the Northwest corner of Lot 15, Kingswood First Addition, said point also being a point on the Easterly line of Lot 6 of South Waterloo Commercial Park, thence Southeasterly following the Easterly line of said Lot 6 to the most Southeasterly corner of said lot, thence Southwesterly and Westerly along the South line of said lot to an angle point on the South line of said Lot 6, which is also a point on the West line of Section 5, Township 88 North, Range 13 West, thence South along the West line of said Section to the North line of the Southeast 1/4 of the Southeast 1/4 of Section 6, Township 88 North, Range 13 West, thence West along the North line of the Southeast 1/4 of the Southeast 1/4 and the North line of the Southwest 1/4 of the Southeast 1/4 to a point on the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned), thence South 35°31'30" West 850.21 feet along said line, thence North 72°26'10" West 1005.02 feet, thence Westerly 637.85 feet along a 7,789.65 foot radius curve, concave Southerly, having a chord bearing North 75°14'03" West 637.67 feet, thence North 77°34'36" West 835.86 feet, thence North 06°19'51" East 32.15 feet to the South line of the Northwest 1/4 of the Southwest 1/4 of Section 6, Township 88 North, Range 13 West, thence East along said line to the West line of the Northeast 1/4 of the Southwest 1/4 of said Section, thence North along the West line of the Northeast 1/4 of the Southwest 1/4 to the North line of the Northeast 1/4 of the Southwest 1/4 of said Section, thence East along said North line to a point on the East line of the West 440 feet of the East one-half of the Northwest fractional 1/4 of said Section, thence North along the East line of the West 440 feet of the East one-half of the Northwest fractional 1/4 to the North line of said Section 6, thence East along the North line of said Section 6, which is also the South line of 5 Page 194 of 619 Section 32, Township 89 North, Range 13 West, to the West line of the East 475 feet of the Southwest 1/4 of the Southeast 1/4 of Section 32, thence North 790 feet along said West line, thence East 475 feet to the West line of the Southeast 1/4 of the Southeast 1/4 of said Section, thence South along the West line of the Southeast 1/4 of the Southeast 1/4 to the South line of Section 32, thence East along the South line of Section 32, Township 89 North, Range 13 West, and Section 33, Township 89 North, Range 13 West, to the centerline of U.S. Highway 63 (Sergeant Rd.), thence Northeasterly along said centerline to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. Except the following areas removed from the Amendment No. 1 area by Amendment No. 4 (2016): Beginning at the point of intersection of the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.) and the West line of the Southeast 1/4 of the Southwest 1/4 of Section 33, Township 89 North, Range 13 West, thence South 89°50'15" East a distance of 432.65', thence South 1°40'30" East to the South line of said Section, thence West along said South line to the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.), thence Northerly and Northeasterly along said Southeasterly right-of-way line to the point of beginning. Also except beginning at a point on the East line of Lot 16 of Kingswood Second Addition that is 250 feet North of the South line of said Lot 16, thence Southerly and Southeasterly along the East line of said Lot 16 and the East line of Lot 6 of South Waterloo Commercial Park to the Easterly most corner of said Lot 6, thence Southwesterly and Westerly along the South line of said Lot 6 to its intersection with the East line of Section 6, Township 88 North, Range 13 West, thence South along the East line of Section 6 to the Northeast corner of the Southeast 1/4 of the Southeast 1/4 of Section 6, thence West along the North line of the Southeast 1/4 of the Southeast 1/4 of Section 6 to the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.), thence Northeasterly along the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.) to the Northerly most corner of Lot 3 of South Waterloo Commercial Park, thence Southeasterly along the Northeasterly line of said Lot 3 and an extension of the Northeasterly line of said Lot 3 to its intersection with the Northwesterly line of Lot 6 of South Waterloo Commercial Park, thence Northeasterly along the Northwesterly line of said Lot 6 and the Northwesterly line of Lot 16 of Kingswood Second Addition to its intersection with a line that is 250 feet North of the South line of said Lot 16, thence East along a line that is 250 feet North of the South line of said Lot 16 to the point of beginning Also except beginning at the Southerly most corner of Greenbelt Centre Plat No. 6, thence Southwesterly along the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned) to its intersection with the Northeasterly right-of-way line of Greyhound Drive, thence Northwesterly and Northerly along the Northeasterly and Easterly right-of-way line of Greyhound Drive to the Southwest corner of Greenbelt Centre Plat No. 3, thence East along the South line of Greenbelt Centre Plat No. 3 and the South line of Greenbelt Centre Plat No. 5 to the Southeast corner of Greenbelt Centre Plat No. 5, thence South and Southwest along the Westerly and Northwesterly right-of-way line of Titan Trail to the Westerly most corner of Greenbelt Centre Plat No. 2, thence Southeast along the Southwest line of Greenbelt Centre Plat 6 Page 195 of 619 No. 2 to the Northerly most corner of Greenbelt Centre Plat No. 6, thence Southwesterly along the Northwesterly line of Greenbelt Centre Plat No. 6 to the Westerly most corner of Greenbelt Centre Plat No. 6, thence Southeasterly along the Southwesterly line of Greenbelt Centre Plat No. 6 to the point of beginning. Also except beginning at the Southwest corner of the Northeast 1/4 of the Southwest 1/4 of Section 6, Township 88 North, Range 13 West, thence North along the West line of the Northeast 1/4 of the Southwest 1/4 of said Section 6 to the Northwest corner of the Northeast 1/4 of the Southwest 1/4 of said Section 6, thence East along the North line of the Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the Southeast 1/4 of said Section 6 to the Westerly right-of-way line of Greyhound Drive, thence Southerly along the Westerly right-of-way line of Greyhound Drive to its intersection with the South line of the Northwest 1/4 of the Southeast 1/4 of said Section 6, thence West along the South line of the Northwest 1/4 of the Southeast 1/4 and the South line of the Northeast 1/4 of the Southwest 1/4 of said Section 6 to the point of beginning Also except the East % of the Northwest Fractional 1/4 of Section 6, Township 88 North, Range 13 West lying Easterly of the Westerly 440 feet of said Northwest Fractional 1/4 and that part of the Northeast Fractional 1/4 of said Section 6 lying Westerly of the Westerly right-of-way line of Greyhound Drive, but not excepting the portion of the above described area platted as Lot 1 and Tract A of Greenbelt Centre Plat No. 1, and not excepting the portion of the above described area platted as Lot 2 of Greenbelt Centre Plat No 4. Also except Lot 1 of Greenbelt Centre Plat No. 2. Also except Lot 2, Lot 3, and the portion of Lot 1 lying Easterly of the Westerly 150 feet of Lot 1 of Greenbelt Centre Plat No. 3. Also except Lots 1 thru 12 of Greenbelt Centre Plat No. 5. Also except Lot 1 of Deer Creek Plat No. 2. And also except that part of the Southwest 1/4 of the Southeast 1/4 of Section 32, Township 89 North, Range 13 West, described as beginning at the Southeast Corner of said Southwest 1/4 of the Southeast 1/4, thence West 475 feet, thence North 790 feet, thence East 475 feet, thence South 790 feet to the point of beginning. And except the following area removed from the Amendment No. 1 area by Amendment No. 7 (2025): The South Two Hundred Fifty (250.00) feet of Lot No. Sixteen (16), Kingswood Second Addition, Waterloo, Black Hawk County, Iowa. Amendment No. 2 area (2014) (Amendment No. 2 Subarea) (as modified by Amendment No. 4 (2016)) Beginning at the intersection of the North line of the Southeast 1/4 of the Southwest 1/4 of Section 33, Township 89 North, Range 13 West and the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Road); thence Southwesterly along said right-of-way to its intersection with the West line of the Southeast 1/4 of the Southwest 1/4 of said Section 33; thence South 89°50'15" East a distance of 432.65'; thence South 1°40'30" East to the South line of said Section; thence 7 Page 196 of 619 East along said South line to the Southeast corner of the Southeast 1/4 of the Southwest 1/4 of said Section 33; thence North along the East line of said Southeast 1/4 of the Southwest 1/4 of Section 33 to the Northeast corner of the said Southeast 1/4 of the Southwest 1/4 of Section 33; thence West along the North line of said Southeast 1/4 of the Southwest 1/4 of Section 33 to the point of beginning; And also: Beginning at a point on the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned) that is South 35°31'30" West 850.21 feet from a point on said Northwesterly right-of-way line that intersects the North line of the Southwest 1/4 of the Southeast 1/4 of Section 6, Township 88, Range 13; thence South to the centerline of U.S. Highway 20 as presently established; thence Southeasterly along the centerline of U.S. Highway 20 as presently established to its intersection with the East line of Section 7, Township 88 North, Range 13 West; thence Southerly along the East line of said Section 7 to a point that is 745.6 feet South of the Northeast corner of said Section 7; thence West 70.6 feet; thence South 419.6 feet; thence Southerly 265.5 feet along a 407.5' radius curve concave Westerly having a chord bearing South 18°40' West 260.8 feet; thence South 37°20' West 149.5 feet; thence North 52°17.5' West 643.0 feet; thence South 37°42' West 450 feet; thence continuing South 37°42' West to the Southeasterly most corner of the following described parcel; the North 17.06 acres of the South 1/2 of the Northeast 1/4 of Section 7, Township 88 North, Range 13 West located West of road, and except that part of Timberline Patio Homes plat bounded as follows: commencing at a point on the centerline of West 4th Street which is 626.32 feet Southwest of the intersection of said centerline with the East line of said Section 7, thence North 89°30' West 881.76 feet, thence North 37°21'30" East 837.49 feet, thence South 52°38'30" East 710 feet, thence Southwesterly along the centerline of West 4th Street to the point of beginning, and except Highway, and except that part of the Northeast 1/4 of said Section 7 described as follows: beginning at a point on the West line of said Northeast 1/4 which is 1,218 feet South of the Northwest corner of said Northeast 1/4, thence North 78°47'45" East 208.37 feet, thence South 35°6'15" West 352.10 feet to the West line of said Northeast 1/4, thence Northwest to the point of beginning, and except that part platted as Ekho Ridge Addition; thence Northwesterly along the Southwesterly line of said described parcel to its intersection with the West line of the Northeast 1/4 of said Section 7; thence Southerly along the West line of the Northeast 1/4 of said Section 7 to the center of said Section 7; thence South 89°46'50" West 99.19 feet along the North line of the Southwest 1/4 of said Section 7; thence South 665.54 feet to the Westerly most corner of Lot 3 of Nottingham Heights Addition; thence Westerly along the South line of the North 1/2 of the North 1/2 of the Southwest 1/4 of said Section 7 to the Northeast corner of Lot C-1 of Southland Park Third Addition; thence Southeasterly along the Northeasterly line of said Lot C-1 to the Easterly most corner of said Lot C-1; thence southwesterly along the Southeasterly line of said Lot C-1 and an extension of the Southeasterly line of said Lot C-1 to the centerline of Charm Drive; thence Northwesterly, Westerly, and Southwesterly along the Centerline of Charm Drive to its intersection with a point on the Southwest line of Southland Park 4th Addition; thence Northwesterly and Northeasterly following the Southwesterly lines of Southland Park 4th Addition to the Southerly most corner of Lot C-8 of said addition; thence Northwesterly along the Southwesterly line of said Lot C-8 to 8 Page 197 of 619 the Westerly most corner of said Lot C-8; thence Southwesterly along the Southeasterly right-of- way line of U.S. Highway 63 to the Northerly most corner of the following described parcel: Unplatted Waterloo West, a part of the Southwest 1/4 of Section 7, Township 88 North, Range 13 West, beginning at a point on the West line of said Section 7 which is 1,066.45 feet North of the Southwest corner of said Section 7, thence North 36°2' East 44 feet, thence South 53°58' East 500 feet, thence South 36°2' West 344 feet, thence North 53°58' West 281.77 feet to the West line of said Section 7, thence North 370.98 feet to the point of beginning; thence Southeasterly along the Northeasterly line of said described parcel to the Easterly most corner of said described parcel; thence Southwesterly along the Southeasterly line of said described parcel to the Southerly most corner of said described parcel; thence South 53°58' East a distance of 107.59'; thence South 35°16'20" West a distance of 139.64'; thence Southwesterly in a straight line to a point on the West line of said Section 7 that is 33 feet North of the Southwest corner of said Section 7; thence South 33' to the Southwest corner of said Section 7; thence Westerly along the South line of Section 12 of Township 88 North, Range 14 West to the intersection of the South line of said Section 12 and a line 1,000' Northwesterly of and parallel to the Northwesterly right- of- way line of the Chicago Great Western Railroad (now abandoned); thence Northeasterly 935 feet along said parallel line; thence Southeasterly at a right angle 500 feet; thence Northeasterly at a right angle 878.6 feet; thence Northwesterly at a right angle to the North line of the South 1/2 of the Southeast 1/4 of said Section 12; thence continuing Northwesterly along the last bearing to the intersection with a line 1,000' Northwesterly of and parallel to the Northwesterly right-of- way line of the Chicago Great Western Railroad (now abandoned); thence Northeasterly along said parallel line to its intersection with the Northeasterly right-of-way line of the Cedar Falls Branch Line of the C NW Transportation Co. (now abandoned); thence Northwesterly along said Northeasterly right-of-way line to its intersection with the North line of the Northeast 1/4 of the Southeast 1/4 of Section 12, Township 88 North, Range 14 West; thence East along said North line and the North line of the Northwest 1/4 of the Southwest 1/4 of Section 7, Township 88 North, Range 13 West to its intersection with the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned); thence Northeasterly along said Northwesterly right-of-way line to the centerline of Ranchero Road as presently established; thence Northwesterly and Westerly along said centerline of Ranchero Road to the Southwest corner of Section 6, Township 88 North, Range 13 West; thence Northerly along the West line of said Section 6 to the Northwest corner of the Southwest fractional 1/4 of the Southwest fractional 1/4 of said Section 6; thence North 89°42'54" East a distance of 818.14 feet; thence South 06°19'51" West a distance of 32.15 feet; thence South 77°34'36" East a distance of 835.86 feet; thence Easterly 637.85 feet along a 7,789.65 foot radius curve, concave Southerly, having a chord bearing South 75°14'03" East 637.67 feet; thence South 72°26' 10" East 1005.02' to the point of beginning. Except the following area removed from the Amendment No. 2 area by Amendment No. 4 (2016): Beginning at the intersection of the Northeasterly right-of-way line of the Cedar Falls Branch Line of the CNW Transportation Co. (now abandoned) and a line that is 1,000 feet Northwesterly of and parallel to the Northwesterly right-of-way line of the Chicago Great 9 Page 198 of 619 Western Railroad (no abandoned), thence Northwesterly along said Northeasterly right-of-way line of the Cedar Falls Branch Line of the CNW Transportation Co. to its intersection with the North line of the Northeast 1/4 of the Southeast % of Section 12, Township 88 North, Range 14 West, thence East along said North line to the East line of said Section 12, thence South along the East line of said Section 12 to the Southeast corner of the Northeast 1/4 of the Northeast'/4 of the Southeast % of said Section 12, thence West along the South line of the Northeast % of the Northeast 1/4 of the Southeast 1/4 of said Section 12 to the Northeasterly right-of-way line of the Cedar Falls Branch Line of the CNE Transportation Co., thence Northwesterly along said Northeasterly right-of-way line to the point of beginning. Amendment No. 3 area (2016) (Amendment No. 3 Subarea) Parcel "D" according to Plat of Survey filed on 1/28/2015 as Doc. No. 2015-12088, as described as: That part of the Southwest Quarter (SW1) of the Southeast Quarter (SE1/4) of Section Thirty- three (33), Township Eighty-nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of aforesaid Southwest Quarter (SW1) of the Southeast Quarter (SEA); thence N01°52'25"W Thirty-three (33.00) feet along the West line of said Southwest Quarter (SW1) of the Southeast Quarter (SE1) to the North Right -of -Way line of Ridgeway Avenue; thence N01°53'44"W Six Hundred Twenty-four and Twenty-six Hundredth (624.26) feet still along said West line to the Southeast corner of Parcel "K", Document No. 2003-27008 in the Black Hawk County Recorder's Office; thence N01 °37' 11 "W Six Hundred Sixty-seven and Fifty-two Hundredths (667.52) feet along the East line of said Parcel "K" to the Northwest comer of aforesaid Southwest Quarter (SW1) of the Southeast Quarter (SE1/4), which is also on the South line of Jane Addition; thence N89°14'00"E Two Hundred Ninety-five and Eighty-eight Hundredths (295.88) feet along the South line of said Jane Addition to the Southeast corner of said Jane Addition; thence S01°45'23"E One Thousand Three Hundred Twenty-four and Sixteen Hundredths (1324.16) feet to the South line of aforesaid Southwest Quarter (SW1 ) of the Southeast Quarter (SEA); thence S89°06'56"W Two Hundred Ninety-five and Eighty-eight Hundredths (295.88) feet along said South line to the point of beginning. Amendment No. 5 area (2016) (Amendment No. 5 Subarea) Beginning at a point on the East line of Section 32, Township 89 North, Range 13 West that is four hundred twenty (420) feet South of the Northeast corner of the Northeast % of the Southeast % of said Section 32, thence South along said East line to its intersection with the northerly right- of-way line of Martin Road, thence Northeasterly and Easterly along said right-of-way line and an extension thereof to its intersection with the centerline of U.S. Highway 63, thence Southwesterly along said centerline to its intersection with the West line of the Northeast % of the Southwest % of Section 33, Township 89 North, Range 13 West, thence North along said West line to its intersection with a line that is 1,789.59 feet North of the South line of said 10 Page 199 of 619 Section 33, thence West along said line that is 1,789.59 feet North of the South line of said Section 33 to its intersection with the East line of Section 32, Township 89 North, Range 13 West, thence South along the East line of said Section 32 to its intersection with an Easterly extension of the North line of Lot 1 of Brock Addition, thence West along an Easterly extension of the North line of said Lot 1 and the North line of said Lot 1 to the Northwest corner of said Lot 1, thence South along the West line of said Lot 1 and a Southerly extension of the West line of said Lot 1 to the South line of said Section 32, thence West along the South line of said Section 32 to the Southwest corner of the Southeast'/4 of the Southeast 1/4 of Section 32, thence North to the Southwest corner of the Northeast 1/4 of the Southeast'/4 of said Section 32, thence Northeasterly to a point that is nine hundred ninety (990) feet East of and six hundred seventy five (675) feet North of the Southwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section 32, thence continuing Northeasterly to the point of beginning. Also, beginning at the point of intersection of the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.) and the West line of the Southeast 1/4 of the Southwest 1/4 of Section 33, Township 89 North, Range 13 West, thence South 89°50'15" East a distance of 432.65', thence South 1°40'30" East to the South line of said Section, thence West along said South line to the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.), thence Northerly and Northeasterly along said Southeasterly right-of-way line to the point of beginning. Also except beginning at a point on the East line of Lot 16 of Kingswood Second Addition that is 250 feet North of the South line of said Lot 16, thence Southerly and Southeasterly along the East line of said Lot 16 and the East line of Lot 6 of South Waterloo Commercial Park to the Easterly most corner of said Lot 6, thence Southwesterly and Westerly along the South line of said Lot 6 to its intersection with the East line of Section 6, Township 88 North, Range 13 West, thence South along the East line of Section 6 to the Northeast corner of the Southeast 1/4 of the Southeast 1/4 of Section 6, thence West along the North line of the Southeast 1/4 of the Southeast 1/4 of Section 6 to the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.), thence Northeasterly along the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.) to the Northerly most corner of Lot 3 of South Waterloo Commercial Park, thence Southeasterly along the Northeasterly line of said Lot 3 and an extension of the Northeasterly line of said Lot 3 to its intersection with the Northwesterly line of Lot 6 of South Waterloo Commercial Park, thence Northeasterly along the Northwesterly line of said Lot 6 and the Northwesterly line of Lot 16 of Kingswood Second Addition to its intersection with a line that is 250 feet North of the South line of said Lot 16, thence East along a line that is 250 feet North of the South line of said Lot 16 to the point of beginning. Also, beginning at the Southerly most corner of Greenbelt Centre Plat No. 6, thence Southwesterly along the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned) to its intersection with the Northeasterly right-of-way line of Greyhound Drive, thence Northwesterly and Northerly along the Northeasterly and Easterly right-of-way line of Greyhound Drive to the Southwest corner of Greenbelt Centre Plat No. 3, thence East along the South line of Greenbelt Centre Plat No. 3 and the South line of Greenbelt Centre Plat No. 5 to the Southeast corner of Greenbelt Centre Plat No. 5, thence South and Southwest along the 11 Page 200 of 619 Westerly and Northwesterly right-of-way line of Titan Trail to the Westerly most corner of Greenbelt Centre Plat No. 2, thence Southeast along the Southwest line of Greenbelt Centre Plat No. 2 to the Northerly most corner of Greenbelt Centre Plat No. 6, thence Southwesterly along the Northwesterly line of Greenbelt Centre Plat No. 6 to the Westerly most corner of Greenbelt Centre Plat No. 6, thence Southeasterly along the Southwesterly line of Greenbelt Centre Plat No. 6 to the point of beginning. Also, beginning at the Southwest corner of the Northeast 1/4 of the Southwest 1/4 of Section 6, Township 88 North, Range 13 West, thence North along the West line of the Northeast 1/4 of the Southwest 1/4 of said Section 6 to the Northwest corner of the Northeast 1A of the Southwest 1/4 of said Section 6, thence East along the North line of the Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the Southeast 1/4 of said Section 6 to the Westerly right-of-way line of Greyhound Drive, thence Southerly along the Westerly right-of-way line of Greyhound Drive to its intersection with the South line of the Northwest 1/4 of the Southeast 1/4 of said Section 6, thence West along the South line of the Northwest 1% of the Southeast 1/4 and the South line of the Northeast 1/4 of the Southwest 1/4 of said Section 6 to the point of beginning Also, the East 1/2 of the Northwest Fractional 1/4 of Section 6, Township 88 North, Range 13 West lying Easterly of the Westerly 440 feet of said Northwest Fractional 1/4 and that part of the Northeast Fractional 1/4 of said Section 6 lying Westerly of the Westerly right-of-way line of Greyhound Drive, except the portion of the above described area platted as Lot 1 and Tract A of Greenbelt Centre Plat No. 1, and except the portion of the above described area platted as Lot 2 of Greenbelt Centre Plat No 4. Also, Lot 1 of Greenbelt Centre Plat No. 2. Also, Lot 2, Lot 3, and the portion of Lot 1 lying Easterly of the Westerly 150 feet of Lot 1 of Greenbelt Centre Plat No. 3. Also, Lots 1 thru 12 of Greenbelt Centre Plat No. 5. Also, Lot 1 of Deer Creek Plat No. 2. Also, that part of the Southwest 1/4 of the Southeast 1/4 of Section 32, Township 89 North, Range 13 West, described as beginning at the Southeast Corner of said Southwest 1/4 of the Southeast 1/4, thence West 475 feet, thence North 790 feet, thence East 475 feet, thence South 790 feet to the point of beginning Amendment No. 6 area (2022) (Amendment No. 6 Subarea) Beginning at the intersection of the centerline of U.S. Highway 63 and the West line of the Northeast 1/4 of the Southwest 1/4 of Section 33, Township 89 North, Range 13 West, thence North along said West line to its intersection with a line that is 1,789.59 feet North of the South line of said Section 33, thence West along said line that is 1,789.59 feet North of the South line of said Section 33 to its intersection with the East line of Section 32, Township 89 North, Range 13 West, thence South along the East line of said Section 32 to its intersection with an Easterly extension of the North line of Lot 1 of Brock Addition, thence West along an Easterly extension of the North line of said Lot 1 and the North line of said Lot 1 to the Northwest corner of said 12 Page 201 of 619 Lot 1, thence South along the West line of said Lot 1 and a Southerly extension of the West line of said Lot 1 to the South line of said Section 32, thence East along the South line of said Section 32 and the South line of said Section 33 to the centerline of U.S. Highway 63, thence Northeasterly along the centerline of U.S. Highway 63 to the point of beginning. Also, beginning at the intersection of the Northerly right-of-way line of Martin Road and the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned), thence Northeasterly along said Northwesterly right-of-way to the centerline of W 3rd Street, thence East along the centerline of W 3rd Street to its intersection with a Northerly extension of the centerline of Orange Grove Avenue, thence South along said Northerly extension of the centerline of Orange Grove Avenue and the centerline of Orange Grove Avenue to the centerline of Campbell Avenue, thence East along the centerline of Campbell Avenue to the centerline of Fletcher Avenue, thence South and Southeasterly along the centerline of Fletcher Avenue to the centerline of W 4th Street, thence Southwesterly along the centerline of W 4th Street to the centerline of Martin Road, thence West along the centerline of Martin Road to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to its intersection with the Southeasterly right-of-way line of U.S. Highway 63, thence Southwesterly along the Southeasterly right-of-way line of U.S. Highway 63 to its intersection with the East line of the West 75 feet of Lot 23 of Park View Gardens, thence South along said East line to its intersection with the North right-of-way line of Upland Drive, thence West along the North right-of-way line of Upland Drive to its intersection with the Southeasterly right-of-way line of U.S. Highway 63, thence Southwesterly along the Southeasterly right-of-way line of U.S. Highway 63 to its intersection with the Northerly right-of-way line of Martin Road, thence West along the Northerly right-of-way line of Martin Road to the point of beginning 13 Page 202 of 619 Attachment C Study of Bonding Capacity as of January 1, 2024 January 1, 2024 actual gross assessed valuation $5,393,906,602 Legal bonding rate 5% Legal bonding limit $ 269,695,303 Less outstanding G.O. debt ($ 163,286,433) Unused gross bonding capacity $ 106,408,870 Unused gross bonding capacity is 60.54% of the legal limit. 14 Page 203 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution determining the necessity and setting date of public hearing as November 3, 2025, to approve Amendment No. 9 to the San Marnan Urban Renewal and Redevelopment Plan, to remove a property from the TIF area, and setting date of consultation with taxing entities as October 17, 2025, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Staff is proposing Amendment No. 9 to the San Marnan Urban Renewal and Redevelopment Plan to remove a property from the TIF area. The San Marnan Urban Renewal and Redevelopment Plan and TIF area is then proposed to be merged with the Martin Road Development Plan and TIF area as the South Waterloo Unified Urban Renewal and Redevelopment Plan and TIF area, and the area being removed from the Martin TIF would be added back in as part of the new South Waterloo Unified TIF. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on October 17th. The hearing is getting set for November 3rd. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION Page 204 of 619 LEGAL DESCRIPTION ATTACHMENTS 1. San Marnan Urban Renewal and Redevelopent Plan Amendment 9 Removal Area Page 205 of 619 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT 9 TO SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. On April 19, 1999, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 4351 and on July 26, 1999 adopted Resolution No. 1999- 499, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the San Marnan Urban Renewal and Redevelopment Plan of the City of Waterloo Iowa (the "Plan")(Original area). Note: the San Marnan Original area is within the urban renewal plan area, but is no longer within a TIF district. B. On December 13, 2004, the City Council adopted Ordinance 4748 and Resolution No. 2004-835, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 1 area). C. On September 14, 2009, the City Council adopted Ordinance 4956 and Resolution No. 2009-912, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 2 area). D. On December 18, 2017, the City Council adopted Ordinance 5431 and on November 27, 2017, adopted Resolution No. 2017-964, in which it was agreed to amend the Plan by removing property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 3 area). E. On December 18, 2017, the City Council adopted Ordinance 5432 and on November 27, 2017, adopted Resolution No. 2017-965, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 4 area). Page 206 of 619 F. On July 22, 2019, the City Council adopted Ordinance 5507A and on July 8, 2019, adopted Resolution No. 2019-518, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No.5 area). G. On July 13, 2020, the City Council adopted Ordinance 5564 and Resolution No. 2020-522, in which it was agreed to amend the Plan by extending the property included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 6 area). H. On November 18, 2024, the City Council adopted Ordinance No. 5777 and Resolution No. 2024-698, to amend the Plan by reducing the area included therein (Amendment No. 7 removal area). I. On November 18, 2024, the City Council adopted Ordinance No. 5778 and Resolution No. 2024-699, to amend the Plan by enlarging the area included therein, and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes (Amendment No. 8 area). J. The City desires to amend the Plan again to reduce the area included therein and to update related information in the Plan. Said amendment may be referred to as Amendment No. 9 removal area. AMENDMENT NOW THEREFORE, the San Marnan Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: 1. Attachments A, B, and C to the Plan are hereby stricken in their entirety, and the new Attachments A, B, and C which are attached hereto are substituted in their place so that the Plan shows the current map (Attachment A), legal description (Attachment B), and current information about bonding capacity (Attachment C). 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment G (Planning, Programming & Zoning Commission recommendation) Attachment H (notice of consultation) Attachment J (resolution adopting this amendment) Attachment K (ordinance adopting amended TIF district) Attachment L (notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. 2 Page 207 of 619 PASSED AND APPROVED this day of , 2025. ATTEST: Kelley Felchle, City Clerk 3 Quentin Hart, Mayor Page 208 of 619 Attachment A DEPICTION OF SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT AREA See attached map. 4 Page 209 of 619 / ■ ,,` m,,7- 1 ...,......_ iiiiptit.,.... '' ,IIIlllllnll_ \211 Attachment "A" - San Marnan Development Plan Area Boundary Map with Removal Area SIM 1 II III 0# n1111 NO I ujI .u: pui I noon..I��. - . ��'I=■iI111111111J11111111111 IIIIIIIIIII lnninilr�` ,380� mieli nu � E RIDGEWAYi ninm �\�� `� = �uounlllll „ �rmlnk ��♦ 380 q� llllll 11� ,' e' `�\` 111111111E1111, 2 :•ma ■ III ILIIIIIIIIpI �1111 11 1111 1111 11111111111111• =1,111. i 11 a Imo• �E •:.null..I..��, Attachment "A-1" - San Marnan Development Plan Area Boundary Map w'th Removal Area (Zoomed) ESANMARNAN DR - age 211 of 619 Attachment B SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS Original area (1999) (Original Subarea) A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R-O-W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County, Iowa; thence S 51°28'16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet; thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R-O-W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R-O-W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89°34' 11" E a distance of 750.00 feet; thence N 00°26'14" W a distance of 367.24 feet; thence S 89°03'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa is assumed to bear S 00°26'14" E. Note: The above described Original San Marnan Subarea is within the urban renewal plan area, but is no longer within a TIF district. Amendment No. 1 area (2004) (Amendment No. 1 Subarea) (as modified by Amendment No. 3 (2017), Amendment No. 5 (2019), and Amendment No. 7 (2024)) Beginning at the intersection of the centerlines of W. 4th Street and West San Marnan Drive, thence Easterly along the centerline of West San Marnan Drive to the point where the centerline of Johnathon Street extended would intersect said centerline, thence South and Southeasterly along the extension of the centerline and the centerline of Johnathon Street to the South line of 5 Page 212 of 619 Tower Park Drive, thence Southwesterly along an arc following the Southerly line of Tower Park Drive to the Westerly line of Tract A of Tower Park Addition, thence South 45°26' 14" East a distance of 173.84 feet, to a point on the Southwesterly line of Lot 1 Tower Park Addition, thence following said line of Lot 1 57.3 feet along a 64 foot radius curve, thence South 45°26' 14" East 52 feet to the point of intersection of Lot 1 and Tract A, thence South 54°48' 14" East to the most Southerly corner of Tract A, thence in a straight line to the most Westerly corner of Lot 1 of Tower Park No. 2, thence East along the South line of said Lot 1 and an extension thereof to the centerline of Kimball Avenue, thence South along the centerline of Kimball Avenue to the centerline of U.S. Highway 20, thence Easterly along the centerline of U.S. Highway 20 to its intersection with the East line of the West 3/4 of Section 10 Township 88 Range 13, thence South along the East line of the West 3/4 of said Section 10 to the South line of said Section, thence West along the South line of Section 10 Township 88 Range 13 to the Southwest corner of said Section, thence continuing West along the South line of Section 9 Township 88 Range 13 to the Southwest corner of said Section, thence West 466 feet along the South line of Section 8 Township 88 Range 13, thence North 466 feet, thence East 466 feet to the East line of said Section 8, thence North along the East line of said Section to its intersection with the centerline of U.S. Highway 20, thence Westerly along said centerline to its intersection with the centerline of West 4th Street, thence North along the centerline of West 4th Street to the centerline of San Marnan Drive, said point being the point of beginning, except that part described as follows: A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R-O-W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County, Iowa; thence S 51 °28' 16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet; thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R-O-W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R-O-W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89°34'11" E a distance of 6 Page 213 of 619 750.00 feet; thence N 00°26'14" W a distance of 367.24 feet; thence S 89°03'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa is assumed to bear S 00°26'14" E. Except the following 5 areas removed from the Amendment No. 1 area by Amendment No. 3 (2017): Area 1: That part of the above described Amendment No. 1 area located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. Area 2: That part of the above described Amendment No. 1 area located in Section 8 of T88 R13, but not excepting that part of said Section 8 described as Beginning at the intersection of the East line of the NE 1/4 of said Section 8 and an Easterly extension of the South line of the parcel of land described in Land Deed Book 543, Page 141, in the Black Hawk County Recorder's Office; thence S89°40'05"W 49.00'; thence continuing S89°40'05"W 188.62'; thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence Northerly along said Easterly right-of- way line and an extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8; thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. Area 3: That part of the above described Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Marnan Drive and the Northerly extension of the West line of the Northeast 1/4 of the Northwest 1/4 of Section 9, T88 R13; thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20; thence Easterly along said Northerly right-of-way line to the Southwest corner of Lot 1 of Tower Technology Park Plat No. 1; thence Northerly along the Westerly line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said Westerly most line of said Tract A; thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established, to a point that is N89°34'S0"W 50.00' from the Southwest corner of Lot 3 of Tower Park No. 5; thence NO°26'00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established; thence Easterly along said Southerly right-of- way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect; thence Northerly along a Southerly extension of said West line, along said West line, and along a Northerly extension of said West line to the centerline of West San Marnan Drive; thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot 1; thence Westerly 7 Page 214 of 619 along the South line of said Lot 1 to the Southwest corner of said Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of- way line to the centerline of West San Marnan Drive; thence Westerly along said centerline of West San Marnan Drive to the Point of Beginning. Area 4: That part of the above described Amendment No. 1 area described as: Lot 1, Tract A, and Tract B of Tower Park No. 4. Area 5: That part of the above described Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. And except the following area removed from the Amendment No. 1 area by Amendment No. 5 (2019): All that part of the above described Amendment No. 1 area that is part of Lots 1 thru 24 of Sunnyside South Addition. And except the following area removed from the Amendment No. 1 area by Amendment No. 7 (2024): That part of the Northeast Quarter of Section 9, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, lying Westerly of Johnathan Street and lying Northerly of Tower Park Drive and lying Southerly of Parcel "G" of Plat of Survey Do. #2005-7650. Amendment No. 2 area (2009) (Amendment No. 2 Subarea) A parcel of land in the Northwest Quarter (NW '/a) of Section 10, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at the intersection of the centerline of Kimball Avenue and the centerline of US Highway 20; thence Easterly along the centerline of US Highway 20 to the intersection of said centerline and the Southerly extension of the Western -most line of Lot 1, Anderson's Addition; thence Northerly along said Western -most line of Lot 1, Anderson's Addition and the extension thereof, to the South line of Lot 1, Anderson's 1st Addition; thence Westerly along the South line of Lot 1, Anderson's Pt Addition and the South end of the Mirage Ridge right of way to the West right of way line of Mirage Ridge; thence North along the West right of way line of Mirage Ridge to the South line of Lot 1, Anderson's Fifth Addition; thence Westerly along the South line of Lot 1, Anderson's Fifth Addition and Lot 1, Anderson's Eighth Addition and the Westerly extension thereof, to the centerline of Kimball Avenue; thence Southerly along the centerline of Kimball Avenue to the centerline of US Highway 20 and the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. 8 Page 215 of 619 Amendment No. 4 area (2017) (Amendment No. 4 Subarea) (as modified by Amendment No. 7 (2024) and Amendment No. 9 (2025)) That part of the above described Amendment No. 1 area located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. And, That part of the above described Amendment No. 1 area located in Section 8 of T88 R13, except that part of said Section 8 described as Beginning at the intersection of the East line of the NE'/4 of said Section 8 and an Easterly extension of the South line of the parcel of land described in Land Deed Book 543, Page 141, in the Black Hawk County Recorder's Office; thence S89°40'05"W 49.00'; thence continuing S89°40'05"W 188.62'; thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence Northerly along said Easterly right-of-way line and an extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8; thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. And, That part of the above described Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Marnan Drive and the Northerly extension of the West line of the Northeast'/4 of the Northwest'/4 of Section 9, T88 R13; thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20; thence Easterly along said Northerly right-of-way line to the Southwest corner of Lot 1 of Tower Technology Park Plat No. 1; thence Northerly along the Westerly line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said Westerly most line of said Tract A; thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established, to a point that is N89°34'S0"W 50.00' from the Southwest corner of Lot 3 of Tower Park No. 5; thence NO°26'00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established; thence Easterly along said Southerly right-of- way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect; thence Northerly along a Southerly extension of said West line, along said West line, and along a Northerly extension of said West line to the centerline of West San Marnan Drive; thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 to the Southwest corner of said Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of- 9 Page 216 of 619 way line to the centerline of West San Marnan Drive; thence Westerly along said centerline of West San Marnan Drive to the Point of Beginning. And, That part of the above described Amendment No. 1 area described as: Lot 1, Tract A, and Tract B of Tower Park No. 4. And, That part of the above described Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. And, That part of the Southeast 1/4 of the Northeast 1/4 of Section 10, T88 R13, lying Southerly of the centerline of US Highway 20, except the North 422 feet of the South 678.5 feet of the East 218.4 feet of said Southeast 1/4 of the Northeast 1/4, and except Parcel A, being part of the Northeast 1/4 of Section 10, T88R13, pursuant to survey filed May 24, 2016 as Document No. 2016-019901, and except Tract B of said Southeast 1/4 of the Northeast 1/4, recorded as Land Deed 539, Page 330 in the Black Hawk County Recorder's Office. Except the following area removed from the Amendment No. 4 area by Amendment No. 7 (2024): Lot 8 of San Marnan Business Park First Addition. And except the following area removed from the Amendment No. 4 area by Amendment No. 9 (2025): Lot 9 of San Marnan Business Park First Addition. Amendment No. 5 area (2019) (Amendment No. 5 Subarea) Beginning at the intersection of the centerlines of West San Marnan Drive and Johnathan Street, thence Northerly along an extension of the centerline of Johnathan Street to the Northerly right- of-way line of West San Marnan Drive as presently established, thence Easterly along the present Northerly right-of-way line of West San Marnan Drive to the centerline of Pheasant Lane, thence Northerly along the centerline of Pheasant Lane to the centerline of Brookeridge Drive, thence Easterly along the centerline of Brookeridge Drive to the centerline of Kimball Avenue, thence Southerly along the centerline of Kimball Avenue to its intersection with the Easterly extension of the North line of Lot 5 of Tower Park, thence Westerly along the Easterly extension of the North line of Lot 5 and the North line of Lot 5 of Tower Park to the Northwesterly corner of said Lot 5, thence Southwesterly along the Northwesterly line of said 10 Page 217 of 619 Lot 5 to the Southwesterly corner of Said Lot 5, thence Northwesterly, Westerly and Northerly along the Southerly and Westerly lines of Lot 4 of Tower Park to the Northwest corner of said Lot 4, thence Westerly to the Northeast corner of Lot 3 of Tower Park, thence NOO°24'22"W 6.98 feet along an extension of the East line of said Lot 3, thence N89°38'05"W 401.08 feet, thence N00°56' 12"E 17.02 feet, thence N89°03'48"W 258.97 feet, thence SOO°26'14"W 20 feet to the Northwest corner of Lot 2 of Tower Park, thence due West to the centerline of Johnathan Street, thence Northerly along the centerline of Johnathan Street to its intersection with the centerline of West San Marnan Drive and the Point of Beginning. And, Lot 1 of Anderson's Eighth Addition. Amendment No. 6 area (2020) (Amendment No. 6 Subarea) Beginning at the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of Section 10, T88N R13W; thence North 33 feet to the Northerly right-of-way line of East Shaulis Road as presently established; thence Easterly along said Northerly right-of-way line of East Shaulis Road to the West line of the Southwest 1/4 of the Southeast 1/4 of Section 11, T88N R13W; thence Northerly along said West line to the North line of said Southwest 1/4 of the Southeast 1/4; thence Easterly along said North line of said Southwest 1/4 of the Southeast 1/4, and the North line of the Southeast 1/4 of the Southeast 1/4 of said Section 11, and an Easterly extension of the North line of said Southeast 1/4 of the Southeast 1/4 to the Easterly right-of-way line of Hess Road as presently established in Section 12, T88N R13W; thence Southerly along said Easterly right-of-way line of Hess Road to the Northerly right-of-way line of East Shaulis Road as presently established; thence Westerly along said Northerly right-of-way line of East Shaulis Road to the East line of Section 11, T88N R13W; thence Southerly along the East line of said Section 11 and the East line of Section 14, T88N R13W to the Southerly right-of-way line of East Shaulis Road as presently established; thence Westerly along said Southerly right-of-way line of East Shaulis Road to the West line of the Northeast 1/4 of the Northeast 1/4 of Section 15, T88N R13W; thence Northerly along said West line to the Northwest corner of the Northeast 1/4 of the Northeast 1/4 of said Section 15, said point also being the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of Section 10, T88N R13W, and the Point of Beginning. And, Beginning at the Southwest corner of Section 12, T88N R13W; thence North 55 feet to the Northerly right-of-way line of East Shaulis Road as presently established; thence Easterly along said Northerly right-of-way line of East Shaulis Road and an Easterly extension of said Northerly right-of-way line to the East line of said Section 12; thence Southerly along the East line of said 11 Page 218 of 619 Section 12 and the East line of Section 13, T88N R13W to a point on the East line of said Section 13 that is 600 feet South of the Northeast corner of said Section 13; thence due West to the Southwesterly right-of-way line of East Shaulis Road as presently established; thence Northwesterly along said Southwesterly right-of-way line of East Shaulis Road to the West line of the Northeast 1/4 of the Northeast '/4 of said Section 13; thence Southerly along said West line and the West line of the Southeast 1/4 of the Northeast 1/4 of said Section 13 to the South line of the Northeast 1/4 of said Section 13; thence West along said South line and the South line of the Northwest 1/4 of said Section 13 to the West line of said Section 13; thence North along the West line of said Section 13 to the Northwest corner of said Section 13, said point also being the Southwest corner of Section 12, T88N R13W, and the Point of Beginning. Amendment No. 8 area (2024) (Amendment No. 8 Subarea) Lot 8 of San Marnan Business Park First Addition. And, That part of the Northeast Quarter of Section 9, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, lying Westerly of Johnathan Street and lying Northerly of Tower Park Drive and lying Southerly of Parcel "G" of Plat of Survey Do. #2005-7650. 12 Page 219 of 619 Attachment C Study of Bonding Capacity as of January 1, 2024 January 1, 2024 actual gross assessed valuation $5,393,906,602 Legal bonding rate 5% Legal bonding limit $ 269,695,303 Less outstanding G.O. debt ($ 163,286,433) Unused gross bonding capacity $ 106,408,870 Unused gross bonding capacity is 60.54% of the legal limit. 13 Page 220 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution determining the necessity and setting date of public hearing as November 3, 2025, to approve the Amended and Restated South Waterloo Unifed Urban Renewal and Redevelopment Plan, and setting date of consultation with taxing entities as October 17, 2025, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION This Plan merges the Martin Road Development Plan Area and the San Marnan Urban Renewal and Redevelopment Plan Area into a unified district, the Amended and Restated South Waterloo Unified Urban Renewal and Redevelopment Plan (2025). The Plan includes updated project details and project budgets, and adds additional property to the Urban Renewal Area (URA) and TIF District (areas that were previously in and removed from the Martin and San Marnan Plan Areas, and one new parcel). These added areas can be referred to as the "2025 Expansion Area". The Plan is an amendment and restatement of the existing urban renewal plans, and shall be viewed as a unified or consolidated plan, with the separate areas and amended areas of the prior plans, and the 2025 Expansion Area, being maintained and observed, but the combined and expanded area comprising the Amended and Restated Urban Renewal Area shall be treated as one unified area for planning and development purposes. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on October 17th. The hearing is getting set for November 3rd. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A Page 221 of 619 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Amended and Restated South Waterloo Unified Urban Renewal and Redevelopment Plan Page 222 of 619 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDED AND RESTATED SOUTH WATERLOO UNIFIED URBAN RENEWAL AND REDEVELOPMENT PLAN (2025) Page 223 of 619 TABLE OF CONTENTS Introduction and Background 1 Unified or Linked Areas 2 District Designation 3 Description 3 Base Values 3 Development Plan 3 Project Area Objectives 3 Type of Renewal Activities 4 Proposed Urban Renewal Activities 5 Financial Data 5 Special Financing 6 Property Acquisition/Disposition 7 Relocation 7 State and Local Requirements 7 Severability 7 Urban Renewal Plan Amendments 7 Effective Period 7 Attachments A. Boundary Map B. Urban Renewal Area Legal Description C. Study of Bonding Capacity D. Project Proposals and Budgets E. Acquisition Checklist F. Relocation Checklist G. Planning, Programming & Zoning Resolution H. Notification to Taxing Entities, and Record of Consultation I. Resolution Adopting Amended Plan J. Ordinance Adopting TIF District K. Notice of Public Hearing (Published) i Page 224 of 619 AMENDED AND RESTATED SOUTH WATERLOO UNIFIED URBAN RENEWAL AND REDEVELOPMENT PLAN CITY OF WATERLOO, IOWA INTRODUCTION AND BACKGROUND This Amended and Restated South Waterloo Unified Urban Renewal and Redevelopment Plan ("Plan" or "Urban Renewal Plan" or "Amended and Restated Plan") has been prepared to identify the objectives, activities, and projects that are intended to simulate private investment and alleviate blighted conditions in an area known as the South Waterloo Unified Urban Renewal and Redevelopment Plan Area (the "Urban Renewal Area" or "Amended and Restated Urban Renewal Area"). In order to achieve these objectives, the City of Waterloo shall undertake the urban renewal actions specified in this Plan, pursuant to the powers granted to it under Chapter 403 of the Iowa Code, Urban Renewal Law, and Chapter 15A of the Iowa Code. Under this Plan, the Urban Renewal Area includes the areas formerly designated as urban renewal areas under the Urban Renewal Plans for the Martin Road Development Plan Urban Renewal Area (the "Martin Road Plan Area"), as previously amended, and the San Marnan Urban Renewal and Redevelopment Plan Urban Renewal Area (the "San Marnan Plan Area"), as previously amended, each referred to herein as a "subarea." The urban renewal plan for the Martin Road Plan Area was originally adopted in 1996 by Resolution No. 1996-673, was amended by Amendment No. 1 in 2004 by Resolution No. 2004-522, and amended again in 2014 by Amendment No. 2 by Resolution No. 2014-903, and amended again in 2016 by Amendment No. 3 by Resolution No. 2016-197, and amended again in 2016 by Amendment No. 4 by Resolution No. 2016-904, and amended again in 2016 by Amendment No. 5 by Resolution 2016- 905, and amended again in 2022 by Amendment No. 6 by Resolution No. 2022-376, and amended again in 2025 by Amendment No. 7 by Resolution No. 2025- . The urban renewal plan for the San Marnan Plan Area was originally adopted in 1999 by Resolution No. 1999-499, and was amended again in 2004 by Amendment No. 1 by Resolution No. 2004-835, and amended again in 2009 by Amendment No. 2 by Resolution No. 2009-912, and amended again in 2017 by Amendment No. 3 by Resolution No. 2017-964, and amended again in 2017 by Amendment No. 4 by Resolution No. 2017-965, and amended again in 2019 by Amendment No. 5 by Resolution No. 2019-518, and amended again in 2020 by Amendment No. 6 by Resolution No. 2020-522, and amended again in 2024 by Amendment No. 7 by Resolution 2024-698, and amended again in 2024 by Amendment No. 8 by Resolution 2024-699, and amended again in 2025 by Amendment No. 9 by Resolution No. 2025- . In addition, this Plan adds additional property to the Amended and Restated Urban Renewal Area for potential future development, redevelopment, and infrastructure construction (the "2025 Expansions Area"). The Plan is an amendment and restatement of the existing urban renewal plans for the Martin Road Plan Area and the San Marnan Plan Area, and shall be viewed as a unified or consolidated plan for the purposes of fulfilling the development objectives of the Plan. The separate areas and amended areas of the prior plans will be maintained and observed for those purposes which are aided by or in need of the division of tax revenues, but the combined area comprising the 1 Page 225 of 619 Amended and Restated Urban Renewal Area shall be treated as one unified area for planning and development purposes. Each of the original areas and amended areas may be referenced to herein as "subareas" of the Plan. The division of taxation and the separation of incremental taxes authorized by Iowa Code Section 403.19 have been implemented in the existing Martin Road Plan Area and San Marnan Plan Area. Under the terms of this Plan and applicable tax increment ordinances, the tax increment mechanism described in Iowa Code Section 403.19 shall continue to apply to the existing subareas as currently provided, except on the 2025 Removals Area. Incremental taxes shall be determined separately with respect to each subarea of the Amended and Restated Urban Renewal Area, and when collected shall be applied, subject to such liens and priorities as may exist or be from time to time provided, to the Amended and Restated Area as a whole, as amended. This Plan provides updated information on objectives, types of renewal activities and financial information for the Amended and Restated Urban Renewal Area. UNIFIED OR LINKED AREAS In response to particular situations during the past years, the City of Waterloo has created, expanded and amended several urban renewal areas, covering different portions of the City. This Plan confirms the City's intention to link these urban renewal areas together into one Amended and Restated Urban Renewal Area. Changing economic conditions and development or redevelopment priorities makes it less advantageous to have separate areas. One of the objectives of this Plan is to unify or link these areas in order to maximize the future generation of incremental property tax revenues in order to promote economic development within the designated boundaries of the Amended and Restated Urban Renewal Area. The City is combining what are generally referred to as the Martin Road Plan Area (as amended) and the San Marnan Plan Area (as amended) to capitalize on the success and stability of the Plan Areas and to provide resources and to assist in the development of the Plan Areas. Specifically, the unification of the urban renewal areas under a single comprehensive plan will benefit the economic development of the City for the following reasons: 1. Providing additional resources to permit improvements to infrastructure to encourage growth and additional development or redevelopment within the Amended and Restated Urban Renewal Area; 2. Providing additional developmental areas for a diversified range of businesses, including commercial and industrial; 3. Stimulating commercial and industrial growth in the Urban Renewal Area, which includes areas that have previously been hampered by limited resources for commercial and industrial development and access to necessary City services; 4. Providing resources for in -fill opportunities within the Urban Renewal Area that will complement existing businesses and development opportunities; 2 Page 226 of 619 5. Enhance the image of the community by improving the aesthetics in the Urban Renewal Area by removing deteriorating buildings and conditions while improving transportation access to businesses located in the Urban Renewal Area; 6. Promote development and redevelopment in areas of the City. 7. Promote continued emphasis on furthering the economic development goals described in the City of Waterloo 2020 Strategic Development Plan. The adoption of this Plan will have no effect on any of the tax increment ordinances that have been adopted for any of the urban renewal areas, or on any of the tax base valuations or revenues that have been previously established for any of the urban renewal areas or amendment areas, except for the "2025 Removals Area". DISTRICT DESIGNATION With the adoption of this Plan, the City of Waterloo will continue to designate that portion of the Amended and Restated Urban Renewal Area formerly identified as the Martin Road Plan Area as an economic development area and will continue to designate that portion of the Amended and Restated Urban Renewal Area formerly identified as the San Marnan Plan Area as an economic development area, which are appropriate for the promotion of retail, commercial, and/or industrial development. DESCRIPTION The description of the Amended and Restated Urban Renewal Area is illustrated in Attachments A and A-1, and legally described in Attachment B. BASE VALUES Each of the existing areas being unified as a result of this Amended and Restated Plan will retain their separate existing base values for tax increment purposes. The base value for the 2025 Expansions Area will be the taxable valuation of that subarea as of January 1 of the calendar year preceding the effective date of the Tax Increment Financing (TIF) Ordinance or Ordinances that includes those particular subareas. DEVELOPMENT PLAN The goals and objectives of the Amended and Restated Plan are in conformity with the City of Waterloo's Comprehensive Plan and the land use policy and priorities that were adopted as part of the planning process. Both the Amended and Restated Plan and the Comprehensive Plan strive to maintain the City's role as a regional center of commerce and industry, assure land uses which will strengthen and complement existing appropriate land use relationships within the surrounding community, encourage sound growth and investment in the area, increase employment in the area by encouraging economic development, and provide economic incentives that may increase employment opportunities within the City. 3 Page 227 of 619 The Amended and Restated Plan does not in any way replace or modify the City's current land use planning or zoning regulation process. PROJECT AREA OBJECTIVES Renewal activities are designed to provide opportunities, incentives, and sites for community economic development purposes and blight remediation, including new and expanded retail, commercial, and industrial development. Objectives under this Plan include: 1. To stimulate, through public action and commitment, private investment in new commercial and industrial development. 2. To plan for and provide sufficient land for retail, commercial or industrial development. 3. To provide for the installation of public infrastructure and facilities in the Urban Renewal Area, which ultimately contribute to the sound development of the entire City. 4. To provide a more marketable and attractive investment climate. 5. To promote infill development in applicable areas. 6. To achieve a diversified, well-balanced economy providing a desirable standard of living, creating job opportunities, and strengthening the tax base. 7. To eliminate blighting influences and promote revitalization. TYPE OF RENEWAL ACTIVITIES To meet the objectives of this Urban Renewal Plan and to encourage the development of the area, the City intends to utilize the powers conferred under Iowa Code Chapter 403 and Chapter 15A, as follows: 1. To undertake and carry out urban renewal projects through the execution of contracts and other instruments. 2. To acquire land and to provide for the construction of specific site improvements such as grading and site preparation activities, access roads and parking, fencing, utility connections, and related activities. 3. To arrange for or cause to be provided the construction or repair of public infrastructure, including but not limited to, streets, water, storm sewer, sanitary sewer, public utilities, sidewalks, skywalks, street lights, public parks and open spaces, bike trails, landscaping or other related facilities, enhancements, and activities in connection with urban renewal projects. 4 Page 228 of 619 4. To make loans, forgivable loans, tax rebate payments or other types of economic development grants or incentives to private persons or businesses for economic development or blight remediation purposes on such terms as may be determined by the City Council. 5. To use tax increment financing to facilitate urban renewal projects, including, but not limited to, financing to achieve a more marketable and competitive land offering price and to provide for necessary physical improvements and infrastructure. 6. To borrow money and to provide security therefor. 7. To make or have made surveys and plans necessary for the implementation of the urban renewal program or specific urban renewal projects. 8. To provide contributions and/or incentives for appropriate redevelopment and infill development projects and for the elimination or remediation of blighting infuluences. 9. To acquire property through a variety of means (purchase, lease, option, etc.) and to hold, clear or prepare the property for redevelopment, or to dispose of property. 10. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions for the City of Waterloo and the State of Iowa. PROPOSED URBAN RENEWAL PROJECTS 1. Certain urban renewal activities will continue over a period of years, such as the construction of public infrastructure and incentives to encourage increased employment and taxable value. The City may continue providing direct or indirect financial assistance to private persons or businesses as an incentive to locate or expand in the area. 2. Future land acquisition, as may be necessary, to further the economic development needs of the City. 3. Ongoing development of the Martin Road Plan Area and the San Marnan Plan Area as deemed advisable by the City to further stimulate and provide economic development opportunities for businesses interested in locating within the Amended and Restated Urban Renewal Area. 4. Pay all legal fees, consulting fees and related expenses associated with administration and operation of the Amended and Restated Urban Renewal Area. 5. Urban renewal projects that are anticipated to occur over a period of 1 to 6 years or more are described in more detail in Attachment D. 5 Page 229 of 619 FINANCIAL DATA For updated information about unused bonding capacity for the City of Waterloo, see Attachment C. Proposed amount of loans, advances, indebtedness or bonds to be incurred: A specific amount of debt to be incurred for the proposed urban renewal projects has not yet been determined. The projects authorized in this Plan are only proposed projects at this time. The City Council will consider each project proposal on a case -by -case basis to determine if it is consistent with the Plan and in the public's best interest to participate in the project. These projects, if approved, will commence and be concluded over a number of years. In no event will debt be incurred that would exceed the City's debt capacity. It is further expected that such indebtedness, including interest on the same, will be financed in whole or in part with tax increment revenues from the Urban Renewal Area. Subject to the foregoing, it is estimated that the cost of the proposed urban renewal projects as described above will be approximately $190,000,000 to $200,000,000. SPECIAL FINANCING To meet the objectives of this Urban Renewal Plan and to encourage private investment in and the development of the Urban Renewal Area, the City may determine to provide financial assistance to qualified private businesses through the making of loans, rebates or grants under all applicable provisions of the Iowa Code, including but not limited to Chapters 15 and 15A, and through the use of tax increment financing under Chapter 403. 1. Loans, Rebates or Grants. The making of loans or grants of public funds to private businesses within the Urban Renewal Area may be deemed necessary or appropriate for economic development purposes and to aid in the planning, undertaking and carrying out of urban renewal activities authorized under this Urban Renewal Plan and the Code of Iowa. Accordingly, in furtherance of the objectives of this Urban Renewal Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or such other obligations or loan agreements for the purpose of making loans or economic development grants of public funds to private businesses located in the Urban Renewal Area. Alternatively, the City may determine to use available funds for making such loans or grants with the intention to reimburse those funds with incremental taxes when or if available. 2. Tax Increment Financing. The City may utilize tax increment financing as a means to help pay for the costs associated with acquisition and the development of the Urban Renewal Area. General obligation bonds, tax increment revenue bonds, internal loans or such other obligations or loan agreements may be issued by the City. The City may elect to secure obligations or abate some or all of the debt service on bonds issued for the following costs with incremental taxes from the area (if and to the extent incurred by the City): 6 Page 230 of 619 a. Constructing public improvements, such as streets, sanitary sewers, storm sewers, water mains or other facilities. b. Making loans or grants to private businesses, including debt service payments on any bonds or notes issued to finance such loans or grants. c. Providing the local matching share of state or federal grant and loan programs. d. Other authorized urban renewal projects, including those described in Attachment D. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or any other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan. PROPERTY ACQUISITION/DISPOSITION The City may finance or assist with financing the cost of land acquisitions in the Urban Renewal Area. The City will follow applicable legal proceedings and procedures for the acquisition and disposition of property (see Attachment E). RELOCATION The City does not expect there to be any relocation required of residents or businesses as part of the proposed urban renewal projects; however, if any relocation is necessary, the City will follow all applicable relocation requirements (see Attachment F). STATE AND LOCAL REQUIREMENTS All provisions necessary to conform to state and local laws will be complied with by the City and/or the developer in implementing this Urban Renewal Plan and its supporting documents, objectives and renewal activities. SEVERABILITY In the event one or more provisions contained in the Urban Renewal Plan, as amended, shall be held for any reason to be invalid, illegal, unauthorized or unenforceable in any respect, such invalidity, illegality, unauthorization or enforceability shall not affect any other provision of this Urban Renewal Plan, and this Urban Renewal Plan shall be construed and implemented as if such provisions had never been contained herein. URBAN RENEWAL PLAN AMENDMENTS This Urban Renewal Plan may be amended from time to time for a number of reasons, including but not limited to change in the area, to add or change land use controls and regulations, to modify goals or types of renewal activities, or to amend property acquisition and disposition 7 Page 231 of 619 provisions. The City Council may amend this Plan pursuant to appropriate procedures under Iowa Code Chapter 403. EFFECTIVE PERIOD This Plan will become effective upon its adoption by the City Council and will remain in effect until it is repealed by the City Council. Areas that are designated as economic development areas, the use of incremental property tax revenues or the "division of revenue," as those words are used in Iowa Code Chapter 403, currently is limited in duration under Iowa law. The use of tax increment financing revenues (including the amount of loans, advances, indebtedness or bonds which qualify for payment from the division of revenue provided in Iowa Code Section 403.19) by the City for activities carried out under this Plan shall be limited as deemed appropriate by the City Council and consistent with all applicable provisions of law. 8 Page 232 of 619 Attachment A DEPICTION OF SOUTH WATERLOO UNIFIED URBAN RENEWAL AND REDEVELOPMENT AREA See attached map. Page 233 of 619 Attachment "A" - South Waterloo Unified Boundary Map with Added Areas IIIIIIII111i= EIIIInnnnhIIII—i 1111111111111 - I(..IIIIIIII.11llllll111 "1 11 m111111111111.mTz., ■�J�,�:IIIII 11E1111■►! 111III11 IIIII ---.L•;llnf= _ :1u==1IIIPIIIIIIIRI�I <'`"s': e111111111IIIRn.111111111ira1iii"in �iui: ;� �`.•. 11:2 III CAMPBELL :11-` A'I'li2__ I 11111C=-'I ...i "AVEIIIIIII == li1L 1"g4n= 11,11„r1111'111111111„1=_III,III_,III,;,11�111111`111,1II1,I,,1,. Ilr1l : iII���.111 I1III,II1I1I 11111111111II1111111 - uillllll ' :i1: -lain EOM nll�l 111111111N ill o gill" !—=li�p1 g. ..--1111P_111111111111111._ 1�"1'1IIII - III� IIII i„P IIIIII � ' .IIIIII IIIIII. III „1,1='==111111E-1111,; _ -_ IIIIII== 1�1 lll 11111111 - IIIIII -_- 111111111111 =-- — ..111111_.11llllll 11 111111111111111 _ ,g11p�1111 = \ IIIIII IIII iM IIII==I 11111::.111_ _�_ IIIII= =IIIII 1111111111111:IIIm=-u11� 11�:=€IIII 11 I�illll 1: 111111111F; IIIIII. 1111E =IIII IIIIIll1\ _.IIIIII nn3?III. 11111IIIII Illllllil� 11111111111111�_IIIIII IIIII=-1�l ■WHIM I11g _IIII 111111111 I111� -IIIII _._- .IIIII.IIIIIIIIIII IIII 1111 1111 1I I1II.1111I I1111. _, li I IIIIIIIIi_ II,IIII�1 � it i*IX =GNI 1111111. =IIII II C: 38...dr m IiiiI =111111. nIIIII ..:11�S �, =IIII€1IIIIIII-"" �38A-111 IIII n11111:IIIII, llllll1111111-11j„„' mom 11111111.1111111111.1wall 380.kI �" I I JII MILL Iim1.T. oil i.1iI i liil IMr21111.u\ `-•• AY ; ;III llf ��� Wit, . m :19111111111 ■III: "� r'1tt--":�� I, '.«�' . Him = I���irnnu e�'i• '� 380 • �,,••y 380 J1I1LJ ,� ,380 J ��FM -rlil'l . 1 ii\ .,,.III ►ilea ..... ..min• rmaftT• i Attachment "A-1" - South Waterloo Unified Boundary Map with Added Areas (Zoomed) ■W W� GRAM T� J W RIDGEWAY AVE" Added Area ATHENS DR CYCLONEO. JANE ST RED p Ili T-1/4'DRI 14.1 1,000 2,000 4,000 US Feet I I III �MAR+IN RD- BYRNBRAE ST DEVONSHIRE KENT CIR DIXONLI/LO i-—Q 1 DRLL,,'R fri: Qcrrr 1(/) W l ==,T: 1Jlcr-m - II I 11E MEADOW m cn W SHAULIS RD Existing District Boundary Added Areas III Page 2R5 of ti 19 Attachment B URBAN RENEWAL AREA LEGAL DESCRIPTIONS Martin Road Development Plan — original area (1996) (Original Martin Road Subarea) All portions of the Original area have been included in subsequent amendment subareas. Martin Road Development Plan — Amendment No. 1 area (2004) (Martin Road Amendment No. 1 Subarea) (as modified by Amendment No. 4 (2016), and Amendment No. 7 (2025)) Beginning at the point of intersection of the centerline of U.S. Highway 63 (Sergeant Rd.) and the North line of the Southeast 1/4 of the Southwest 1/4 of Section 33, Township 89 North, Range 13 West, thence East along the North line of said Southeast 1/4 of the Southwest 1/4 of said Section to the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.), thence Southwesterly along said right-of-way to its intersection with the West line of the Southeast 1/4 of the Southwest 1/4 of said Section, thence South 89°50'15" East a distance of 432.65', thence South 1°40'30" East to the South line of said Section, thence West along said South line to the point where it would intersect the Northerly extension of the East line of Tract A of Kingswood Second Addition to Waterloo, thence South along the extension of and the East line of Tract A to the Northwest corner of Lot 15, Kingswood First Addition, said point also being a point on the Easterly line of Lot 6 of South Waterloo Commercial Park, thence Southeasterly following the Easterly line of said Lot 6 to the most Southeasterly corner of said lot, thence Southwesterly and Westerly along the South line of said lot to an angle point on the South line of said Lot 6, which is also a point on the West line of Section 5, Township 88 North, Range 13 West, thence South along the West line of said Section to the North line of the Southeast 1/4 of the Southeast 1/4 of Section 6, Township 88 North, Range 13 West, thence West along the North line of the Southeast 1/4 of the Southeast 1/4 and the North line of the Southwest 1/4 of the Southeast 1/4 to a point on the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned), thence South 35°31'30" West 850.21 feet along said line, thence North 72°26'10" West 1005.02 feet, thence Westerly 637.85 feet along a 7,789.65 foot radius curve, concave Southerly, having a chord bearing North 75°14'03" West 637.67 feet, thence North 77°34'36" West 835.86 feet, thence North 06° 19'51" East 32.15 feet to the South line of the Northwest 1/4 of the Southwest 1/4 of Section 6, Township 88 North, Range 13 West, thence East along said line to the West line of the Northeast 1/4 of the Southwest 1/4 of said Section, thence North along the West line of the Northeast 1/4 of the Southwest 1/4 to the North line of the Northeast 1/4 of the Southwest 1/4 of said Section, thence East along said North line to a point on the East line of the West 440 feet of the East one-half of the Northwest fractional 1/4 of said Section, thence North along the East line of the West 440 feet of the East one-half of the Northwest fractional 1/4 to the North line of said Page 236 of 619 Section 6, thence East along the North line of said Section 6, which is also the South line of Section 32, Township 89 North, Range 13 West, to the West line of the East 475 feet of the Southwest 1/4 of the Southeast 1/4 of Section 32, thence North 790 feet along said West line, thence East 475 feet to the West line of the Southeast 1/4 of the Southeast 1/4 of said Section, thence South along the West line of the Southeast 1/4 of the Southeast 1/4 to the South line of Section 32, thence East along the South line of Section 32, Township 89 North, Range 13 West, and Section 33, Township 89 North, Range 13 West, to the centerline of U.S. Highway 63 (Sergeant Rd.), thence Northeasterly along said centerline to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. Except the following areas removed from the Amendment No. 1 area by Amendment No. 4 (2016): Beginning at the point of intersection of the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.) and the West line of the Southeast 1/4 of the Southwest 1/4 of Section 33, Township 89 North, Range 13 West, thence South 89°50'15" East a distance of 432.65', thence South 1°40'30" East to the South line of said Section, thence West along said South line to the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.), thence Northerly and Northeasterly along said Southeasterly right-of-way line to the point of beginning. Also except beginning at a point on the East line of Lot 16 of Kingswood Second Addition that is 250 feet North of the South line of said Lot 16, thence Southerly and Southeasterly along the East line of said Lot 16 and the East line of Lot 6 of South Waterloo Commercial Park to the Easterly most corner of said Lot 6, thence Southwesterly and Westerly along the South line of said Lot 6 to its intersection with the East line of Section 6, Township 88 North, Range 13 West, thence South along the East line of Section 6 to the Northeast corner of the Southeast 1/4 of the Southeast 1/4 of Section 6, thence West along the North line of the Southeast 1/4 of the Southeast 1/4 of Section 6 to the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.), thence Northeasterly along the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.) to the Northerly most corner of Lot 3 of South Waterloo Commercial Park, thence Southeasterly along the Northeasterly line of said Lot 3 and an extension of the Northeasterly line of said Lot 3 to its intersection with the Northwesterly line of Lot 6 of South Waterloo Commercial Park, thence Northeasterly along the Northwesterly line of said Lot 6 and the Northwesterly line of Lot 16 of Kingswood Second Addition to its intersection with a line that is 250 feet North of the South line of said Lot 16, thence East along a line that is 250 feet North of the South line of said Lot 16 to the point of beginning. Also except beginning at the Southerly most corner of Greenbelt Centre Plat No. 6, thence Southwesterly along the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned) to its intersection with the Northeasterly right-of-way line of Greyhound Drive, thence Northwesterly and Northerly along the Northeasterly and Easterly right-of-way line of Greyhound Drive to the Southwest corner of Greenbelt Centre Plat No. 3, thence East along the South line of Greenbelt Centre Plat No. 3 and the South line of Greenbelt Centre Plat No. 5 to the Southeast comer of Greenbelt Centre Plat No. 5, thence South and Southwest along the Westerly and Northwesterly right-of-way line of Titan Trail to the Westerly most corner of 2 Page 237 of 619 Greenbelt Centre Plat No. 2, thence Southeast along the Southwest line of Greenbelt Centre Plat No. 2 to the Northerly most corner of Greenbelt Centre Plat No. 6, thence Southwesterly along the Northwesterly line of Greenbelt Centre Plat No. 6 to the Westerly most corner of Greenbelt Centre Plat No. 6, thence Southeasterly along the Southwesterly line of Greenbelt Centre Plat No. 6 to the point of beginning. Also except beginning at the Southwest corner of the Northeast 1/4 of the Southwest 1/4 of Section 6, Township 88 North, Range 13 West, thence North along the West line of the Northeast 1/4 of the Southwest 1/4 of said Section 6 to the Northwest corner of the Northeast 1/4 of the Southwest 1/4 of said Section 6, thence East along the North line of the Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the Southeast 1/4 of said Section 6 to the Westerly right-of-way line of Greyhound Drive, thence Southerly along the Westerly right-of-way line of Greyhound Drive to its intersection with the South line of the Northwest 1/4 of the Southeast 1/4 of said Section 6, thence West along the South line of the Northwest 1/4 of the Southeast 1/4 and the South line of the Northeast 1/4 of the Southwest 1/4 of said Section 6 to the point of beginning Also except the East % of the Northwest Fractional 1/4 of Section 6, Township 88 North, Range 13 West lying Easterly of the Westerly 440 feet of said Northwest Fractional 1/4 and that part of the Northeast Fractional 1/4 of said Section 6 lying Westerly of the Westerly right-of-way line of Greyhound Drive, but not excepting the portion of the above described area platted as Lot 1 and Tract A of Greenbelt Centre Plat No. 1, and not excepting the portion of the above described area platted as Lot 2 of Greenbelt Centre Plat No 4. Also except Lot 1 of Greenbelt Centre Plat No. 2. Also except Lot 2, Lot 3, and the portion of Lot 1 lying Easterly of the Westerly 150 feet of Lot 1 of Greenbelt Centre Plat No. 3. Also except Lots 1 thru 12 of Greenbelt Centre Plat No. 5. Also except Lot 1 of Deer Creek Plat No. 2. And also except that part of the Southwest 1/4 of the Southeast 1/4 of Section 32, Township 89 North, Range 13 West, described as beginning at the Southeast Corner of said Southwest 1/4 of the Southeast 1/4, thence West 475 feet, thence North 790 feet, thence East 475 feet, thence South 790 feet to the point of beginning And except the following area removed from the Amendment No. 1 area by Amendment No. 7 (2025): The South Two Hundred Fifty (250.00) feet of Lot No. Sixteen (16), Kingswood Second Addition, Waterloo, Black Hawk County, Iowa. Martin Road Development Plan — Amendment No. 2 area (2014) (Martin Road Amendment No. 2 Subarea) (as modified by Amendment No. 4 (2016)) Beginning at the intersection of the North line of the Southeast 1/4 of the Southwest 1/4 of Section 33, Township 89 North, Range 13 West and the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Road); thence Southwesterly along said right-of-way to its intersection with the West line of the Southeast 1/4 of the Southwest 1/4 of said Section 33; thence South 89°50'15" 3 Page 238 of 619 East a distance of 432.65'; thence South 1°40'30" East to the South line of said Section; thence East along said South line to the Southeast corner of the Southeast 1/4 of the Southwest 1/4 of said Section 33; thence North along the East line of said Southeast 1/4 of the Southwest 1/4 of Section 33 to the Northeast corner of the said Southeast 1/4 of the Southwest 1/4 of Section 33; thence West along the North line of said Southeast 1/4 of the Southwest 1/4 of Section 33 to the point of beginning; And also: Beginning at a point on the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned) that is South 35°31'30" West 850.21 feet from a point on said Northwesterly right-of-way line that intersects the North line of the Southwest 1/4 of the Southeast 1/4 of Section 6, Township 88, Range 13; thence South to the centerline of U.S. Highway 20 as presently established; thence Southeasterly along the centerline of U.S. Highway 20 as presently established to its intersection with the East line of Section 7, Township 88 North, Range 13 West; thence Southerly along the East line of said Section 7 to a point that is 745.6 feet South of the Northeast corner of said Section 7; thence West 70.6 feet; thence South 419.6 feet; thence Southerly 265.5 feet along a 407.5' radius curve concave Westerly having a chord bearing South 18°40' West 260.8 feet; thence South 37°20' West 149.5 feet; thence North 52°17.5' West 643.0 feet; thence South 37°42' West 450 feet; thence continuing South 37°42' West to the Southeasterly most corner of the following described parcel; the North 17.06 acres of the South 1/2 of the Northeast 1/4 of Section 7, Township 88 North, Range 13 West located West of road, and except that part of Timberline Patio Homes plat bounded as follows: commencing at a point on the centerline of West 4th Street which is 626.32 feet Southwest of the intersection of said centerline with the East line of said Section 7, thence North 89°30' West 881.76 feet, thence North 37°21'30" East 837.49 feet, thence South 52°38'30" East 710 feet, thence Southwesterly along the centerline of West 4th Street to the point of beginning, and except Highway, and except that part of the Northeast 1/4 of said Section 7 described as follows: beginning at a point on the West line of said Northeast 1/4 which is 1,218 feet South of the Northwest corner of said Northeast 1/4, thence North 78°47'45" East 208.37 feet, thence South 35°6' 15" West 352.10 feet to the West line of said Northeast 1/4, thence Northwest to the point of beginning, and except that part platted as Ekho Ridge Addition; thence Northwesterly along the Southwesterly line of said described parcel to its intersection with the West line of the Northeast 1/4 of said Section 7; thence Southerly along the West line of the Northeast 1/4 of said Section 7 to the center of said Section 7; thence South 89°46'50" West 99.19 feet along the North line of the Southwest 1/4 of said Section 7; thence South 665.54 feet to the Westerly most corner of Lot 3 of Nottingham Heights Addition; thence Westerly along the South line of the North 1/2 of the North 1/2 of the Southwest 1/4 of said Section 7 to the Northeast corner of Lot C-1 of Southland Park Third Addition; thence Southeasterly along the Northeasterly line of said Lot C-1 to the Easterly most corner of said Lot C-1; thence southwesterly along the Southeasterly line of said Lot C-1 and an extension of the Southeasterly line of said Lot C-1 to the centerline of Charm Drive; thence Northwesterly, Westerly, and Southwesterly along the Centerline of Charm Drive to its intersection with a point on the Southwest line of Southland Park 4th Addition; thence Northwesterly and Northeasterly 4 Page 239 of 619 following the Southwesterly lines of Southland Park 4th Addition to the Southerly most corner of Lot C-8 of said addition; thence Northwesterly along the Southwesterly line of said Lot C-8 to the Westerly most corner of said Lot C-8; thence Southwesterly along the Southeasterly right-of- way line of U.S. Highway 63 to the Northerly most corner of the following described parcel: Unplatted Waterloo West, a part of the Southwest 1/4 of Section 7, Township 88 North, Range 13 West, beginning at a point on the West line of said Section 7 which is 1,066.45 feet North of the Southwest corner of said Section 7, thence North 36°2' East 44 feet, thence South 53°58' East 500 feet, thence South 36°2' West 344 feet, thence North 53°58' West 281.77 feet to the West line of said Section 7, thence North 370.98 feet to the point of beginning; thence Southeasterly along the Northeasterly line of said described parcel to the Easterly most corner of said described parcel; thence Southwesterly along the Southeasterly line of said described parcel to the Southerly most corner of said described parcel; thence South 53°58' East a distance of 107.59'; thence South 35°16'20" West a distance of 139.64'; thence Southwesterly in a straight line to a point on the West line of said Section 7 that is 33 feet North of the Southwest corner of said Section 7; thence South 33' to the Southwest corner of said Section 7; thence Westerly along the South line of Section 12 of Township 88 North, Range 14 West to the intersection of the South line of said Section 12 and a line 1,000' Northwesterly of and parallel to the Northwesterly right- of- way line of the Chicago Great Western Railroad (now abandoned); thence Northeasterly 935 feet along said parallel line; thence Southeasterly at a right angle 500 feet; thence Northeasterly at a right angle 878.6 feet; thence Northwesterly at a right angle to the North line of the South 1/2 of the Southeast 1/4 of said Section 12; thence continuing Northwesterly along the last bearing to the intersection with a line 1,000' Northwesterly of and parallel to the Northwesterly right-of- way line of the Chicago Great Western Railroad (now abandoned); thence Northeasterly along said parallel line to its intersection with the Northeasterly right-of-way line of the Cedar Falls Branch Line of the C NW Transportation Co. (now abandoned); thence Northwesterly along said Northeasterly right-of-way line to its intersection with the North line of the Northeast 1/4 of the Southeast 1/4 of Section 12, Township 88 North, Range 14 West; thence East along said North line and the North line of the Northwest 1/4 of the Southwest 1/4 of Section 7, Township 88 North, Range 13 West to its intersection with the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned); thence Northeasterly along said Northwesterly right-of-way line to the centerline of Ranchero Road as presently established; thence Northwesterly and Westerly along said centerline of Ranchero Road to the Southwest corner of Section 6, Township 88 North, Range 13 West; thence Northerly along the West line of said Section 6 to the Northwest corner of the Southwest fractional 1/4 of the Southwest fractional 1/4 of said Section 6; thence North 89°42'54" East a distance of 818.14 feet; thence South 06°19'51" West a distance of 32.15 feet; thence South 77°34'36" East a distance of 835.86 feet; thence Easterly 637.85 feet along a 7,789.65 foot radius curve, concave Southerly, having a chord bearing South 75°14'03" East 637.67 feet; thence South 72°26' 10" East 1005.02' to the point of beginning Except the following area removed from the Amendment No. 2 area by Amendment No. 4 (2016): Beginning at the intersection of the Northeasterly right-of-way line of the Cedar Falls 5 Page 240 of 619 Branch Line of the CNW Transportation Co. (now abandoned) and a line that is 1,000 feet Northwesterly of and parallel to the Northwesterly right-of-way line of the Chicago Great Western Railroad (no abandoned), thence Northwesterly along said Northeasterly right-of-way line of the Cedar Falls Branch Line of the CNW Transportation Co. to its intersection with the North line of the Northeast 'A of the Southeast'/4 of Section 12, Township 88 North, Range 14 West, thence East along said North line to the East line of said Section 12, thence South along the East line of said Section 12 to the Southeast corner of the Northeast'/4 of the Northeast1/4 of the Southeast 1/4 of said Section 12, thence West along the South line of the Northeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of said Section 12 to the Northeasterly right-of-way line of the Cedar Falls Branch Line of the CNE Transportation Co., thence Northwesterly along said Northeasterly right-of-way line to the point of beginning. Martin Road Development Plan — Amendment No. 3 area (2016) (Martin Road Amendment No. 3 Subarea) Parcel "D" according to Plat of Survey filed on 1/28/2015 as Doc. No. 2015-12088, as described as: That part of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1) of Section Thirty- three (33), Township Eighty-nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of aforesaid Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4); thence N01°52'25"W Thirty-three (33.00) feet along the West line of said Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) to the North Right -of -Way line of Ridgeway Avenue; thence N01°53'44"W Six Hundred Twenty-four and Twenty-six Hundredth (624.26) feet still along said West line to the Southeast corner of Parcel "K", Document No. 2003-27008 in the Black Hawk County Recorder's Office; thence N01 °37' 11 "W Six Hundred Sixty-seven and Fifty-two Hundredths (667.52) feet along the East line of said Parcel "K" to the Northwest corner of aforesaid Southwest Quarter (SW1/4) of the Southeast Quarter (SEA), which is also on the South line of Jane Addition; thence N89°14'00"E Two Hundred Ninety-five and Eighty-eight Hundredths (295.88) feet along the South line of said Jane Addition to the Southeast corner of said Jane Addition; thence S01°45'23"E One Thousand Three Hundred Twenty-four and Sixteen Hundredths (1324.16) feet to the South line of aforesaid Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4); thence S89°06'56"W Two Hundred Ninety-five and Eighty-eight Hundredths (295.88) feet along said South line to the point of beginning. Martin Road Development Plan — Amendment No. 5 area (2016) (Martin Road Amendment No. 5 Subarea) Beginning at a point on the East line of Section 32, Township 89 North, Range 13 West that is four hundred twenty (420) feet South of the Northeast corner of the Northeast 1/4 of the Southeast 1% of said Section 32, thence South along said East line to its intersection with the northerly right- of-way line of Martin Road, thence Northeasterly and Easterly along said right-of-way line and 6 Page 241 of 619 an extension thereof to its intersection with the centerline of U.S. Highway 63, thence Southwesterly along said centerline to its intersection with the West line of the Northeast 1/4 of the Southwest 1/4 of Section 33, Township 89 North, Range 13 West, thence North along said West line to its intersection with a line that is 1,789.59 feet North of the South line of said Section 33, thence West along said line that is 1,789.59 feet North of the South line of said Section 33 to its intersection with the East line of Section 32, Township 89 North, Range 13 West, thence South along the East line of said Section 32 to its intersection with an Easterly extension of the North line of Lot 1 of Brock Addition, thence West along an Easterly extension of the North line of said Lot 1 and the North line of said Lot 1 to the Northwest corner of said Lot 1, thence South along the West line of said Lot 1 and a Southerly extension of the West line of said Lot 1 to the South line of said Section 32, thence West along the South line of said Section 32 to the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of Section 32, thence North to the Southwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section 32, thence Northeasterly to a point that is nine hundred ninety (990) feet East of and six hundred seventy five (675) feet North of the Southwest corner of the Northeast 1/4 of the Southeast 1/4 of said Section 32, thence continuing Northeasterly to the point of beginning. Also, beginning at the point of intersection of the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.) and the West line of the Southeast 1/4 of the Southwest 1/4 of Section 33, Township 89 North, Range 13 West, thence South 89°50'15" East a distance of 432.65', thence South 1°40'30" East to the South line of said Section, thence West along said South line to the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.), thence Northerly and Northeasterly along said Southeasterly right-of-way line to the point of beginning Also except beginning at a point on the East line of Lot 16 of Kingswood Second Addition that is 250 feet North of the South line of said Lot 16, thence Southerly and Southeasterly along the East line of said Lot 16 and the East line of Lot 6 of South Waterloo Commercial Park to the Easterly most corner of said Lot 6, thence Southwesterly and Westerly along the South line of said Lot 6 to its intersection with the East line of Section 6, Township 88 North, Range 13 West, thence South along the East line of Section 6 to the Northeast corner of the Southeast 1/4 of the Southeast 1/4 of Section 6, thence West along the North line of the Southeast 1/4 of the Southeast 1/4 of Section 6 to the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.), thence Northeasterly along the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.) to the Northerly most corner of Lot 3 of South Waterloo Commercial Park, thence Southeasterly along the Northeasterly line of said Lot 3 and an extension of the Northeasterly line of said Lot 3 to its intersection with the Northwesterly line of Lot 6 of South Waterloo Commercial Park, thence Northeasterly along the Northwesterly line of said Lot 6 and the Northwesterly line of Lot 16 of Kingswood Second Addition to its intersection with a line that is 250 feet North of the South line of said Lot 16, thence East along a line that is 250 feet North of the South line of said Lot 16 to the point of beginning. Also, beginning at the Southerly most corner of Greenbelt Centre Plat No. 6, thence Southwesterly along the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned) to its intersection with the Northeasterly right-of-way line of Greyhound Drive, 7 Page 242 of 619 thence Northwesterly and Northerly along the Northeasterly and Easterly right-of-way line of Greyhound Drive to the Southwest corner of Greenbelt Centre Plat No. 3, thence East along the South line of Greenbelt Centre Plat No. 3 and the South line of Greenbelt Centre Plat No. 5 to the Southeast comer of Greenbelt Centre Plat No. 5, thence South and Southwest along the Westerly and Northwesterly right-of-way line of Titan Trail to the Westerly most corner of Greenbelt Centre Plat No. 2, thence Southeast along the Southwest line of Greenbelt Centre Plat No. 2 to the Northerly most comer of Greenbelt Centre Plat No. 6, thence Southwesterly along the Northwesterly line of Greenbelt Centre Plat No. 6 to the Westerly most corner of Greenbelt Centre Plat No. 6, thence Southeasterly along the Southwesterly line of Greenbelt Centre Plat No. 6 to the point of beginning. Also, beginning at the Southwest corner of the Northeast 1/4 of the Southwest 1/4 of Section 6, Township 88 North, Range 13 West, thence North along the West line of the Northeast'/4 of the Southwest 3/4 of said Section 6 to the Northwest corner of the Northeast 3/4 of the Southwest 3/4 of said Section 6, thence East along the North line of the Northeast 3/4 of the Southwest 3/4 and the Northwest 1/4 of the Southeast 1/4 of said Section 6 to the Westerly right-of-way line of Greyhound Drive, thence Southerly along the Westerly right-of-way line of Greyhound Drive to its intersection with the South line of the Northwest 1/4 of the Southeast 1/4 of said Section 6, thence West along the South line of the Northwest 1/4 of the Southeast 1/4 and the South line of the Northeast 1/4 of the Southwest 1/4 of said Section 6 to the point of beginning. Also, the East 1/2 of the Northwest Fractional 1/4 of Section 6, Township 88 North, Range 13 West lying Easterly of the Westerly 440 feet of said Northwest Fractional 1/4 and that part of the Northeast Fractional 1/4 of said Section 6 lying Westerly of the Westerly right-of-way line of Greyhound Drive, except the portion of the above described area platted as Lot 1 and Tract A of Greenbelt Centre Plat No. 1, and except the portion of the above described area platted as Lot 2 of Greenbelt Centre Plat No 4. Also, Lot 1 of Greenbelt Centre Plat No. 2. Also, Lot 2, Lot 3, and the portion of Lot 1 lying Easterly of the Westerly 150 feet of Lot 1 of Greenbelt Centre Plat No. 3. Also, Lots 1 thru 12 of Greenbelt Centre Plat No. 5. Also, Lot 1 of Deer Creek Plat No. 2. Also, that part of the Southwest 1/4 of the Southeast 1/4 of Section 32, Township 89 North, Range 13 West, described as beginning at the Southeast Corner of said Southwest 1/4 of the Southeast 1/4, thence West 475 feet, thence North 790 feet, thence East 475 feet, thence South 790 feet to the point of beginning. Martin Road Development Plan — Amendment No. 6 area (2022) (Martin Road Amendment No. 6 Subarea) Beginning at the intersection of the centerline of U.S. Highway 63 and the West line of the Northeast 1/4 of the Southwest 1/4 of Section 33, Township 89 North, Range 13 West, thence North along said West line to its intersection with a line that is 1,789.59 feet North of the South 8 Page 243 of 619 line of said Section 33, thence West along said line that is 1,789.59 feet North of the South line of said Section 33 to its intersection with the East line of Section 32, Township 89 North, Range 13 West, thence South along the East line of said Section 32 to its intersection with an Easterly extension of the North line of Lot 1 of Brock Addition, thence West along an Easterly extension of the North line of said Lot 1 and the North line of said Lot 1 to the Northwest corner of said Lot 1, thence South along the West line of said Lot 1 and a Southerly extension of the West line of said Lot 1 to the South line of said Section 32, thence East along the South line of said Section 32 and the South line of said Section 33 to the centerline of U.S. Highway 63, thence Northeasterly along the centerline of U.S. Highway 63 to the point of beginning. Also, beginning at the intersection of the Northerly right-of-way line of Martin Road and the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned), thence Northeasterly along said Northwesterly right-of-way to the centerline of W 3rd Street, thence East along the centerline of W 3rd Street to its intersection with a Northerly extension of the centerline of Orange Grove Avenue, thence South along said Northerly extension of the centerline of Orange Grove Avenue and the centerline of Orange Grove Avenue to the centerline of Campbell Avenue, thence East along the centerline of Campbell Avenue to the centerline of Fletcher Avenue, thence South and Southeasterly along the centerline of Fletcher Avenue to the centerline of W 4th Street, thence Southwesterly along the centerline of W 4th Street to the centerline of Martin Road, thence West along the centerline of Martin Road to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to its intersection with the Southeasterly right-of-way line of U.S. Highway 63, thence Southwesterly along the Southeasterly right-of-way line of U.S. Highway 63 to its intersection with the East line of the West 75 feet of Lot 23 of Park View Gardens, thence South along said East line to its intersection with the North right-of-way line of Upland Drive, thence West along the North right-of-way line of Upland Drive to its intersection with the Southeasterly right-of-way line of U.S. Highway 63, thence Southwesterly along the Southeasterly right-of-way line of U.S. Highway 63 to its intersection with the Northerly right-of-way line of Martin Road, thence West along the Northerly right-of-way line of Martin Road to the point of beginning. San Marnan Urban Renewal and Redevelopment Plan — original area (1999) (Original San Marnan Subarea) A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R-O-W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County, Iowa; thence S 51 °28' 16" E 9 Page 244 of 619 along the Westerly end of said Tower Park Drive a distance of 60.00 feet; thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34' 11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R-O-W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R-O-W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89°34'11" E a distance of 750.00 feet; thence N 00°26'14" W a distance of 367.24 feet; thence S 89°03'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa is assumed to bear S 00°26'14" E. Note: The above described Original San Marnan Subarea is within the urban renewal plan area, but is no longer within a TIF district. San Marnan Urban Renewal and Redevelopment Plan — Amendment No. 1 area (2004) (San Marnan Amendment No. 1 Subarea) (as modified by Amendment No. 3 (2017), Amendment No. 5 (2019), and Amendment No. 7 (2024)) Beginning at the intersection of the centerlines of W. 4th Street and West San Marnan Drive, thence Easterly along the centerline of West San Marnan Drive to the point where the centerline of Johnathon Street extended would intersect said centerline, thence South and Southeasterly along the extension of the centerline and the centerline of Johnathon Street to the South line of Tower Park Drive, thence Southwesterly along an arc following the Southerly line of Tower Park Drive to the Westerly line of Tract A of Tower Park Addition, thence South 45°26' 14" East a distance of 173.84 feet, to a point on the Southwesterly line of Lot 1 Tower Park Addition, thence following said line of Lot 1 57.3 feet along a 64 foot radius curve, thence South 45°26' 14" East 52 feet to the point of intersection of Lot 1 and Tract A, thence South 54°48' 14" East to the most Southerly corner of Tract A, thence in a straight line to the most Westerly corner of Lot 1 of Tower Park No. 2, thence East along the South line of said Lot 1 and an extension thereof to the centerline of Kimball Avenue, thence South along the centerline of Kimball Avenue to the centerline of U.S. Highway 20, thence Easterly along the centerline of U.S. Highway 20 to its intersection with the East line of the West 3/4 of Section 10 Township 88 Range 13, thence South along the East line of the West 3/4 of said Section 10 to the South line of said Section, thence West along the South line of Section 10 Township 88 Range 13 to the Southwest corner of said Section, thence continuing West along the South line of Section 9 Township 88 Range 13 to the Southwest corner of said Section, thence West 466 feet along the 10 Page 245 of 619 South line of Section 8 Township 88 Range 13, thence North 466 feet, thence East 466 feet to the East line of said Section 8, thence North along the East line of said Section to its intersection with the centerline of U.S. Highway 20, thence Westerly along said centerline to its intersection with the centerline of West 4th Street, thence North along the centerline of West 4th Street to the centerline of San Marnan Drive, said point being the point of beginning, except that part described as follows: A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R-O-W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County, Iowa; thence S 51 °28' 16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet; thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R-O-W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R-O-W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89°34'11" E a distance of 750.00 feet; thence N 00°26'14" W a distance of 367.24 feet; thence S 89°03'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa is assumed to bear S 00°26'14" E. Except the following 5 areas removed from the Amendment No. 1 area by Amendment No. 3 (2017): Area 1: That part of the above described Amendment No. 1 area located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. Area 2: That part of the above described Amendment No. 1 area located in Section 8 of T88 R13, but not excepting that part of said Section 8 described as Beginning at the intersection of the East line of the NE 1/4 of said Section 8 and an Easterly extension of the South line of the parcel of 11 Page 246 of 619 land described in Land Deed Book 543, Page 141, in the Black Hawk County Recorder's Office; thence S89°40'05"W 49.00'; thence continuing S89°40'05"W 188.62'; thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence Northerly along said Easterly right-of- way line and an extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8; thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. Area 3: That part of the above described Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Marnan Drive and the Northerly extension of the West line of the Northeast'/4 of the Northwest'/4 of Section 9, T88 R13; thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20; thence Easterly along said Northerly right-of-way line to the Southwest corner of Lot 1 of Tower Technology Park Plat No. 1; thence Northerly along the Westerly line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said Westerly most line of said Tract A; thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established, to a point that is N89°34'50"W 50.00' from the Southwest corner of Lot 3 of Tower Park No. 5; thence NO°26'00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established; thence Easterly along said Southerly right-of- way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect; thence Northerly along a Southerly extension of said West line, along said West line, and along a Northerly extension of said West line to the centerline of West San Marnan Drive; thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 to the Southwest corner of said Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of- way line to the centerline of West San Marnan Drive; thence Westerly along said centerline of West San Marnan Drive to the Point of Beginning Area 4: That part of the above described Amendment No. 1 area described as: Lot 1, Tract A, and Tract B of Tower Park No. 4. Area 5: That part of the above described Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. 12 Page 247 of 619 And except the following area removed from the Amendment No. 1 area by Amendment No. 5 (2019): All that part of the above described Amendment No. 1 area that is part of Lots 1 thru 24 of Sunnyside South Addition. And except the following area removed from the Amendment No. 1 area by Amendment No. 7 (2024): That part of the Northeast Quarter of Section 9, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, lying Westerly of Johnathan Street and lying Northerly of Tower Park Drive and lying Southerly of Parcel "G" of Plat of Survey Do. #2005-7650. San Marnan Urban Renewal and Redevelopment Plan — Amendment No. 2 area (2009) (San Marnan Amendment No. 2 Subarea) A parcel of land in the Northwest Quarter (NW '/4) of Section 10, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at the intersection of the centerline of Kimball Avenue and the centerline of US Highway 20; thence Easterly along the centerline of US Highway 20 to the intersection of said centerline and the Southerly extension of the Western -most line of Lot 1, Anderson's Addition; thence Northerly along said Western -most line of Lot 1, Anderson's Addition and the extension thereof, to the South line of Lot 1, Anderson's 1st Addition; thence Westerly along the South line of Lot 1, Anderson's 1st Addition and the South end of the Mirage Ridge right of way to the West right of way line of Mirage Ridge; thence North along the West right of way line of Mirage Ridge to the South line of Lot 1, Anderson's Fifth Addition; thence Westerly along the South line of Lot 1, Anderson's Fifth Addition and Lot 1, Anderson's Eighth Addition and the Westerly extension thereof, to the centerline of Kimball Avenue; thence Southerly along the centerline of Kimball Avenue to the centerline of US Highway 20 and the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. San Marnan Urban Renewal and Redevelopment Plan — Amendment No. 4 area (2017) (San Marnan Amendment No. 4 Subarea) (as modified by Amendment No. 7 (2024) and Amendment No. 9 (2025)) That part of the above described Amendment No. 1 area located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. And, That part of the above described Amendment No. 1 area located in Section 8 of T88 R13, except that part of said Section 8 described as Beginning at the intersection of the East line of the NE'/4 of said Section 8 and an Easterly extension of the South line of the parcel of land described in Land Deed Book 543, Page 141, in the Black Hawk County Recorder's Office; thence 13 Page 248 of 619 S89°40'05"W 49.00'; thence continuing S89°40'05"W 188.62'; thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence Northerly along said Easterly right-of-way line and an extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8; thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. And, That part of the above described Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Marnan Drive and the Northerly extension of the West line of the Northeast'/4 of the Northwest'/4 of Section 9, T88 R13; thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20; thence Easterly along said Northerly right-of-way line to the Southwest comer of Lot 1 of Tower Technology Park Plat No. 1; thence Northerly along the Westerly line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said Westerly most line of said Tract A; thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established, to a point that is N89°34'50"W 50.00' from the Southwest corner of Lot 3 of Tower Park No. 5; thence NO°26'00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established; thence Easterly along said Southerly right-of- way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect; thence Northerly along a Southerly extension of said West line, along said West line, and along a Northerly extension of said West line to the centerline of West San Marnan Drive; thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 to the Southwest corner of said Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of- way line to the centerline of West San Marnan Drive; thence Westerly along said centerline of West San Marnan Drive to the Point of Beginning And, That part of the above described Amendment No. 1 area described as: Lot 1, Tract A, and Tract B of Tower Park No. 4. And, 14 Page 249 of 619 That part of the above described Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. And, That part of the Southeast'/4 of the Northeast'/4 of Section 10, T88 R13, lying Southerly of the centerline of US Highway 20, except the North 422 feet of the South 678.5 feet of the East 218.4 feet of said Southeast 1/4 of the Northeast 1/4, and except Parcel A, being part of the Northeast 1/4 of Section 10, T88R13, pursuant to survey filed May 24, 2016 as Document No. 2016-019901, and except Tract B of said Southeast 1/4 of the Northeast'/4, recorded as Land Deed 539, Page 330 in the Black Hawk County Recorder's Office. Except the following area removed from the Amendment No. 4 area by Amendment No. 7 (2024): Lot 8 of San Marnan Business Park First Addition. And except the following area removed from the Amendment No. 4 area by Amendment No. 9 (2025): Lot 9 of San Marnan Business Park First Addition. San Marnan Urban Renewal and Redevelopment Plan — Amendment No. 5 area (2019) (San Marnan Amendment No. 5 Subarea) Beginning at the intersection of the centerlines of West San Marnan Drive and Johnathan Street, thence Northerly along an extension of the centerline of Johnathan Street to the Northerly right- of-way line of West San Marnan Drive as presently established, thence Easterly along the present Northerly right-of-way line of West San Marnan Drive to the centerline of Pheasant Lane, thence Northerly along the centerline of Pheasant Lane to the centerline of Brookeridge Drive, thence Easterly along the centerline of Brookeridge Drive to the centerline of Kimball Avenue, thence Southerly along the centerline of Kimball Avenue to its intersection with the Easterly extension of the North line of Lot 5 of Tower Park, thence Westerly along the Easterly extension of the North line of Lot 5 and the North line of Lot 5 of Tower Park to the Northwesterly corner of said Lot 5, thence Southwesterly along the Northwesterly line of said Lot 5 to the Southwesterly corner of Said Lot 5, thence Northwesterly, Westerly and Northerly along the Southerly and Westerly lines of Lot 4 of Tower Park to the Northwest corner of said Lot 4, thence Westerly to the Northeast corner of Lot 3 of Tower Park, thence NOO°24'22"W 6.98 feet along an extension of the East line of said Lot 3, thence N89°38'05"W 401.08 feet, thence NOO°56'12"E 17.02 feet, thence N89°03'48"W 258.97 feet, thence S00°26' 14"W 20 feet to the Northwest corner of Lot 2 of Tower Park, thence due West to the centerline of Johnathan Street, thence Northerly along the centerline of Johnathan Street to its intersection with the centerline of West San Marnan Drive and the Point of Beginning 15 Page 250 of 619 And, Lot 1 of Anderson's Eighth Addition. San Marnan Urban Renewal and Redevelopment Plan — Amendment No. 6 area (2020) (San Marnan Amendment No. 6 Subarea) Beginning at the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of Section 10, T88N R13W; thence North 33 feet to the Northerly right-of-way line of East Shaulis Road as presently established; thence Easterly along said Northerly right-of-way line of East Shaulis Road to the West line of the Southwest 1/4 of the Southeast 1/4 of Section 11, T88N R13W; thence Northerly along said West line to the North line of said Southwest 1/4 of the Southeast 1/4; thence Easterly along said North line of said Southwest 1/4 of the Southeast 1/4, and the North line of the Southeast 1/4 of the Southeast 1/4 of said Section 11, and an Easterly extension of the North line of said Southeast % of the Southeast 1/4 to the Easterly right-of-way line of Hess Road as presently established in Section 12, T88N R13W; thence Southerly along said Easterly right-of-way line of Hess Road to the Northerly right-of-way line of East Shaulis Road as presently established; thence Westerly along said Northerly right-of-way line of East Shaulis Road to the East line of Section 11, T88N R13W; thence Southerly along the East line of said Section 11 and the East line of Section 14, T88N R13W to the Southerly right-of-way line of East Shaulis Road as presently established; thence Westerly along said Southerly right-of-way line of East Shaulis Road to the West line of the Northeast 1/4 of the Northeast 1/4 of Section 15, T88N R13W; thence Northerly along said West line to the Northwest corner of the Northeast 1/4 of the Northeast 1/4 of said Section 15, said point also being the Southwest corner of the Southeast 1/4 of the Southeast 1/4 of Section 10, T88N R13W, and the Point of Beginning. And, Beginning at the Southwest corner of Section 12, T88N R13W; thence North 55 feet to the Northerly right-of-way line of East Shaulis Road as presently established; thence Easterly along said Northerly right-of-way line of East Shaulis Road and an Easterly extension of said Northerly right-of-way line to the East line of said Section 12; thence Southerly along the East line of said Section 12 and the East line of Section 13, T88N R13W to a point on the East line of said Section 13 that is 600 feet South of the Northeast corner of said Section 13; thence due West to the Southwesterly right-of-way line of East Shaulis Road as presently established; thence Northwesterly along said Southwesterly right-of-way line of East Shaulis Road to the West line of the Northeast 1/4 of the Northeast 1/a of said Section 13; thence Southerly along said West line and the West line of the Southeast 1/4 of the Northeast 1/4 of said Section 13 to the South line of the Northeast 1/4 of said Section 13; thence West along said South line and the South line of the Northwest 1/4 of said Section 13 to the West line of said Section 13; thence North along the West 16 Page 251 of 619 line of said Section 13 to the Northwest corner of said Section 13, said point also being the Southwest corner of Section 12, T88N R13W, and the Point of Beginning. San Marnan Urban Renewal and Redevelopment Plan — Amendment No. 8 area (2024) (San Marnan Amendment No. 8 Subarea) Lot 8 of San Marnan Business Park First Addition. And, That part of the Northeast Quarter of Section 9, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, lying Westerly of Johnathan Street and lying Northerly of Tower Park Drive and lying Southerly of Parcel "G" of Plat of Survey Do. #2005-7650. South Waterloo Unified Urban Renewal and Redevelopment Plan area (2025) (2025 Expansion Subarea) The South Two Hundred Fifty (250.00) feet of Lot No. Sixteen (16), Kingswood Second Addition, Waterloo, Black Hawk County, Iowa. And, Parcel "0" of Plat of Survey filed January 24, 2022, in Doc. No. 2022-00015118, being a part of the Southwest Fractional Quarter of Section 7, Township 88 North, Range 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. And, Lot 9 of San Marnan Business Park First Addition. 17 Page 252 of 619 Attachment C Study of Bonding Capacity as of January 1, 2024 January 1, 2024 Actual Gross Assessed Valuation $5,393,906,602 Legal Bonding Rate 5% Legal Bonding Limit $ 269,695,303 Less Outstanding G.O. & Other Debt ($ 163,286,433) Unused Gross Bonding Capacity $ 106,408,870 Unused gross bonding capacity is 60.54% of the legal limit. Page 253 of 619 Attachment D Project Budget South Waterloo Unifed Urban Renewal and Redevelopment Area Section 1 - former Martin Road Development Plan Area Projects Infi11 of Greyhound Drive area EXPENSES Construction $6,300,000 Architectural & Engineering Fees $420,000 Construction Administration $280,000 TOTAL $7,000,000 FUNDING City (Local Option, GO Bonds) $800,000 City TIF $2,800,000 Federal/State (MPO, RISE) $3,400,000 TOTAL $7,000,000 Infi11 of Lots along Highway 63 and West Ridgeway Avenue EXPENSES Acquisition $1,800,000 Construction $2,000,000 Engineering Fees $240,000 Construction Administration $80,000 TOTAL $4,120,000 FUNDING City (Local Option, G.O. Bonds) $1,000,000 City TIF $1,800,000 Federal/State (MPO, RISE) $1,320,000 TOTAL $4,120,000 Potential environmental work along corridor EXPENSES Assessments $300,000 Cleanup $600,000 Wetland Mitigation $1,500,000 TOTAL $2,400,000 FUNDING City (G.O. Bonds) $400,000 City TIF $1,300,000 Federal/ State (EPA, DNR) $700,000 TOTAL $2,400,000 Prev. Amt. Page 254 of 619 Martin Road Area Sanitary Sewer EXPENSES Construction $1,500,000 Total $1,500,000 FUNDING City TIF $1,500,000 Total $1,500,000 Cedar Valley Crossing Road/Infrastructure EXPENSES Construction $1,200,000 Total $1,200,000 FUNDING City TIF $1,200,000 Total $1,200,000 Kwik Trip Inc Fuel Blending EXPENSES Land Grant $300,000 Total $300,000 FUNDING City TIF $300,000 Total $300,000 Deer Creek EXPENSES Grant (reimbursement) $3,000,000 Rebates $5,542,969 Total $8,542,969 FUNDING City TIF Total $6,342,969 $6,342,969 Cardinal Construction EXPENSES Land Grant $300,000 Rebates $205,000 Total $505,000 FUNDING City TIF Total $505,000 $505,000 Prev. Amt. $800,000 $6,342,969 Page 255 of 619 3 Stooges Martin Road land grant value EXPENSES Prev. Amt. Land Grant $200,000 Rebates $0 Total $200,000 FUNDING City TIF $200,000 Total $200,000 A&S Properties (Amy Wienands) Grant EXPENSES Grant $420,000 Rebates $200,000 Total $620,000 FUNDING City TIF $620,000 Total $620,000 Coordination with IDOT for potential roadway improvements to Highway 63 EXPENSES Construction $1,600,000 Engineering $200,000 Construction Administration $100,000 TOTAL $1,900,000 FUNDING City (Local Option, G.O. Bonds) $950,000 State (RISE) $950,000 TOTAL $1,900,000 Reconstruction of West Ridgeway roadway portion across Black Hawk Creek EXPENSES Acquisition $200,000 Construction $8,000,000 Engineering Fees $300,000 Construction Administration $200,000 TOTAL $8,700,000 FUNDING City (Local Option, G.O. Bonds) $4,350,000 State (RISE) $4,350,000 TOTAL $8,700,000 Page 256 of 619 Traffic signalization improvements at major intersections in Corridor EXPENSES Prev. Amt. Acquisition/purchase $1,200,000 Construction $900,000 Engineering Fees $100,000 Construction Administration $100,000 TOTAL $2,300,000 FUNDING State (RISE) $600,000 City (Local option, G.O. Bonds) $1,300,000 Federal (MPO) $400,000 TOTAL $2,300,000 Acquisition of land throughout corridor for expansion of existing and new business EXPENSES Acquisition/purchase $5,500,000 TOTAL $5,500,000 FUNDING City (G.O. Bonds, TIF funds) $5,500,000 TOTAL $5,500,000 Public Improvements EXPENSES Acquisition $1,200,000 Construction/Demolition 3,700,000 Storm Water Improvements 1,400,000 Engineering fees $200,000 Construction Administration $400,000 TOTAL $6,900,000 FUNDING City (TIF, G.O. Bonds) $6,000,000 Federal/State (grants, RISE, MPO) $900,000 TOTAL $6,900,000 Byrnes Acquatics Facility EXPENSES Construction $9,000,000 Engineering Fees $1,000,000 Total $10,000, 000 FUNDING City (G.O. Bonds) $9,630,000 TIF Funds $370,000 Total $10,000,000 $3,500,000 $3,500,000 $3,500,000 $3,500,000 $400,000 $3,000,000 $1,000,000 $200,000 $4,800,000 $3,900,000 $4,800,000 Page 257 of 619 Other Martin Road Area road and infastructure improvements EXPENSES Prev. Amt. Acquisition $600,000 Construction $2,200,000 Engineering Fees $100,000 Construction Administration $100,000 TOTAL $3,000,000 FUNDING City (Local Option, G.O. Bonds) $2,500,000 State (RISE) $500,000 TOTAL $3,000,000 310 Upland Drive EXPENSES Acquisition $400,000 Demolition $300,000 Redevelopment-Platting/Infastructure $100,000 TOTAL $800,000 FUNDING City (Local Option, G.O. Bonds) $800,000 TOTAL $800,000 Marnie Avenue Area Sunnyside Creek Drainage Improvements EXPENSES Construction $1,000,000 Acquisition $200,000 Engineering and Floodplain Mapping $600,000 TOTAL $1,800,000 FUNDING City (Local Option, G.O. Bonds) $1,800,000 TOTAL $1,800,000 Waterloo Fiber EXPENSES Infrastructure Construction $9,000,000 Planning/Design $1,000,000 TOTAL $10,000,000 FUNDING City (Local Option, G.O. Bonds) $10,000,000 TOTAL $10,000,000 so so so so so $0 so so so so $0 Page 258 of 619 Martin Road Development Area Tax Rebate Projects EXPENSES Pre. Amt. Wilbert $49,881 Country Estates 44,560 Riley $13,496 Senad Disderevic $70,182 JARF $27,410 Mauer $58,426 Social Security Building $175,354 Turnkey PTL $133,280 Turnkey SVW $106,238 AVITA $118,928 Hawkeye Stages $229,626 Three Stooges (Charm Drive) $34,000 BCS Properties $6,000,000 Loves Travel Stop $700,000 Gubbels $200,000 M&K Electric (Charm Drive) $25,000 Warren $1,000,000 Mid Country $122,000 Cedar Crossing Storage $1,100,000 A&K - land grant $175,000 SKS $35,000 Brent Johnson (Freedom truck wash) $330,000 Fusion (3530 Mamie Av) $668,000 PWM LLC Warehouse (3460 MarnieAv) $1,900,000 TOTAL $13,316,381 FUNDING City (G.O. Bonds, TIF funds) $13,316,381 TOTAL $13,316,381 $793,000 $12,209,381 $12,209,381 $12,209,381 Legal, Consulting Fees, and expenses associated with administration and marketing of the urban renewal area EXPENSES Fees $1,000,000 TOTAL $1,000,000 FUNDING City (G.O. Bonds, TIF funds) TOTAL $1,000,000 $1,000,000 Page 259 of 619 TOTAL EXPENSES - FORMER MARTIN ROAD DEVELOPMENT ARE. Prev. Amt. Infill of Greyhound Drive area $7,000,000 Infill of Lots along Highway 63 and West Ridgeway Avenue $4,120,000 Potential environmental work along corridor $2,400,000 Martin Road Area Sanitary Sewer $1,500,000 Cedar Valley Crossing Road/Infrastructure $1,200,000 Kwik Trip Inc Fuel Blending $300,000 Deer Creek $8,542,969 Cardinal Construction $505,000 3 Stooges Martin Road land grant value $200,000 A&S Properties (Amy Wienands) Grant $620,000 Coordination with IDOT for potential roadway improvements to Highway 63 $1,900,000 Reconstruction of West Ridgeway roadway portion across Black Hawk Creek $8,700,000 Traffic signalization improvements at major intersections in Corridor $2,300,000 Acquisition of land throughout corridor for expansion of existing and new business $5,500,000 Public Improvements $6,900,000 Byrnes Acquatics Facility $10,000,000 Other Martin Road Area road and infastructure improvements $3,000,000 310 Upland Drive $800,000 Mamie Avenue Area Sunnyside Creek Drainage Improvements $1,800,000 Waterloo Fiber $10,000,000 Martin Road Development Area Tax Rebate Proi ects $13,316,381 Legal, Consulting Fees, and expenses associated with administration and marketing of the urban renewal area $1,000,000 Former Martin Road Projects Total $91,604,350 $6,342,969 $3,500,000 $4,800,000 so so $12,209,381 $72,397,350 Page 260 of 619 Section 2 - former San Marnan Development Plan Area Projects 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) Project Proposals Proposed Budgets Prev. Amt. Future or Anticipated Acquisition Acquisition $22,000,000 Future or Anticipated Demolition Demolition $3,000,000 Site Improvements, Platting Site Improvements, Platting $2,000,000 Sanitary/Storm Sewer, Water, Road, Rise match Utility/Infrastructure Exp. $12,000,000 Legal Fees, Consulting fees, and related expenses associated with administration and operation of the General Admin Fees $1,300,000 Urban Renewal Area Total $1,300,000 Miscellaneous (certification, environmental) Misc. Expenses $500,000 Total $500,000 Office building (Country Club Addition) Grant $20,000 Rebates $500,000 Total $520,000 Evaluation of traffic patterns through area Construction $1,200,000 Traffic Study $400,000 Right-of-way acquisition $100,000 Total $1,700,000 Reconstruction of Shaulis Road and Shaulis Acquisition $600,000 Road/Dysart Road/Hwy 218 intersection City Property $200,000 Construction $8,250,000 Landscaping, Enh., Trail $100,000 Engineering Fees $750,000 Construction Admn. $100,000 Total $10,000,000 Flood Plain Mapping Engineering Fees $400,000 Total $400,000 Lost World Theme Park Grant $14,000,000 Rebates $3,700,000 Total $17,700,000 VGM Grant $700,000 Rebates $2,100,000 Total $2,800,000 South Waterloo Business Park Buildout Infrastructure $14,000,000 Land Acquisition $6,000,000 Engineering/Design $3,500,000 Total $23,500,000 Van Miller Way Storm Sewer Construction $4,000,000 Land Acquisition $800,000 Engineering Fees $1,000,000 Total $5,800,000 Waterloo Fiber Infrastructure Construction $12,000,000 Planning/Design $1,000,000 Total $13,000,000 Sub Total Former San Marnan Projects I $116,220,000 $8,000,000 $4,000,000 $2,000,000 $14,000,000 $0 $0 $0 $0 $0 $0 $0 $87,920,000 Page 261 of 619 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) Tax Rebate Projects WW Grainger $1,200,000 JJB Fin. Res. Adv. $222,932 Cardinal 10,000 sf (Vets) $468,866 Cardinal Medical PHP $240,000 Hope Martin Anderson $120,000 MFG LLC $282,838 MBAK Kimball Bgeecher $336,278 Borgardt $400,000 Taylor $450,000 Green Acres $504,000 Vandersee Rehab $80,000 Vandersee New Construction $80,000 JSLK Holdings LLC (4031 Bankers Blvd) $456,000 Locke Funeral Home $120,000 SKH Properties (Huff)(Jonathan St) $126,500 Deery Infrastructure Repayment $2,020,040 Jake's Fireworks $47,000 $0 Sub Total Former San Marnan Tax Rebates $7,154,454 Former San Marnan Projects Total $123,374,454 Section 3 - South Waterloo Unified Plan Area Projects 1) 2) Project Proposals Proposed Budgets Land RAP LLC Grant Rebates Total $273,000 $0 $273,000 Charm Drive Infrastructure and Grading Construction $1,100,000 Engineering $400,000 Total $1,500,000 South Waterloo Unified Projects Total $1,773,000 Section 4 - South Waterloo Unified Plan Area and Former Plan Area Total Project Costs Former Martin Road Projects Total $91,604,350 Former San Marnan Projects Total $123,374,454 South Waterloo Unified Projects Total $1,773,000 Grand Total All Projects $216,751,804 Prev. Amt. $95,074,454 Prev. Amt. $0 $0 $0 $0 $0 $0 so $72,397,350 $95,074,454 $0 $167,471,804 Page 262 of 619 Attachment E ACQUISITION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. Appraisers then inspect each property affected by the project and make a written appraisal report. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo, plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about the use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's report will be reviewed by qualified review appraisers for the City of Waterloo. 4. The property owner will then be contacted by an acquisition agent from the City of Waterloo to present the property owner with an "offer to purchase". This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit, a partial payment of the purchase price can also be made available per the terms of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety (90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty (30) days prior to the required vacation date. The thirty (30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. 8. The City acquisition agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). Page 263 of 619 Attachment F RELOCATION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo relocation agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving (based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. If dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program, persons to be displaced may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the City Planner, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of claim application, the City Planner will appoint a review board and notify the applicant when and where a hearing will be held. The review board will recommend a decision on the claim to the City of Waterloo. The Relocation Agent will notify the applicant in writing of the City of Waterloo's decision within one (1) week. Page 264 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution determining the necessity and setting date of public hearing as November 3, 2025, to approve the Amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan for the 2025 Expansion Area, and setting date of consultation with taxing entities as October 17, 2025, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Staff is proposing an amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan to expand the area included int he Plan and TIF District (2025 Expansion Area), as well as to include additional urban renewal projects and to update project and project expenses. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on October 17th. The hearing is getting set for November 3rd. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 265 of 619 ATTACHMENTS 1. Downtown Urban Renewal 2025 Amendment (expansion) Page 266 of 619 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT TO DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. Whereas on December 23, 1974, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 2723 which was amended by Resolution No. 1996-804, adopted December 16, 1996, amended by resolution 2001-394, adopted on August 6, 2001, amended by Resolution No. 2003-225, adopted on April 7, 2003, amended by Resolution No. 2011-1109, adopted December 5, 2011, amended by Resolution No. 2014-966, adopted November 10, 2014, amended by Resolution No. 2015-632, adopted August 10, 2015, and amended by Resolution No. 2017-772, adopted September 18, 2017, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan of the City of Waterloo Iowa (the "Plan"), and one or more other amendments have been made to the Plan to include additional urban renewal projects or for other purposes. B. The City desires to amend the Plan again to enlarge the area included therein and to update related information in the Plan and to add new urban renewal projects (2025 Amendment Area). AMENDMENT NOW THEREFORE, the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, as previously amended, is hereby further amended as follows: 1. Attachments A, B, C and D to the Plan are hereby stricken in their entirety, and the new Attachments A, B, C and D which are attached hereto are substituted in their place so that the Plan shows current map, legal description, information about bonding capacity and updated projects and project budgets. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption Page 267 of 619 of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment G (Planning, Programming & Zoning certification) Attachment H (notice of consultation) Attachment I (resolution adopting this amendment) Attachment J (ordinance adopting amended TIF district) Attachment K (notice of public hearing) 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2025. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 268 of 619 Attachment A DEPICTION OF REVISED DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL AND REDEVELOPMENT PLAN DISTRICT See attached map. Page 269 of 619 ■■11■IIIIII■■IIIII\�IJL�JLJL•�J ■LJLLJ:•�J n�J�•���� ���V� —imm..m nT nT ■■ai ��iu��nnnisl ■11 11■■1 ■■111 �II� Attachment 1'A" - Downtown Development Plan Area Boundary Map with Added Areas ll► Illlll� I. 111111 ■III■11h.\ Ai ig iii milm.m onunn. n U, �Ft--:�m�!J illl■I'n 11111111111 IIIII IIIII 11111111 o \ G p -..nnum 4000G�S�� � a II RIVER RD UNIVERSITY AVE /'�111` i�immios minimum 111111III111111111 11111111 11111111 1111111111111111 11111111 11111111 . : ilInue imam: 11 le �Irllll�� rllllllll IIIII::► - CONGER ST�1111111■ EIllll Added Area _ �II IIIIII IIIIIII �.i ' 11�� IIIIII IIIIIIII I..G 11 imp ■ 1 mom. Er E. I� !IIIR mil' :1 :II11_. Nis E1 lima 1m■IIIIII ■IIIII 111 1■1111.1 IIIIII m.. =ui.n l�` 111■1�_ elm IIIIIIIIIIIIIII —1■ gm r■I IIIIII: 1111m IIIIIIIIIII11U =N =11u :IIIIII= :11■I1111111111' 11111111 IIIIIIIIII 11111111 111917111111 111111 III I' �Illllio El _l : IE 1=1.111 ■1■ sT p ®®® 'i'� FRANKLIN II 9LIET h+ •444t4` ;� tSTJ ®rllllllll • 4,000 Existing District Boundary '_•;�iA� Added Areas ► ., 0�• AN'AlbtrAbl, ci\OAniT MMI '11=m.117M1=16'v^�i_'►WWWW7A�JA a: lll• Attachment "A-1" - Downtown Development Plan Area Boundary Map with Added Areas Zoomed N / Existing District Boundary 280 US Feet Added Areas z / Page 271 of 61b\ Attachment B REVISED DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL AND REDEVELOPMENT PLAN DISTRICT LEGAL DESCRIPTIONS Revised 2025 Existing Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan Areas (including original and all existing amendments) Beginning at the point where the centerline of W. 12" Street, if extended, would intersect the centerline of the Southbound Washington Street as now located (also known as U.S. Highway 218), thence Northeasterly along the extension of the centerline of W. 12' Street, and the centerline of W. 12' Street to the Southerly line of the Cedar River, thence Northwesterly along the Southerly bank of the Cedar River to the centerline of W. 11th Street, thence Northeasterly along the centerline of the 11' Street Bridge and E. 11" Street to the centerline of Sycamore Street, thence Northwesterly along the centerline of Sycamore Street to its intersection with the centerline of E. 7" Street, thence Northeasterly along the centerline of E. 7' Street to the centerline of Franklin Street, thence Northwesterly along the centerline of Franklin Street to the centerline of E. 3rd Street, thence Southwesterly along the centerline of E. 3rd Street to the centerline of Sycamore Street, thence Northwesterly along the centerline of Sycamore Street, and an extension thereof, to the Northerly line of the Cedar River, thence following the Northerly bank of the Cedar River to a point where it would intersect the centerline of Fairview Avenue, if extended Southerly, thence North along the extension of the centerline of Fairview Avenue, and the centerline of Fairview Avenue to the centerline of Conger Street, thence Westerly and Southwesterly along the centerline of Conger Street and W. Conger Street to the centerline of relocated Ansborough Avenue (said point also being the intersection with the centerlines of River Road and Westfield Avenue), thence Westerly along the centerline of relocated Ansborough Avenue to its intersection with the West line of Courier Street, thence South along the West line of Courier Street, and an extension thereof, to the centerline of the Canadian National/Illinois Central Railroad spur line, thence Southwesterly along the centerline of said Railroad to the centerline of West Washington Street (also known as U.S. Highway 218), thence Southeasterly along the centerline of West Washington Street to the centerline of Vaughn Street, thence Northeasterly along the centerline of Vaughn Street to the centerline of Westfield Avenue, thence Southeasterly along the centerline of Westfield Avenue to its intersection with the East bank of Black Hawk Creek, thence Southwesterly along the Easterly bank of Black Hawk Creek to the centerline of southbound Washington Street, thence Easterly and Southeasterly along the centerline of Southbound Washington Street to the centerline of W. 2nd Street, thence Southwesterly along the centerline of W. 2nd Street to the centerline of South Street, thence Southeasterly along the centerline of South Street to the centerline of W. 4' Street, thence Northeasterly along the centerline of W. 4' Street to the centerline of Southbound Washington Street, thence Southeasterly along the centerline of Southbound Washington Street to the point of beginning. Page 272 of 619 Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan Area (2025) (2025 Expansion Subarea) Beginning at the intersection of the centerline of Southbound Washington Street as now located (also known as U.S. Highway 218) and the centerline of W. 4th Street, thence Southwesterly along the centerline of W. 4th Street to a point that would intersect a Northwesterly extension of the Southwest line of the public alley as platted in Block 31 of the Original Plat of Waterloo West of the Cedar River, thence Southeasterly along said Northwesterly extension of the Southwest line of said alley, and Southeasterly along the Southwest line of said alley, and Southeasterly along a Southeasterly extension of the Southwest line of said alley to the centerline of W. 5th Street, thence Northeasterly along the centerline of W. 5th Street to the centerline of Southbound Washington Street, thence Northwesterly along the centerline of Southbound Washington Street to the point of beginning. Page 273 of 619 Attachment C Study of Bonding Capacity as of January 1, 2024 January 1, 2024 actual gross assessed valuation $5,393,906,602 Legal bonding rate 5% Legal bonding limit $ 269,695,303 Less outstanding G.O. debt ($ 163,286,433) Unused gross bonding capacity $ 106,408,870 Unused gross bonding capacity is 60.54% of the legal limit. Page 274 of 619 Project Proposals ATTACHMENT D DOWNTOWN URBAN RENEWAL AND REDEVELOPMENT AREA AMENDMENT 2025 Proposed Budgets Prev. Amt. Cedar River Upper Plaza Mall Acquisition City Property Site Improvements Construction Landscaping & Public Art Architectural Fees Engineering Fees Construction Administration Total $1,501,620 $48,380 $1,800,000 $12,400,000 $200,000 $1,300,000 $700,000 $400,000 $18,350,000 Downtown Pedestrian Riverwalk Loop Project Levee Construction $650,000 River edge/Wall Construction $4,900,000 Bridge Connections $17,000 Total $5,567,000 Wellness and Sports Complex Project Acquisition $2,000,000 City Property $250,000 Site Improvements $3,000,000 Construction $17,500,000 Landscaping & Public Art $150,000 Architectural Fees $2,600,000 Engineering Fees $1,500,000 Construction Administration $1,200,000 Total $28,200,000 Techworks Campus Redevelopment/Hotel Construction, Site Improvements and $77,739,038 Acquisition/Platting $5,000,000 Streetscape Improvements Total $82,739,038 Downtown Parking and Cedar Valley Trolley System Depot District Stop $10,000 Commercial Avenue South Stop $10,000 Agritrade and Expo Stop $10,000 Commercial Avenue North Stop $10,000 Mullan Avenue East Stop $10,000 City Transit Center Stop $10,000 Equipment Purchase Eight Trolley Cars $1,600,000 Total $1,660,000 Public Improvements Wayfinding & Signage $160,000 Commercial Street Reconstruction $782,500 New Street Construction/Bridges $4,000,000 Streetscaping/Lighting $4,440,000 Planning $72,798 Skywalks $2,000,000 Total $11,455,298 Construction - Riverfront Renissance Phase I $3,500,000 Phase II $3,500,000 Phase III $3,500,000 Phase IV $3,500,000 Phase V $3,500,000 Phase VI $3,500,000 Phase VII $3,500,000 Phase VIII $3,500,000 Phase IX $3,500,000 Site Assembly $4,000,000 Site Improvements $2,000,000 UNICUE Downtown Center $1,300,000 Parking $300,000 Plaza $300,000 Retail $1,200,000 Total $40,600,000 Downtown Gateway District Acquisition $3,000,000 Infill Redevelopment $6,000,000 Total $9,000,000 Cedar River Dam Construction $3,500,000 Engineering & Construction & Administration $500,000 Total $4,000,000 Grout Museum Architectural & Engineering $361,718 Construction $5,995,870 Exhibits $2,638,993 Total $8,996,581 Page 275 of 619 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) ElizabethBlake, LLC (2005 Westfield, American Pattern) Grant Rebates Total $221,350 $500,000 $721,350 Endeavors, Ltd (former Johnstone Supply, 321 W 6th St) Acquisition $470,000 Demo $600,000 Rebates $400,000 Total $1,470,000 Bread to Beer, LLC (Singlespeed, former Wonderbread, Acquisition $400,000 325 Commercial) Abatement/environmental $10,000 Grant $780,000 Additional expenses $550,000 Rebates $940,699 Total $2,680,699 Dolly James 2, LLC; Hi Yield, LLC Acquisition $1,040,000 (820-920 Sycamore apartments- six buildings) Demo $330,000 Rebates $809,000 Total $2,179,000 Convention Center/Plaza/Veterans Way - City Bonds $27,000,000 (200 W 4th) Enginering/Architect Fees $1,000,000 Including Skywalks and parking ramps Total $28,000,000 Hotel, 205 W 4th (Makenda LLC) Bonds/TIF Rebates $5,000,000 Hotel/Motel $1,500,000 ED Grant $450,000 Total $6,950,000 Grand Investments, LLC Acquisition $800,000 (Grand Crossing Phase I - 45 W Jefferson) Demo $400,000 Rebates $1,900,000 Total $3,100,000 Dolly James 2,LLC; Hi Yield, LLC Acquisition $120,000 (6COMM, NE corner of 6th & Commercial) Demo $80,000 Rebates $1,300,000 Total $1,500,000 Commercial & Jefferson Streetscape 2019 Design & Construction $1,400,000 Total $1,400,000 Verve/Public Market, 327 W 3rd St Fire Sprinkler System $68,765 Rebates $200,000 Construction (remodel/insulation) $600,000 Total $868,765 Cedar Valley Real Estate (300 Commercial Street) Grant $300,000 Rebates $300,000 Total $600,000 Crystal Distribution Acquisition, 70-90 Sycamore St Property Acquisition $650,000 Demo $600,000 Total $1,250,000 Legal Fees, Consulting Fees, maps, marketing, materials, and related expenses Misc. Fees $700,000 Total $700,000 Property Acquisition Property Acquisition $16,000,000 Total $16,000,000 LSBX Grant $550,000 Rebates $2,200,000 Total $2,750,000 IRD Bond $3,000,000 Total $3,000,000 Art Bloc Land Grant $100,000 Rebates $3,600,000 Total $3,700,000 WCA Parking Lot Construction $3,500,000 Total $3,500,000 Econo Lodge Grant $35,000 Rebates $800,000 Acquisition $1,200,000 Demo $1,000,000 Construction $1,500,000 Total $4,535,000 $200,000 $1,270,000 $160,000 $2,060,699 $450,000 $1,100,000 $1,700,000 $1,800,000 Page 276 of 619 30) 31) 32) 33) 34) 35) 36) 37) 38) 39) 40) 41) 42) 43) 44) 45) 46) Former West Side Courier Building (501-503 Grant $800,000 Commercial St) Demo $0 Construction $300,000 Rebates $2,856,000 Total $3,956,000 Westfield Lot Development Sewer $230,000 Environmental $10,000 Total $240,000 Marina Acquisition $100,000 Grant $550,000 Construction $3,000,000 Rebates $1,300,000 Total $4,950,000 Tech Works Campus Redevelopment/Outlots (Hard Infrastructure $6,000,000 Court Project) Grant $8,000,000 Rebates $2,000,000 Acquisition $2,400,000 Planning/Engineering $300,000 Total $18,700,000 Grand Crossing III Acquisition $0 Rebates $2,500,000 Total $2,500,000 Midwest Pattern 84-180 W 11th St Acquisition $1,000,000 Demolition $40,000 Total $1,040,000 Demolitions (various, such as: 100-114 E 10th St, 105 E Demolition $3,500,000 11th St, 100 E 9th St, 105 E 10th St, 1100 Sycamore St, 817 Bluff St, 321 W 6th St, 70-90 Sycamore St Total $3,500,000 JSA 704-706 Jefferson St Grant $230,000 Rebates $248,000 Construction $3,000,000 Total $3,478,000 Cedar River Whitewater Course Local Funds $7,200,000 Grant $5,600,000 Design/Engineering $1,200,000 Total $14,000,000 Bridge Lighting Local Funds $2,000,000 Design/Engineering $600,000 Grant/Other Funds $2,200,000 Total $4,800,000 HAA LLC, 319 Jefferson St Grant $150,000 Rebates $114,000 Total $264,000 JSA Development, 716 Commercial St Grant $120,000 Rebates $124,000 Total $244,000 Waterloo Center for the Arts/Waterloo Children's Acquisition $1,400,000 Playhouse Demolition $200,000 Construction $8,000,000 Total $9,600,000 Former East Side Courier Building (100 E 4th St) Acquisition $6,500,000 Demolition $0 Construction $9,000,000 Total $15,500,000 Martin Flats (319-321 E 4th St) Grant $199,000 Rebates $196,000 Land Value $20,000 Total $415,000 Waterloo Fiber Planning/Design $8,000,000 Infrastructure Construction $1,000,000 Total $9,000,000 Grant Rebates Land Value Total $0 Sub Total $371,659,731 $545,000 $3,701,000 $6,800,000 $17, 500, 000 $4,500,000 $11,000,000 $0 $0 $0 $353,834,731 Page 277 of 619 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) Tax Rebate Projects Fischels Holdings, LLC (1118 Jefferson St) $50,000 Court Square Building CO (620 Lafayette) $10,000 Hotel President Partners LP (500 Sycamore) $200,000 3 Stooges, LLC (1116-1118 Commercial) $41,220 Grand Crossing II (21 W Jefferson) $1,100,000 Park Avenue Lofts, LLC (Masonic Temple, 325 E Park) $125,000 Upper Plaza (335 Cedar Street) $1,400,000 JSA Master Development Agreement $1,000,000 5th Street Tire (Goodyear, 500 W 5th St) $210,000 Sub Total Tax Rebates $4,136,220 TOTAL $375,795,951 $0 $3,926,220 $357,760,951 Page 278 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution determining the necessity and setting date of public hearing as November 3, 2025, to approve the Baltimore Fields Urban Renewal Plan, and setting date of consultation with taxing entities as October 17, 2025, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION This Plan creates a new Baltimore Fields Urban Renewal Plan and TIF District, an Economic Development Area that is appropriate for the provision of public improvements related to housing and residential development consistent with Iowa Code Section 403.22 (a Residential TIF). It is located south of the intersection of Hawthorne Avenue and Denver Street. The goals and objectives of the Plan are in conformity with the City of Waterloo's Comprehensive Plan and the land use policy and priorities that were adopted as part of the planning process. The objectives are to promote new housing and residential development, and promote the general economic development of the City. The City realizes that the availability of housing is an important component of attracting new business and industry, responding to new development, and retaining existing businesses. In anticipation of expected economic development, the City is determined to support the creation of new housing opportunities, including increasing the number of lots available for the construction of new homes. Providing incentives to developers eases the cost of extending necessary infrastructure and other factors that can make residential development more risky and less affordable. A percentage of any incremental value generated by the project (currently 48.60%) must be used to provide assistance to LMI families. LMI families are those whose incomes do not exceed 80% of the median Black Hawk County income. Per State Code, a Residential TIF is limited to 10 years of incremental property tax revenues. Adoption of a new TIF Plan requires a consultation with taxing entities, which will be held on October 17th. The hearing is getting set for November 3rd. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 279 of 619 SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Elev8te Housing Policies 2025 2. Baltimore Fields Urban Renewal and TIF Plan Page 280 of 619 Elev8te Housing Policies 2025 1. Sale of City Residential Property Policy a. The overall Sale of Property Policy stays same for all City Property (2019). ➢ lnfill Site — public or private lot within a subdivision that is at least 20 years old and over 60% of the subdivision has been built upon. ➢ For larger infill sites (i.e. Baltimore Field) staff will determine the eligibility of areas as infill if they require additional platting. ➢ lnfill Site incentives may apply to any City -owned lots for residential construction. Note — all land will be sold through Development Agreements to state timeline for construction, design for construction, and note incentives by City, either TIF, ARPA, Nuisance Bonds, or Urban Revitalization (CURA or CLURA) or a combination of the incentives, to gain positive new housing units for the City of Waterloo. This process is for residential development of lnfill Sites. Commercial/Industrial redevelopment of infill lots or sales will follow the Economic Development Policy Plan for the City of Waterloo. 2. Housing Construction/Rehabilitation a. City acquired housing units will be sent through Request for Proposal process to determine interest in rehabilitation of structures by any private parties. b. City reserves the right to work directly with a proven developer in targeted areas to strengthen their ability to work in area (i.e. Habitat in Walnut) v. the RFP process. This will also work to help move faster for some rehabilitations, as well as plan ahead for larger redevelopment strategies for neighborhoods as a whole. All sales require a hearing, so other parties have the right to come and state their interest. c. Privately acquired Infill Housing sites may apply for incentives as long as site meets criteria as an lnfill Site. d. Privately acquired housing projects for rehabilitation may request city assistance for incentives for projects on a case -by -case basis. (See 48 for factors to consider). e. City -built homes, if applicable, would be sold through a standard sales realtor, or through a partnership if needed, similar to how City partnered with Hawkeye Community College in past. 3. Acquisitions for Housing a. The City will work with residential housing partners for the acquisition of homes for demolition or rehabilitation i. The City will use 657A when possible ii. The City will specifically work in Targeted Areas to help towards long-term planning for neighborhood revitalizations iii. The City may work throughout the community for select housing sites for new development, prioritizing abandoned and deteriorating structures, as well as those needing a higher and better land use 4. Will Sites incentives — a. New construction on eligible lnfill Sites i. $5,000 per unit created upon Certificate of Occupancy ii. $7,500 per unit in Targeted Areas b. Rehabilitation on eligible lnfill Sites i. $5,000 per unit on a case -by -case basis ii. $7,500 per unit in Targeted Areas, on a case -by -case basis The City Council will review all requests for assistance for rehabilitation. Key determining factors: ➢ If the site is in a Targeted Area — is the project rehabilitation in accordance with the larger planning efforts for neighborhood revitalization ➢ If the site is not in a Targeted Area o is the site worthy of 657A action o has it been abandoned o has it been vacant for an extended period of time o is it in deteriorating condition o is it better for demolition o owner /history of deterioration of structure c. New Infrastructure construction incentives i. The City has the ability to establish an Urban Renewal District (TIF District) over a site if needing to partner with a developer for a new subdivision type layout, whether on an lnfill Site or greenfield site. ii. The City would establish such subdivisions with State Code regulations for timeline, and types of development to occur on -site or off -site or both, in regards to low to moderate income housing requirements. iii. Said goal would be to match incentives offered by abutting and adjacent communities for paying back 50% of infrastructure costs for the new roads, sewers, water, etc. within a 10-year timeline. iv. If an lnfill Site would receive TIF incentives as noted for infrastructure, housing on the site would not be eligible for CURA or CLURA tax abatement incentives. Page 281 of 619 v. If an Infill Site would receive TIF incentives as noted for infrastructure, housing on the site would not be eligible for $5,000 or $7,500 per home infill incentive unless sold, and funding going to the new homeowner. d. Funding Sources for Infill Site and overall Residential Development objectives i. TIF funds — if the site is in an eligible TIF area, that has housing as a goal, said funds could be used ii. Bonds — the City has bonds for nuisance abatement and housing improvements annually, and said funds could be used city-wide iii. ARPA funds — the City has dedicated $2,041,277 in ARPA funds for housing projects including acquisitions, demolitions, infrastructure, inspections, as well as new construction and rehabilitations. 5. Targeted Areas — a. The City will work to establish Targeted Areas for concentration of needed new housing to help strengthen existing neighborhoods. b. Initial Target Areas i. Walnut Historic Neighborhood ii. Church Row Neighborhood iii. West Central Neighborhood iv. We Care Neighborhood v. City View Neighborhood vi. Maywood Neighborhood Page 282 of 619 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. BALTIMORE FIELDS URBAN RENEWAL PLAN (2025) Page 283 of 619 TABLE OF CONTENTS Introduction and Background 1 District Designation 1 Description 1 Base Values 1 Development Plan 1 Project Area Objectives 2 Type of Renewal Activities 3 Proposed Urban Renewal Projects 4 Financial Data 5 Special Financing 5 Property Acquisition/Disposition 6 Relocation 6 Property Within Urban Revitalization Area 6 State and Local Requirements 6 Severability 6 Urban Renewal Plan Amendments 7 Effective Period 7 Attachments A. Boundary Map B. Urban Renewal Area Legal Description C. Study of Bonding Capacity D. Project Proposals and Budgets E. Acquisition Checklist F. Relocation Checklist G. Planning, Programming & Zoning Certification H. Notification to Taxing Entities, and Record of Consultation I. Resolution Adopting Plan J. Ordinance Adopting TIF District K. Notice of Public Hearing i Page 284 of 619 BALTIMORE FIELDS URBAN RENEWAL PLAN CITY OF WATERLOO, IOWA INTRODUCTION AND BACKGROUND The Baltimore Fields Urban Renewal Plan ("Plan" or "Urban Renewal Plan") has been developed to help promote economic development in the City of Waterloo, Iowa ("City). The primary goal of the Plan is to stimulate, through public involvement and commitment, private investment in new housing and residential development. In order to achieve these objectives, the City of Waterloo shall undertake the urban renewal actions specified in this Plan, pursuant to the powers granted to it under Chapter 403 of the Iowa Code, Urban Renewal Law, and Chapter 15A of the Iowa Code. DISTRICT DESIGNATION With the adoption of this Plan, the City designates this Urban Renewal Area ("Area") as an economic development area that is appropriate for the provision of public improvements related to housing and residential development consistent with Iowa Code Section 403.22. DESCRIPTION The description of the Area is illustrated in Attachment A, and legally described in Attachment B. The property included in the Urban Renewal Area has never previously been subject to the division of revenue under Iowa Code Section 403.19 as a residential project. BASE VALUES With the adoption of this Plan and Urban Renewal Area, a Tax Increment Financing (TIF) ordinance is adopted to establish a TIF district in the Area, and debt related to the Area will be certified to the County Auditor, creating the frozen "base value" that will be the assessed value of the taxable property within the area covered by the TIF ordinance as of January 1 of the calendar year preceding the calendar year in which the City first certifies the amount of any debt related to the Area, in accordance with Iowa Code Section 403.19. DEVELOPMENT PLAN The goals and objectives of the Plan are in conformity with the City of Waterloo's Comprehensive Plan and the land use policy and priorities that were adopted as part of the planning process. Both the Plan and the Comprehensive Plan strive to maintain the City's role as a regional center of commerce and industry, assure land uses which will strengthen and complement existing appropriate land use relationships within the surrounding community, encourage sound growth and investment in the area, increase employment in the area by encouraging economic development, and provide economic incentives that may increase housing opportunities within the City. The need for improved traffic, public transportation, public utilities, recreational and community facilities, or other public improvements within the Urban 1 Page 285 of 619 Renewal Area is set forth in this Plan. As the Area develops, the need for public infrastructure extensions and upgrades will be evaluated and planned for by the City. The Plan does not in any way replace or modify the City's current land use planning or zoning regulation process. PROJECT AREA OBJECTIVES The City's objectives for the Urban Renewal Area are to promote new housing and residential development, and promote the general economic development of the City. The City realizes that the availability of housing is an important component of attracting new business and industry, responding to new development, and retaining existing businesses. In anticipation of expected economic development, the City is determined to support the creation of new housing opportunities, including increasing the number of lots available for the construction of new houses. Providing incentives to developers eases the cost of extending necessary infrastructure and other factors that can make residential development more risky and less affordable. When a city utilizes tax increment financing to support residential development, a percentage of the incremental revenues (or other revenues) generated by the project (not to exceed the project costs reimbursed with incremental revenues which are limited to reimbursement of "public improvement" costs as defined by Iowa law) must be used to provide assistance to LMI families. LMI families are those whose incomes do not exceed 80% of the median Black Hawk County income. Unless a reduction is approved by the Iowa Economic Development Authority, the percentage of incremental revenues used to provide LMI assistance must be at least equal to the percentage of LMI families living in Black Hawk County. That percentage is currently 48.60%. The requirement to provide assistance for LMI housing may be met by one, or a combination, of the following options: 1. Providing that at least 48.60% of the units constructed in the Urban Renewal Area are occupied by residents and/or families whose incomes are at or below 80% of the median county income; 2. Setting aside an amount at least 48.60% of the reimbursed project costs for LMI housing activities anywhere in the City; and 3. Ensuring that 48.60% of the houses constructed within the Area are priced at amounts affordable to LMI families. If funds are set aside, as opposed to constructing a sufficient percentage of LMI housing in the Area, the assistance for low and moderate income family housing may be provided anywhere within the City. The type of assistance provided must benefit LMI residents and/or families and include, but is not limited to: 1. Construction of LMI affordable housing. 2 Page 286 of 619 2. Owner/renter-occupied housing rehabilitation for LMI residents and/or families. 3. Grants, credits or other direct assistance for LMI residents and/or families. 4. Homeownership assistance for LMI residents and/or families. 5. Tenant -based rental assistance for LMI residents and/or families. 6. Down payment assistance for LMI residents and/or families. 7. Mortgage interest buy -down assistance for LMI residents and/or families. 8. Under appropriate circumstances, the construction of public improvements that benefit LMI residents and/or families. Renewal activities are designed to provide opportunities, incentives, and sites for new residential development within the Urban Renewal Area. More specific objectives for the development, redevelopment and rehabilitation with the Urban Renewal Area are as follows: 1. To increase the availability of housing opportunities, which may in turn attract and retain local industries and commercial enterprises that will strengthen and revitalize the economy of the State of Iowa and the City of Waterloo. 2. To stimulate, through public action and commitment, private investment in new housing and residential development. 3. To plan for and provide sufficient land for residential development in a manner that is efficient from the standpoint of providing municipal services. 4. To help finance the cost of constructing street, water, sanitary sewer, storm water drainage, public utilities, street lighting, and other public improvements in support of new housing development. 5. To provide a more marketable and attractive investment climate. 6. To improve the housing conditions and housing opportunities, including for LMI income residents and/or families. 7. To achieve a diversified, well-balanced economy, providing a desirable standard of living, creating diversified housing opportunities, creating job opportunities, and strengthening the tax base. TYPE OF RENEWAL ACTIVITIES To meet the objectives of this Urban Renewal Plan and to encourage the development of the Area, the City intends to utilize the powers conferred under Iowa Code Chapter 403 and Chapter 15A, as follows: 1. To undertake and carry out urban renewal projects through the execution of contracts and other instruments. 2. To acquire land through a variety of means (purchase, lease, option, etc.) and to provide for the construction of specific site improvements such as grading and site preparation activities, access roads, utility connections, and related activities. 3. To arrange for or cause to be provided the construction or repair of public infrastructure, including but not limited to, streets, curbs and gutters, water infrastructure, storm sewer infrastructure, sanitary sewer infrastructure, public utilities, sidewalks, street lights, public parks and open spaces, bike trails, landscaping or other related facilities, enhancements, and activities in connection with urban renewal projects. 3 Page 287 of 619 4. To make loans, forgivable loans, tax rebate payments or other types of economic development grants or incentives to private persons or businesses for economic development purposes on such terms as may be determined by the City Council. 5. To use tax increment financing to facilitate urban renewal projects, including, but not limited to, financing to achieve a more marketable and competitive land offering price and to provide for necessary physical improvements and infrastructure. 6. To borrow money and to provide security therefor. 7. To make or have made surveys and plans necessary for the implementation of the urban renewal program or specific urban renewal projects. 8. To acquire property through a variety of means (purchase, lease, option, etc.) and to hold, clear or prepare the property for redevelopment, or to dispose of property. 9. To undertake the demolition and clearance of existing development. 10. To use tax increment to provide LMI housing assistance. 11. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions for the City of Waterloo and the State of Iowa. PROPOSED URBAN RENEWAL PROJECTS 1. Certain urban renewal activities will continue over a period of years, such as the construction of public infrastructure and incentives to encourage increased employment and taxable value. The City may continue providing direct or indirect financial assistance to private persons or businesses as an incentive to develop new housing or residential development in the Area. 2. Future land acquisition, as may be necessary, to further the economic development needs of the City. 3. The City has or will enter into a development agreement with Baltimore Fields LLC (or a related entity) (the "Developer") for Developer's construction of public infrastructure improvements and private housing units on land within the Urban Renewal Area. As part of the project, the Developer would be required to complete certain infrastructure improvements needed to prepare the property for the development of housing units and cause the construction of at least eighteen (18) housing units. The infrastructure improvements constructed by the Developer would be dedicated to the City following completion, at no cost to the City. These improvements are expected to include the construction and installation of sidewalk ramps at street intersections, sidewalks adjacent to stormwater detention facilities, sidewalks adjacent to parks or other green spaces, streets, sanitary sewer, storm sewer, stormwater detention, water infrastructure, and erosion control measures to serve the residential development with the Urban Renewal Area, for a total cost of approximately $1,194,485. Construction of the public infrastructure improvements is anticipated to be completed by March 2026. The development agreement would also provide detailed terms and conditions under which the City may make annual Economic Development Grant payments to the Developer in the amount of 50% of the Tax Increment generated by construction of the housing units on the residential lots in the Area remaining each year. The Economic Development Grants would terminate upon the earliest of the following: i) ten (10) annual grants have been paid to Developer; (ii) the City's ability to collect tax increment from the Urban Renewal Area has expired: (iii) the maximum aggregate amount of grants have been paid to Developer; or (iv) the Developer's right to receive grants derived from the housing 4 Page 288 of 619 units in the Area under the agreement is terminated. The total amount of the Economic Development Grant payments shall not exceed the lesser of $572,243 or 50% of the actual costs incurred by the Developer in constructing the infrastructure improvements in the Area. 4. Pay all legal fees, consulting fees and related expenses associated with administration and operation of the Plan. FINANCIAL DATA For updated information about unused bonding capacity for the City of Waterloo, see Attachment C. Proposed amount of loans, advances, indebtedness or bonds to be incurred: A specific amount of debt to be incurred for the proposed urban renewal projects has not yet been determined The projects authorized in this Plan are only proposed projects at this time. The City Council will consider each project proposal on a case -by -case basis to determine if it is consistent with the Plan and in the public's best interest to participate in the project. These projects, if approved, will commence and be concluded over a number of years. In no event will debt be incurred that would exceed the City's debt capacity. It is further expected that such indebtedness, including interest on the same, will be financed in whole or in part with tax increment revenues from the Urban Renewal Area. Subject to the foregoing, it is estimated that the cost of the proposed urban renewal projects as described above will be approximately $1,000,000 to $1,500,000. SPECIAL FINANCING To meet the objectives of this Urban Renewal Plan and to encourage private investment in and the development of the Urban Renewal Area, the City may determine to provide financial assistance to qualified private businesses through the making of loans, rebates or grants under all applicable provisions of the Iowa Code, including but not limited to Chapters 15 and 15A, and through the use of tax increment financing under Chapter 403. 1. Loans, Rebates or Grants. The making of loans or grants of public funds to private businesses within the Urban Renewal Area may be deemed necessary or appropriate for economic development purposes and to aid in the planning, undertaking and carrying out of urban renewal activities authorized under this Urban Renewal Plan and the Code of Iowa. Accordingly, in furtherance of the objectives of this Urban Renewal Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or such other obligations or loan agreements for the purpose of making loans or economic development grants of public funds to private businesses located in the Urban Renewal Area. Alternatively, the City may determine to use available funds for making such loans or grants with the intention to reimburse those funds with incremental taxes when or if available. 2. Tax Increment Financing. The City may utilize tax increment financing as a means to help pay for the costs associated with acquisition and the development of the Urban 5 Page 289 of 619 Renewal Area. General obligation bonds, tax increment revenue bonds, internal loans or such other obligations or loan agreements may be issued by the City. The City may elect to secure obligations or abate some or all of the debt service on bonds issued for the following costs with incremental taxes from the area (if and to the extent incurred by the City): a. Constructing public improvements, such as streets, sanitary sewers, storm sewers, water mains or other facilities. b. Making loans or grants to private businesses, including debt service payments on any bonds or notes issued to finance such loans or grants. c. Providing the local matching share of state or federal grant and loan programs. d. Other authorized urban renewal projects, including those described in Attachment D. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or any other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan. PROPERTY ACQUISITION/DISPOSITION The City may finance or assist with financing the cost of land acquisitions in the Urban Renewal Area. The City will follow applicable legal proceedings and procedures for the acquisition and disposition of property (see Attachment E). RELOCATION The City does not expect there to be any relocation required of residents or businesses as part of the proposed urban renewal projects; however, if any relocation is necessary, the City will follow all applicable relocation requirements (see Attachment F). PROPERTY WITHIN URBAN REVITALIZATION AREA The Urban Renewal Area is located within an urban revitalization area as provided in Chapter 404 of the Code of Iowa. No tax abatement incentives in connection with the urban revitalization area will be allowed for development that occurs in the Urban Renewal Area unless expressly authorized by the City Council. STATE AND LOCAL REQUIREMENTS All provisions necessary to conform to state and local laws will be complied with by the City and/or the developer in implementing this Urban Renewal Plan and its supporting documents, objectives and renewal activities. SEVERABILITY In the event one or more provisions contained in the Urban Renewal Plan, as amended, shall be held for any reason to be invalid, illegal, unauthorized or unenforceable in any respect, such invalidity, illegality, unauthorization or enforceability shall not affect any other provision of this 6 Page 290 of 619 Urban Renewal Plan, and this Urban Renewal Plan shall be construed and implemented as if such provisions had never been contained herein. URBAN RENEWAL PLAN AMENDMENTS This Urban Renewal Plan may be amended from time to time for a number of reasons, including but not limited to change in the area, to add or change land use controls and regulations, to modify goals or types of renewal activities, or to amend property acquisition and disposition provisions. The City Council may amend this Plan pursuant to appropriate procedures under Iowa Code Chapter 403. EFFECTIVE PERIOD This Plan will become effective upon its adoption by the City Council and will remain in effect until it is repealed by the City Council. With respect to property included within the Urban Renewal Area, which is also included in an ordinance which designates that property as a tax increment district (TIF district) and is designated based on an economic development finding, to provide or to assist in the provision of public improvements related to housing and residential development, the use of incremental property tax revenues or the "division of revenue," as those words are used in Chapter 403 of the Iowa Code, is limited to ten (10) years beginning with the second fiscal year following the year in which the City first certifies to the County Auditor the amount of any loans, advances, indebtedness, or bonds which qualify for payment from the incremental property tax revenues attributable to that property within the Urban Renewal Area. At all times, the use of tax increment financing revenues (including the amount of loans, advances, indebtedness, or bonds which qualify for payment from the division of revenue provided in Section 403.19 of the Iowa Code) by the City for activities carried out under the Urban Renewal Area shall be limited as deemed appropriate by the City Council and consistent with all applicable provisions of law. 7 Page 291 of 619 Attachment A DEPICTION OF BALTIMORE FIELDS URBAN RENEWAL AREA See attached map. Page 292 of 619 Attachment "A" - Baltimore Fields Urban Renewal Area Boundary Map HAWTHORNE AVE R I CO 0 1- 0 z LBYRONAVE -PALMER DR PARK•VIEW BLVD FRANCES DR MIRIAM DR CC O HAWTHORNE AVE BALTIMORE ST- VERMONT ST CAROLINA AVE EUREKA ST BYRON AVE 0 1- CC 0 175 BALTIMORE ST EUREKA ST HAWTHORNE AVE 350 700 US Fee BYRON AVE Proposed District Boundary Attachment B URBAN RENEWAL AREA LEGAL DESCRIPTIONS Baltimore Fields Urban Renewal Area Lot No. 5, except the East 156 feet thereof and except those parts deeded to the City of Waterloo, Iowa in T.L.D. Book 151 Page 562 and T.L.D. Book 272 at page 391, in Auditor Francis' Reitzel Plat; and the Northerly Half of that part of Byron Avenue in the City of Waterloo, Iowa, lying East of a Northerly extension of the West line of Lot No. 1 in Orlo C. Miller Addition, and West of a line that is 156 feet West of the West line of Baltimore Street, all in the City of Waterloo, Black Hawk County, State of Iowa, excluding thereof the area platted as Hawthorne Estates First Addition. And Orlo C. Miller Addition, all of Lot 1 except the West 30 feet, Lot 2, and all that part of the Southerly one-half of Byron Avenue in the City of Waterloo, Iowa, lying East of a Northerly extension of the West line of Lot No. 1 in Orlo C. Miller Addition, and West of a line that is 156 feet West of the West line of Baltimore Street. Also, all that part of Denver Street in the City of Waterloo, Iowa, lying South of the South line of Byron Avenue and North of the North line of Eureka Street, all in the City of Waterloo, Black Hawk County, Iowa, excluding thereof the area platted as Baltimore Field First Addition. And All that part of Hawthorne Avenue as it presently exists lying East of a Northerly extension of the East line of Hawthorne Estates First Addition, and West of a line that is 156 feet West of the West line of Baltimore Street, City of Waterloo, Black Hawk County, Iowa. And All that part of Eureka Street as it presently exists lying East of a Southerly extension of the East line of Baltimore Field 1st Addition, and West of a line that is 156 feet West of the West line of Baltimore Street, City of Waterloo, Black Hawk County, Iowa. Page 294 of 619 Attachment C Study of Bonding Capacity as of January 1, 2024 January 1, 2024 Actual Gross Assessed Valuation $5,393,906,602 Legal Bonding Rate 5% Legal Bonding Limit $ 269,695,303 Less Outstanding G.O. Debt ($ 163,286,433) Unused Gross Bonding Capacity $ 106,408,870 Unused gross bonding capacity is 60.54% of the legal limit. Page 295 of 619 Attachment D RESERVED Page 296 of 619 Attachment E ACQUISITION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. Appraisers then inspect each property affected by the project and make a written appraisal report. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo, plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about the use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's report will be reviewed by qualified review appraisers for the City of Waterloo. 4. The property owner will then be contacted by an acquisition agent from the City of Waterloo to present the property owner with an "offer to purchase". This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit, a partial payment of the purchase price can also be made available per the terms of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety (90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty (30) days prior to the required vacation date. The thirty (30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. 8. The City acquisition agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). Page 297 of 619 Attachment F RELOCATION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo relocation agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving (based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. If dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program, persons to be displaced may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the City Planner, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of claim application, the City Planner will appoint a review board and notify the applicant when and where a hearing will be held. The review board will recommend a decision on the claim to the City of Waterloo. The Relocation Agent will notify the applicant in writing of the City of Waterloo's decision within one (1) week. Page 298 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution determining the necessity and setting date of public hearing as November 3, 2025, to approve the Highland Meadows Urban Renewal Plan, and setting date of consultation with taxing entities as October 17, 2025, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION This Plan creates a new Highland Meadows Urban Renewal Plan and TIF District, an Economic Development Area that is appropriate for the provision of public improvements related to housing and residential development consistent with Iowa Code Section 403.22 (a Residential TIF). It is located at the former Orange School site, at the southwest corner of the intersection of West Orange Road and Kimball Avenue. The goals and objectives of the Plan are in conformity with the City of Waterloo's Comprehensive Plan and the land use policy and priorities that were adopted as part of the planning process. The objectives are to promote new housing and residential development, and promote the general economic development of the City. The City realizes that the availability of housing is an important component of attracting new business and industry, responding to new development, and retaining existing businesses. In anticipation of expected economic development, the City is determined to support the creation of new housing opportunities, including increasing the number of lots available for the construction of new homes. Providing incentives to developers eases the cost of extending necessary infrastructure and other factors that can make residential development more risky and less affordable. A percentage of any incremental value generated by the project (currently 48.60%) must be used to provide assistance to LMI families. LMI families are those whose incomes do not exceed 80% of the median Black Hawk County income. Per State Code, a Residential TIF is limited to 10 years of incremental property tax revenues. Adoption of a new TIF Plan requires a consultation with taxing entities, which will be held on October 17th. The hearing is getting set for November 3rd. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 299 of 619 SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Highland Meadows TIF Plan 2025 (draft 09-24-25) 2. Elev8te Housing Policies 2025 Page 300 of 619 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. HIGHLAND MEADOWS URBAN RENEWAL PLAN (2025) Page 301 of 619 TABLE OF CONTENTS Introduction and Background 1 District Designation 1 Description 1 Base Values 1 Development Plan 1 Project Area Objectives 2 Type of Renewal Activities 3 Proposed Urban Renewal Projects 4 Financial Data 5 Special Financing 5 Property Acquisition/Disposition 6 Relocation 6 Property Within Urban Revitalization Area 7 State and Local Requirements 7 Severability 7 Urban Renewal Plan Amendments 7 Effective Period 7 Attachments A. Boundary Map B. Urban Renewal Area Legal Description C. Study of Bonding Capacity D. Project Proposals and Budgets E. Acquisition Checklist F. Relocation Checklist G. Planning, Programming & Zoning Certification H. Notification to Taxing Entities, and Record of Consultation I. Resolution Adopting Plan J. Ordinance Adopting TIF District K. Notice of Public Hearing i Page 302 of 619 HIGHLAND MEADOWS URBAN RENEWAL PLAN CITY OF WATERLOO, IOWA INTRODUCTION AND BACKGROUND The Highland Meadows Urban Renewal Plan ("Plan" or "Urban Renewal Plan") has been developed to help promote economic development in the City of Waterloo, Iowa ("City). The primary goal of the Plan is to stimulate, through public involvement and commitment, private investment in new housing and residential development. In order to achieve these objectives, the City of Waterloo shall undertake the urban renewal actions specified in this Plan, pursuant to the powers granted to it under Chapter 403 of the Iowa Code, Urban Renewal Law, and Chapter 15A of the Iowa Code. DISTRICT DESIGNATION With the adoption of this Plan, the City designates this Urban Renewal Area ("Area") as an economic development area that is appropriate for the provision of public improvements related to housing and residential development consistent with Iowa Code Section 403.22. DESCRIPTION The description of the Area is illustrated in Attachment A, and legally described in Attachment B. The property included in the Urban Renewal Area has never previously been subject to the division of revenue under Iowa Code Section 403.19 as a residential project. BASE VALUES With the adoption of this Plan and Urban Renewal Area, a Tax Increment Financing (TIF) ordinance is adopted to establish a TIF district in the Area, and debt related to the Area will be certified to the County Auditor, creating the frozen "base value" that will be the assessed value of the taxable property within the area covered by the TIF ordinance as of January 1 of the calendar year preceding the calendar year in which the City first certifies the amount of any debt related to the Area, in accordance with Iowa Code Section 403.19. The City anticipates that development will occur in phases and that more than one TIF district will be created and established to provide or assist in the development of public improvements related to housing and residential public improvements. DEVELOPMENT PLAN The goals and objectives of the Plan are in conformity with the City of Waterloo's Comprehensive Plan and the land use policy and priorities that were adopted as part of the planning process. Both the Plan and the Comprehensive Plan strive to maintain the City's role as a regional center of commerce and industry, assure land uses which will strengthen and complement existing appropriate land use relationships within the surrounding community, encourage sound growth and investment in the area, increase employment in the area by encouraging economic development, and provide economic incentives that may increase housing 1 Page 303 of 619 opportunities within the City. The need for improved traffic, public transportation, public utilities, recreational and community facilities, or other public improvements within the Urban Renewal Area is set forth in this Plan. As the Area develops, the need for public infrastructure extensions and upgrades will be evaluated and planned for by the City. The Plan does not in any way replace or modify the City's current land use planning or zoning regulation process. PROJECT AREA OBJECTIVES The City's objectives for the Urban Renewal Area are to promote new housing and residential development, and promote the general economic development of the City. The City realizes that the availability of housing is an important component of attracting new business and industry, responding to new development, and retaining existing businesses. In anticipation of expected economic development, the City is determined to support the creation of new housing opportunities, including increasing the number of lots available for the construction of new houses. Providing incentives to developers eases the cost of extending necessary infrastructure and other factors that can make residential development more risky and less affordable. When a city utilizes tax increment financing to support residential development, a percentage of the incremental revenues (or other revenues) generated by the project (not to exceed the project costs reimbursed with incremental revenues which are limited to reimbursement of "public improvement" costs as defined by Iowa law) must be used to provide assistance to LMI families. LMI families are those whose incomes do not exceed 80% of the median Black Hawk County income. Unless a reduction is approved by the Iowa Economic Development Authority, the percentage of incremental revenues used to provide LMI assistance must be at least equal to the percentage of LMI families living in Black Hawk County. That percentage is currently 48.60%. The requirement to provide assistance for LMI housing may be met by one, or a combination, of the following options: 1. Providing that at least 48.60% of the units constructed in the Urban Renewal Area are occupied by residents and/or families whose incomes are at or below 80% of the median county income; 2. Setting aside an amount at least 48.60% of the reimbursed project costs for LMI housing activities anywhere in the City; and 3. Ensuring that 48.60% of the houses constructed within the Area are priced at amounts affordable to LMI families. If funds are set aside, as opposed to constructing a sufficient percentage of LMI housing in the Area, the assistance for low and moderate income family housing may be provided anywhere within the City. The type of assistance provided must benefit LMI residents and/or families and include, but is not limited to: 2 Page 304 of 619 1. Construction of LMI affordable housing. 2. Owner/renter-occupied housing rehabilitation for LMI residents and/or families. 3. Grants, credits or other direct assistance for LMI residents and/or families. 4. Homeownership assistance for LMI residents and/or families. 5. Tenant -based rental assistance for LMI residents and/or families. 6. Down payment assistance for LMI residents and/or families. 7. Mortgage interest buy -down assistance for LMI residents and/or families. 8. Under appropriate circumstances, the construction of public improvements that benefit LMI residents and/or families. Renewal activities are designed to provide opportunities, incentives, and sites for new residential development within the Urban Renewal Area. More specific objectives for the development, redevelopment and rehabilitation with the Urban Renewal Area are as follows: 1. To increase the availability of housing opportunities, which may in turn attract and retain local industries and commercial enterprises that will strengthen and revitalize the economy of the State of Iowa and the City of Waterloo. 2. To stimulate, through public action and commitment, private investment in new housing and residential development. 3. To plan for and provide sufficient land for residential development in a manner that is efficient from the standpoint of providing municipal services. 4. To help finance the cost of constructing street, water, sanitary sewer, storm water drainage, public utilities, street lighting, and other public improvements in support of new housing development. 5. To provide a more marketable and attractive investment climate. 6. To improve the housing conditions and housing opportunities, including for LMI income residents and/or families. 7. To achieve a diversified, well-balanced economy, providing a desirable standard of living, creating diversified housing opportunities, creating job opportunities, and strengthening the tax base. TYPE OF RENEWAL ACTIVITIES To meet the objectives of this Urban Renewal Plan and to encourage the development of the Area, the City intends to utilize the powers conferred under Iowa Code Chapter 403 and Chapter 15A, as follows: 1. To undertake and carry out urban renewal projects through the execution of contracts and other instruments. 2. To acquire land through a variety of means (purchase, lease, option, etc.) and to provide for the construction of specific site improvements such as grading and site preparation activities, access roads, utility connections, and related activities. 3. To arrange for or cause to be provided the construction or repair of public infrastructure, including but not limited to, streets, curbs and gutters, water infrastructure, storm sewer infrastructure, sanitary sewer infrastructure, public utilities, sidewalks, street lights, 3 Page 305 of 619 public parks and open spaces, bike trails, landscaping or other related facilities, enhancements, and activities in connection with urban renewal projects. 4. To make loans, forgivable loans, tax rebate payments or other types of economic development grants or incentives to private persons or businesses for economic development purposes on such terms as may be determined by the City Council. 5. To use tax increment financing to facilitate urban renewal projects, including, but not limited to, financing to achieve a more marketable and competitive land offering price and to provide for necessary physical improvements and infrastructure. 6. To borrow money and to provide security therefor. 7. To make or have made surveys and plans necessary for the implementation of the urban renewal program or specific urban renewal projects. 8. To acquire property through a variety of means (purchase, lease, option, etc.) and to hold, clear or prepare the property for redevelopment, or to dispose of property. 9. To undertake the demolition and clearance of existing development. 10. To use tax increment to provide LMI housing assistance. 11. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions for the City of Waterloo and the State of Iowa. PROPOSED URBAN RENEWAL PROJECTS 1. Certain urban renewal activities will continue over a period of years, such as the construction of public infrastructure and incentives to encourage increased employment and taxable value. The City may continue providing direct or indirect financial assistance to private persons or businesses as an incentive to develop new housing or residential development in the Area. 2. Future land acquisition, as may be necessary, to further the economic development needs of the City. 3. The City has or will enter into a development agreement with Midwest Development LLC (or a related entity) (the "Developer") for Developer's construction of public infrastructure improvements and private housing units on land within the Urban Renewal Area in four (4) anticipated phases. As part of the project, the Developer would be required to complete certain infrastructure improvements needed to prepare the property for the development of housing units and cause the construction of at least fifteen (15) housing units for each phase. The infrastructure improvements constructed by the Developer would be dedicated to the City following completion, at no cost to the City. These improvements are expected to include the construction and installation of sidewalk ramps at street intersections, sidewalks adjacent to stormwater detention facilities, sidewalks adjacent to parks or other green spaces, streets, sanitary sewer, storm sewer, stormwater detention, water infrastructure, and erosion control measures to serve the residential development with the Urban Renewal Area, for a total cost of approximately $3,700,000, with an approximate of $1,150,000 for Phase I, $1,150,000 for Phase II, $750,000 for Phase III, and $650,000 for Phase IV. Construction of the Phase I public infrastructure improvements is anticipated to be completed by July 1, 2026, and construction of all public infrastructure improvements (all phases) anticipated to be completed by July 1, 2039. Estimates presented herein are in 2025 dollars and are subject to adjustments based on inflation and/or material costs increases such as tariffs, or other required code changes or approved changes to project scope. The initial TIF District 4 Page 306 of 619 Area (per the ordinance dividing revenue pursuant to Iowa Code Section 403.19) will be for the Phase I Area, and the City anticipates amending the Plan to provide for the division of revenue pursuant to Iowa Code Section 403.19 in the future for each subsequent phase. The development agreement would also provide detailed terms and conditions under which the City may make annual Economic Development Grant payments to the Developer in the amount of 50% of the Tax Increment generated by construction of the housing units on the residential lots in the Area remaining each year. The Economic Development Grants would terminate upon the earliest of the following: i) ten (10) annual grants have been paid to Developer; (ii) the City's ability to collect tax increment from the Urban Renewal Area has expired: (iii) the maximum aggregate amount of grants have been paid to Developer; or (iv) the Developer's right to receive grants derived from the housing units in the Area under the agreement is terminated. The total amount of the Economic Development Grant payments shall not exceed the lesser of $575,000 or 50% of the actual costs incurred by the Developer in constructing the public infrastructure improvements in the Area for Phase I. The Plan shall be amended to include amounts for each additional phase. To the extent not prohibited by Iowa law, any "phase" of development shall be construed as and given the same meaning as the term "urban renewal project" or "project" for purposes of Iowa Code Chapter 403, including but not limited to, Iowa Code 403.19 and Iowa Code 403.22. 4. Pay all legal fees, consulting fees and related expenses associated with administration and operation of the Plan. FINANCIAL DATA For updated information about unused bonding capacity for the City of Waterloo, see Attachment C. Proposed amount of loans, advances, indebtedness or bonds to be incurred: A specific amount of debt to be incurred for the proposed urban renewal projects has not yet been determined The projects authorized in this Plan are only proposed projects at this time. The City Council will consider each project proposal on a case -by -case basis to determine if it is consistent with the Plan and in the public's best interest to participate in the project. These projects, if approved, will commence and be concluded over a number of years. In no event will debt be incurred that would exceed the City's debt capacity. It is further expected that such indebtedness, including interest on the same, will be financed in whole or in part with tax increment revenues from the Urban Renewal Area. Subject to the foregoing, it is estimated that the cost of the proposed urban renewal projects as described above will be approximately $3,700,000 to $4,500,000. SPECIAL FINANCING To meet the objectives of this Urban Renewal Plan and to encourage private investment in and the development of the Urban Renewal Area, the City may determine to provide financial assistance to qualified private businesses through the making of loans, rebates or grants under all applicable provisions of the Iowa Code, including but not limited to Chapters 15 and 15A, and through the use of tax increment financing under Chapter 403. 5 Page 307 of 619 1. Loans, Rebates or Grants. The making of loans or grants of public funds to private businesses within the Urban Renewal Area may be deemed necessary or appropriate for economic development purposes and to aid in the planning, undertaking and carrying out of urban renewal activities authorized under this Urban Renewal Plan and the Code of Iowa. Accordingly, in furtherance of the objectives of this Urban Renewal Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or such other obligations or loan agreements for the purpose of making loans or economic development grants of public funds to private businesses located in the Urban Renewal Area. Alternatively, the City may determine to use available funds for making such loans or grants with the intention to reimburse those funds with incremental taxes when or if available. 2. Tax Increment Financing. The City may utilize tax increment financing as a means to help pay for the costs associated with acquisition and the development of the Urban Renewal Area. General obligation bonds, tax increment revenue bonds, internal loans or such other obligations or loan agreements may be issued by the City. The City may elect to secure obligations or abate some or all of the debt service on bonds issued for the following costs with incremental taxes from the area (if and to the extent incurred by the City): a. Constructing public improvements, such as streets, sanitary sewers, storm sewers, water mains or other facilities. b. Making loans or grants to private businesses, including debt service payments on any bonds or notes issued to finance such loans or grants. c. Providing the local matching share of state or federal grant and loan programs. d. Other authorized urban renewal projects, including those described in Attachment D. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or any other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan. PROPERTY ACQUISITION/DISPOSITION The City may finance or assist with financing the cost of land acquisitions in the Urban Renewal Area. The City will follow applicable legal proceedings and procedures for the acquisition and disposition of property (see Attachment E). RELOCATION The City does not expect there to be any relocation required of residents or businesses as part of the proposed urban renewal projects; however, if any relocation is necessary, the City will follow all applicable relocation requirements (see Attachment F). 6 Page 308 of 619 PROPERTY WITHIN URBAN REVITALIZATION AREA The Urban Renewal Area is located within an urban revitalization area as provided in Chapter 404 of the Code of Iowa. No tax abatement incentives in connection with the urban revitalization area will be allowed for development that occurs in the Urban Renewal Area unless expressly authorized by the City Council. STATE AND LOCAL REQUIREMENTS All provisions necessary to conform to state and local laws will be complied with by the City and/or the developer in implementing this Urban Renewal Plan and its supporting documents, objectives and renewal activities. SEVERABILITY In the event one or more provisions contained in the Urban Renewal Plan, as amended, shall be held for any reason to be invalid, illegal, unauthorized or unenforceable in any respect, such invalidity, illegality, unauthorization or enforceability shall not affect any other provision of this Urban Renewal Plan, and this Urban Renewal Plan shall be construed and implemented as if such provisions had never been contained herein. URBAN RENEWAL PLAN AMENDMENTS This Urban Renewal Plan may be amended from time to time for a number of reasons, including but not limited to change in the area, to add or change land use controls and regulations, to modify goals or types of renewal activities, or to amend property acquisition and disposition provisions. The City Council may amend this Plan pursuant to appropriate procedures under Iowa Code Chapter 403. EFFECTIVE PERIOD This Plan will become effective upon its adoption by the City Council and will remain in effect until it is repealed by the City Council. As explained above, this Urban Renewal Area is designated based on economic development findings. The City anticipates that development will occur in phases and that more than one TIF district will be created and established to provide or assist in the development of public improvements related to housing and residential public improvements occurring within the Urban Renewal Area. For the first TIF district that is created and established, the use of incremental property tax revenues or the "division of revenue," as those words are used in Chapter 403 of the Iowa Code, is limited to ten (10) years beginning with the second fiscal year following the year in which the City first certifies to the County Auditor the amount of any loans, advances, indebtedness, or bonds which qualify for payment from the incremental property tax revenues attributable to that property within the Urban Renewal Area. For each subsequent TIF district that is created, the ten (10) year limitation period described above will commence as of the January 1 of the calendar year that each TIF district, respectively, is created and established. 7 Page 309 of 619 At all times, the use of tax increment financing revenues (including the amount of loans, advances, indebtedness, or bonds which qualify for payment from the division of revenue provided in Section 403.19 of the Iowa Code) by the City for activities carried out under the Urban Renewal Area shall be limited as deemed appropriate by the City Council and consistent with all applicable provisions of law. 8 Page 310 of 619 Attachment A DEPICTION OF HIGHLAND MEADOWS URBAN RENEWAL AREA See attached map. Page 311 of 619 Attachment "A" - Highland Meadows Urban Renewal Area Boundary Map W ORANGE RD W ORANGE RD E ORANGE RD — 175 350 700 US Fee J J Qit-1 Proposed District Boundary 1 ' Ragie 3 12Df b Y Attachment B URBAN RENEWAL AREA LEGAL DESCRIPTIONS Highland Meadows Urban Renewal Area PART I OF CAPTION The East 29 17/27 rods of the Northeast Quarter of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa, except Parcel `B" of Plat of Survey Doc. #2006-17037, and also except the East 16 rods of the South 38 1/2 rods thereof, and also except that part described as: Commencing at a point on the East line of said Section that is 38 1/2 rods North of the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East at right angles 216.5 feet to the place of beginning; And also except that part lying within the following described premises: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter,a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning. PART II OF CAPTION Those parts of the North One -Half of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, And Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section a distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Section a distance of 554.62 feet; thence East along a line parallel with the North line Page 313 of 619 of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning. PART III OF CAPTION A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5TH Principal Meridian in Black Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except that part thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to a point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. AND PARCEL B OF PLAT OF SURVEY AS FILED IN DOCUMENT NO. 2006-17037 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER. AND All that part of West Orange Road as it presently exists lying Easterly of a line that is parallel and 29 17/27 Rods West of the East line of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa, and Westerly of a line that is parallel and 33 feet East of the centerline of Kimball Avenue. AND All that part of Kimball Avenue as it presently exists lying Southerly of a line that is parallel and 33 feet South of the centerline of East Orange Road and West Orange Road, and Northerly of a line that is parallel and 38 1/2 Rods and 136 feet North of the South line of the Northeast 1/4 of the Northeast 1/4 of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa. AND The North 24 feet of the East 134 rods of the South half of the Northeast 1/4 of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa. 2 Page 314 of 619 Attachment B-1 TIF DISTRICT LEGAL DESCRIPTIONS Highland Meadows Urban Renewal Area Phase I TIF DISTRICT LEGAL DESCRIPTION -PARCEL D: PARCEL B OF PLAT OF SURVEY FILED AS DOCUMENT NO. 2026-17037, AND PARCEL A OF PLAT OF SURVEY FILED AS DOCUMENT NO. 2005-07904, BOTH IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER, AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (N.E.1/4-N.E.1/4) OF SECTION TWENTY-ONE (21), TOWNSHIP EIGHTY-EIGHT (88) NORTH, RANGE THIRTEEN (13) WEST OF THE FIFTH PRINCIPAL MERIDIAN CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, ALL OF THE ABOVE DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 21; THENCE SOUTH 0°08'44" EAST ON THE EAST LINE OF SAID SECTION, 27.01 FEET; THENCE SOUTH 89°06'12" WEST, 33.00 FEET TO THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE AND THE POINT OF BEGINNING; THENCE SOUTH 0°08'44" EAST ON SAID WEST RIGHT OF WAY LINE, 522.85 FEET TO THE NORTH LINE OF THE LAND DESCRIBED IN DEED TO JOHN MICHAEL AND BRITTANY SUE KOCH, RECORDED AS FILE NO. 2021-00002868 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER; THENCE SOUTH 89°51'23" WEST ON THE NORTH LINE OF SAID KOCH LAND, 183.39 FEET TO THE NORTHWEST CORNER OF SAID KOCH LAND; THENCE SOUTH 0°11'51" EAST ON THE WEST LINE OF SAID KOCH LAND, 136.20 FEET TO THE NORTH LINE OF THE SOUTH 38 1/2 RODS OF SAID N.E.1/4-N.E.1/4; THENCE NORTH 89°57'54" WEST ON SAID NORTH LINE, 47.74 FEET; THENCE SOUTH 89°49'56" WEST, 73.02 FEET; THENCE NORTH 19°28'03" WEST, 117.92 FEET TO THE BEGINNING OF A 363.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY AND HAVING A LONG CHORD OF 65.99 FEET BEARING SOUTH 75°44'51" WEST; THENCE WESTERLY ON THE ARC OF SAID CURVE, 66.08 FEET; THENCE SOUTH 0°10'04" EAST, 2.37 FEET; THENCE SOUTH 89°49'56" WEST, 136.21 FEET; THENCE NORTH 6°10'36" WEST, 145.18 FEET; Page 315 of 619 THENCE NORTH 9°20'37" WEST, 60.00 FEET TO THE BEGINNING OF A 303.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY AND HAVING A LONG CHORD OF 22.55 FEET BEARING NORTH 78°31'28" EAST; THENCE EASTERLY ON THE ARC OF SAID CURVE, 22.55 FEET; THENCE NORTH 13°36'28" WEST, 136.20 FEET; THENCE SOUTH 88°59'43" WEST, 21.46 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO MARVIN C. AND CHERYL K. DEWAARD, AS RECORDED IN BOOK 515 AT PAGE 26 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER; THENCE NORTH 0°01'45" EAST ON THE EAST LINE OF SAID DEWAARD LAND, 69.75 FEET TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO DANIELLE JEAN DROSTE, RECORDED AS FILE NO. 2013-00001260 1N THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER; THENCE NORTH 88°57'49" EAST ON THE SOUTH LINE OF SAID DROSTE LAND, 143.29 FEET TO THE SOUTHEAST CORNER OF SAID DROSTE LAND; THENCE NORTH 0°08'36" WEST ON THE EAST LINE OF SAID DROSTE LAND, 147.99 FEET TO THE SOUTH RIGHT OF WAY LINE OF ORANGE ROAD; THENCE NORTH 89°05'53" EAST ON SAID SOUTH RIGHT OF WAY LINE, 455.68 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 7.01 ACRES. 2 Page 316 of 619 Attachment C Study of Bonding Capacity as of January 1, 2024 January 1, 2024 Actual Gross Assessed Valuation $5,393,906,602 Legal Bonding Rate 5% Legal Bonding Limit $ 269,695,303 Less Outstanding G.O. Debt ($ 163,286,433) Unused Gross Bonding Capacity $ 106,408,870 Unused gross bonding capacity is 60.54% of the legal limit. 3 Page 317 of 619 Attachment D RESERVED Page 318 of 619 Attachment E ACQUISITION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. Appraisers then inspect each property affected by the project and make a written appraisal report. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo, plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about the use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's report will be reviewed by qualified review appraisers for the City of Waterloo. 4. The property owner will then be contacted by an acquisition agent from the City of Waterloo to present the property owner with an "offer to purchase". This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit, a partial payment of the purchase price can also be made available per the terms of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety (90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty (30) days prior to the required vacation date. The thirty (30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. 8. The City acquisition agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). Page 319 of 619 Attachment F RELOCATION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo relocation agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving (based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. If dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program, persons to be displaced may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the City Planner, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of claim application, the City Planner will appoint a review board and notify the applicant when and where a hearing will be held. The review board will recommend a decision on the claim to the City of Waterloo. The Relocation Agent will notify the applicant in writing of the City of Waterloo's decision within one (1) week. Page 320 of 619 Elev8te Housing Policies 2025 1. Sale of City Residential Property Policy a. The overall Sale of Property Policy stays same for all City Property (2019). ➢ lnfill Site — public or private lot within a subdivision that is at least 20 years old and over 60% of the subdivision has been built upon. ➢ For larger infill sites (i.e. Baltimore Field) staff will determine the eligibility of areas as infill if they require additional platting. ➢ lnfill Site incentives may apply to any City -owned lots for residential construction. Note — all land will be sold through Development Agreements to state timeline for construction, design for construction, and note incentives by City, either TIF, ARPA, Nuisance Bonds, or Urban Revitalization (CURA or CLURA) or a combination of the incentives, to gain positive new housing units for the City of Waterloo. This process is for residential development of lnfill Sites. Commercial/Industrial redevelopment of infill lots or sales will follow the Economic Development Policy Plan for the City of Waterloo. 2. Housing Construction/Rehabilitation a. City acquired housing units will be sent through Request for Proposal process to determine interest in rehabilitation of structures by any private parties. b. City reserves the right to work directly with a proven developer in targeted areas to strengthen their ability to work in area (i.e. Habitat in Walnut) v. the RFP process. This will also work to help move faster for some rehabilitations, as well as plan ahead for larger redevelopment strategies for neighborhoods as a whole. All sales require a hearing, so other parties have the right to come and state their interest. c. Privately acquired Infill Housing sites may apply for incentives as long as site meets criteria as an lnfill Site. d. Privately acquired housing projects for rehabilitation may request city assistance for incentives for projects on a case -by -case basis. (See 48 for factors to consider). e. City -built homes, if applicable, would be sold through a standard sales realtor, or through a partnership if needed, similar to how City partnered with Hawkeye Community College in past. 3. Acquisitions for Housing a. The City will work with residential housing partners for the acquisition of homes for demolition or rehabilitation i. The City will use 657A when possible ii. The City will specifically work in Targeted Areas to help towards long-term planning for neighborhood revitalizations iii. The City may work throughout the community for select housing sites for new development, prioritizing abandoned and deteriorating structures, as well as those needing a higher and better land use 4. Will Sites incentives — a. New construction on eligible lnfill Sites i. $5,000 per unit created upon Certificate of Occupancy ii. $7,500 per unit in Targeted Areas b. Rehabilitation on eligible lnfill Sites i. $5,000 per unit on a case -by -case basis ii. $7,500 per unit in Targeted Areas, on a case -by -case basis The City Council will review all requests for assistance for rehabilitation. Key determining factors: ➢ If the site is in a Targeted Area — is the project rehabilitation in accordance with the larger planning efforts for neighborhood revitalization ➢ If the site is not in a Targeted Area o is the site worthy of 657A action o has it been abandoned o has it been vacant for an extended period of time o is it in deteriorating condition o is it better for demolition o owner /history of deterioration of structure c. New Infrastructure construction incentives i. The City has the ability to establish an Urban Renewal District (TIF District) over a site if needing to partner with a developer for a new subdivision type layout, whether on an lnfill Site or greenfield site. ii. The City would establish such subdivisions with State Code regulations for timeline, and types of development to occur on -site or off -site or both, in regards to low to moderate income housing requirements. iii. Said goal would be to match incentives offered by abutting and adjacent communities for paying back 50% of infrastructure costs for the new roads, sewers, water, etc. within a 10-year timeline. iv. If an lnfill Site would receive TIF incentives as noted for infrastructure, housing on the site would not be eligible for CURA or CLURA tax abatement incentives. Page 321 of 619 v. If an Infill Site would receive TIF incentives as noted for infrastructure, housing on the site would not be eligible for $5,000 or $7,500 per home infill incentive unless sold, and funding going to the new homeowner. d. Funding Sources for Infill Site and overall Residential Development objectives i. TIF funds — if the site is in an eligible TIF area, that has housing as a goal, said funds could be used ii. Bonds — the City has bonds for nuisance abatement and housing improvements annually, and said funds could be used city-wide iii. ARPA funds — the City has dedicated $2,041,277 in ARPA funds for housing projects including acquisitions, demolitions, infrastructure, inspections, as well as new construction and rehabilitations. 5. Targeted Areas — a. The City will work to establish Targeted Areas for concentration of needed new housing to help strengthen existing neighborhoods. b. Initial Target Areas i. Walnut Historic Neighborhood ii. Church Row Neighborhood iii. West Central Neighborhood iv. We Care Neighborhood v. City View Neighborhood vi. Maywood Neighborhood Page 322 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution accepting an IDOT Air Service Development Grant Agreement, in the amount of $48,000.00, for the promotion of passenger air service from the Waterloo Regional Airport, and authorizing the Mayor and Director of Aviation 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 IDOT ASD Grant (80%); matching funds from Airport Operations budget (20%) ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. FY 2026 ASD Agreement Waterloo Page 323 of 619 Page 324 of 619 IOWADOT FY 2026 Air Service Development Contract Number: CNTRT-00009022 Project Number: 9I260AL0135 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR THE FISCAL YEAR 2026 AIR SERVICE DEVELOPMENT PROGRAM PROJECT NUMBER: 9I260AL0135 CONTRACT NUMBER: CNTRT-00009022 This is an agreement between the Waterloo Regional Airport (hereinafter referred to as SPONSOR) and the Iowa Depai tiiient of Transportation (hereinafter referred to as the Iowa DOT) for funding through the Iowa Air Service Development Program, under Iowa Code Section 328.12. Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the Iowa DOT agrees to provide authorized funding to the SPONSOR to help in air service development activities to include: The promotion of passenger air service from the Waterloo Regional Airport through strategic advertising in digital, social media, television, print, radio, and billboard mediums. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree to: 1. The SPONSOR shall be the lead agency for carrying out the provisions of this agreement and shall be responsible for the development and completion of air service development initiatives (hereinafter referred to as the PROJECT) in accordance with the FY 2026 Air Service Development Program Description and this agreement. 2. The Iowa DOT shall reimburse the SPONSOR for 80% of eligible PROJECT costs not to exceed $48,000. 3. Funds must be obligated within six months of execution of the grant agreement. Claims for reimbursement with proof of expenditures must be submitted within one year of the date of the obligation of funds. 4. All notices required under this agreement shall be made in writing to the Iowa DOT Modal Transportation Bureau and the SPONSOR's contact person. The Modal Transportation Bureau contact shall be Shane Wright (515-239-1048). The SPONSOR's contact person shall be Keith Kaspari. 5. A report must be filed by the sponsor within 30 days of the final claim for reimbursement providing a summary of how funds were used and describing the successes and failures of activities funded through this Air Service Development agreement. 6. The SPONSOR shall solicit, or have solicited bids, for any work on this project in compliance with all applicable laws, ordinances and administrative rules. Page 1 of 3 Page 325 of 619 IOWADDT FY 2026 Air Service Development Contract Number: CNTRT-00009022 Project Number: 9I260AL0135 7. The SPONSOR shall be responsible for the acceptance of the project. The Iowa DOT reserves the right to review project activities and to audit claims for reimbursement. 8. The SPONSOR shall submit Claims for Reimbursement to the Iowa DOT for eligible PROJECT costs, along with a copy of the billing statement and proof of payment. Reimbursements will be made in whole dollars and will be rounded down. 9. The SPONSOR is the contracting agent and, as such, retains sole responsibility for compliance with local, state and federal laws and regulations related to accomplishment of the Project. The SPONSOR shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the Iowa Code Chapter 216. No person shall, on the grounds of age, race, creed, sex, color, national origin, religion, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the SPONSOR receives state funds from the Iowa DOT. 10. The Iowa DOT's obligation hereunder shall cease immediately, without penalty of further payment being required, in any year for which the General Assembly of the State of Iowa fails to make an appropriation or re -appropriation to pay such obligations, and the Iowa DOT's obligations hereunder shall cease immediately without penalty of further payment being required at any time where there are not sufficient authorized funds lawfully available to the Iowa DOT to meet such obligations. 11. The Iowa DOT shall give the SPONSOR notice of any termination of funding as soon as practicable after the Iowa DOT becomes aware of the failure of funding for this program. In the event the Iowa DOT provides such notice, the SPONSOR may terminate this agreement or any part thereof. 12. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. 13. This agreement is not assignable without the prior written consent of the Iowa DOT. 14. It is the intent of both parties that no third -party beneficiaries be created by this agreement. 15. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 16. This agreement constitutes the entire agreement between the Iowa DOT and the SPONSOR concerning this PROJECT. Representations made prior to the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the Iowa DOT and the SPONSOR. Page 2 of 3 Page 326 of 619 IOWADOT FY 2026 Air Service Development Contract Number: CNTRT-00009022 Project Number: 9I260AL0135 EXECUTION OF THE AGREEMENT: In witness whereof, each of the authorized parties hereto has executed this Agreement as of the date shown with its signature below. SPONSOR: Signed this day of , 2025 By: By: Authorized Sponsor Representative Airport Manager IOWA DEPARTMENT OF TRANSPORTATION: Signed this day of , 2025 By: Tammy Nicholson, P.E., Director Modal Transportation Bureau Page 3 of 3 Page 327 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of Cedar Falls, Iowa, in the amount of $97,126.10, in conjunction with the FY 2025 Idaho Street Fiber Hut, Contract No. 1112, and receive and file a two- year maintenance bond. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS Page 328 of 619 1. Cont 1112_MaintenanceBond Page 329 of 619 MAINTENANCE BOND ALL MEN BY THESE PRESENTS: Bond No. 2368450 That, Vieth Construction Corporation of Cedar Falls, IA as Principal, and the Swiss Re Corporate Solutions America Insurance Corporation as Surety, are held and firmly bound unto City of Waterloo, Iowa in the penal sum of Ninety-seven Thousand One Hundred Twenty-six & 10/100 ($ 97,126.10 ) Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Whereas the said Principal entered into a certain contract, with City of Waterloo, Iowa To furnish all the material and labor necessary for the construction of F.Y. 2025 Idaho Street Fiber Hut, Contract No. 1112 in Waterloo, IA In conformity with certain specifications; and Whereas a further condition of said contract is that the said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from date of acceptance of the work under said contract; and Whereas the said Swiss Re Corporate Solutions America Insurance Corporatiorfor a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Waterloo, Iowa Now, therefore, the condition of this obligation is such, that if the said Principal shall, at his own cost and expense, remedy any and all defects that may develop in said work within the period of two (2) years from the date of date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise, to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set our hands and seals this 29th day of September , 2025 Vieth Construction Corporation Principal By: Swiss Re Corporate Solutions America Insurance Corporation +ajeµBilu''H Sure ,•'�ti�+ . wK'g�,,, s.�3.4pRp � R�fF'ti 5 Attcr ney-in-Fact 1200 Main Street, Suite 800 Address Kansas City, MO 64105-2478 Page 330 of 619 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC"I WESTPORT INSURANCE CORPORATION ("WIC") G EN ERALPOW ER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation orgniiieed and existik. li aft r the Taws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC. organized under the laws of the tila+c of Missouri, and having its principal office in the City ofKansas City, Missouri, each does hereby make, constitute and appoint: JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, ANNE CROWNER, TIM McCULLOH, DIONE R. YOUNG, SETH ROOKER, JENNIFER MARINO, JOSEPH TIERNAN, KATE ZANDERS, SARA HUSTON, JOHN CORD, GRACE DICKINSON, JAMIE GIFFORD, ZACH FULLER, and BEN WILLIAMS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed. bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors ofboth SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attomey named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation: and it is PURTHEP. RESOLVED. that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be bindin upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." • Ity Br Wry, Ser,ler ••••"_r •,r- henlar - PreukleuC of SRCSPIC & re„io r Vi Gait Jurquet, Senior Vice I' u rSRCSA ICVice President of SRCSPIC relictcui uC W IC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seats lobe hereunto affixed, and these presents to be signed by their authorized officers this_-15 day of_ APRIL — — 20 25 State of Illinois County of Cook rs On dos4 day of APRIL . 20 1 before nie. a Notary Public personally appeared David Satory , Senior Vice Presidentof SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gabriel Jacquez. Senior Vice President of SRCSAIC and Senior Vice President ofSPCSP1C and Senior Vice President of WIC, personally known to me. who being by me duly swum, acknowledged that they signed the above Power of Attorney as officers of' and acknowledged said instrumeyI to be the voluntary act and deed of their respective companies Swiss Re Corporate Solutions America Insurance Corporation Swiss Re Corporate Solutions Premier Insurance Corporation Westport Insurance Corporation Karen zweda. Notary 1, Jeffrey Goldberg the duly elected Senior Vice President and Assistant Secretary of SRCS rr C and SRCSPIC and WIC. do hereby certify that the above and foregoing is a true and correct copy ofa Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this29thfay of September .20 25 f OFFICIAL SEAL KAREN M SZWEDA Nary Public, Stale of Illinois ) Cairrlr MI1 No 918828 I Hy C► ."' Epros�alerrl 26. `-., r-VI Jeffrey Goldberg, SeniarYiet President & �~ Assistant Secretary of SRCSAIC and SRCSPIC and WIC Page 331 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Motion to approve Change Order No. 1 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $20,788.75, in conjunction with the FY 2026 Airport Fence Relocation, Contract No. 1133, and authorizing the Mayor 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 #1 - Contractor Signed Page 332 of 619 Page 333 of 619 CHANGE ORDER NO. 1 Owner City of Waterloo Date: 9/5/2025 Project FY 2026 Airport Fence Relocation Owner's Contract No. 1133 Contractor: Peterson Contractors Inc. Date of Contact Start 6/26/2025 Contract Amount: $ 317,080.00 You are directed to make the following changes in the Contract Documents. Description: 10 EMBANKMENT -IN -PLACE (ON -SITE) 11 PAVEMENT REMOVAL, ASPHALT $ 10.00 /CY x 585 CY $ 5,850.00 $ 4.25 /SY x 3515 SY $ 14,938.75 TOTAL ADDITIONS $ 20,788.75 Reason for Change Order 10 Due to the additional pavement thickness removal, more embankment material was needed for backfill. 11 Once pavement removal began within the runway safety area, the existing pavement was found to be thicker than the 6 inch depth shown in the planset. This additional square yardage of removal accounts for the end area average 1 foot depth of thickness in this area. CONTRACT PRICE Original: $ 317,080.00 Original Working Days Previous C.O.s (ADD/DEDUCT) $ This C.O. (ADD/DEDUCT) $ 20,788.75 Revised Working Days: Contract Price with all approved Change Orders: $ 337,868.75 CONTRACT TIME To Substantial To Final Completion Completion 9/30/20251 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. APPROVED: BY: Owner (Authorized Signature) Date Digitally signed by Chris D. Fleshner ACCEPTED: DN: C=US, F=cfleshner@pcius.com, 0="Peterson Chris D . Fleshner Contractors, Inc. ", CN=Chris D. Fleshner Reason: I am approving this document BY: Date: 2025.09.05 11:04:06-05'00' Contractor (Authorized Signature) ACCEPTED: BY: Date AECOM Date AECOM 60764963 I 1 Project No. C.O. No. Page 334 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Todd Derifield, Leisure Services Interim Director Leisure Services Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Motion approving Change Order No. 2 with Matt Construction, Inc. of Sumner, Iowa, for a total increase of $3,930.59 in conjunction with the FY 2025 South Hills Golf Course Maintenance Building Contract No. 1130, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approve Change Order #2 for a total increase of $3,930.59 SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Waterloo 2030 Community Vision Pillar 7 Sportstown USA IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. co#2 South Hills Page 335 of 619 2. co#2 south hills log Page 336 of 619 Change Order PROJECT: (Name and address) 2025-0090 South Hills Golf Course Maintenance Building Waterloo, IA OWNER: (Name and address) City of Waterloo 1101 Campbell Ave. Waterloo, IA 50701 CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Contract For: General Construction Change Order Number: 002 Date: 05-05-2025 Date: 09-17-2025 ARCHITECT: (Name and address) CMIBA Architects 3228 Cedar Heights Drive Cedar Falls, IA 50613 CONTRACTOR: (Name and address) Matt Construction, Inc. 203 Y Ave. Sumner, IA 50674 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference spec fc exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives) Past Change Order: 001 DEDUCT TO CONTINGENCY (S10,000.00) Cunent Change Order 002: COR 005: Add Cold Water Manifold and Associated Lines COR 006: Remove Vapor Barrier COR 007: Re-route Drainage Tile around building The Original Contingency Sum was The Contigency Suin prior to this change order The Contigency Sum will be decreased by this Change Order in the amount of The New Contigency Sum including this Change Order will be ADD DEDUCT ADD Total S1,166.06 (S700.67) S3,465.20 S3,930.59 S 10.000.00 S0.00 50.00 50.00 S The Original Contract Sum was 230,958.00 The net change by previously authorized Change Orders $ 2,576.52 The Contract Sum prior to this Change Order was $ 233,534.52 The Contract Sum will be increased by this Change Order in the amount of S 3,930.59 The new Contract Sum including this Change Order will be S 23 7,465.11 The Contract Time will be unchanged by Zero (0) days. The new date of Substantial Completion will be NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. ALA Document G701 — 2017_ Copyright © 1979, 1987, 2000 , 2001 and 2017_ All rights reserved. 'The American Institute of Architects,' 'American Institute of Architects,' °AIA," the AlA Logo, and 'AIA Contract Documents` are trademarks of The American institute of Architects. This document was produced at 12:16:13 CDT on 09117/2026 under Subscription No_20250091042 which expires on 01/16/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail docinfo@aiaconiracts.com. User Notes: (68c9abfld2416e10221ff72e) 1< Page 337 of 619 NOT VALID UNTIL SIGNED g)fi THE ARCHITECT, CONTRACTOR AND OWNER. ARCHITECT (Signature) BY: Dan Levi, Principal Architect (Printed name, title and license number if required) 9.17.25 Date CONTRACTOR (Signature) BY: Megan Matt -Callahan, Project Manager (Printed name and title) 9/17/25 Date OWNER (Signature) BY: Quentin Hart, City of Waterloo Mayor (Printed name and title) Date A!A Document G701 — 2017. Copyright 01979, 1987, 2000 , 2001 and 2017_ All rights reserved. The American Institute of Architects," °American Institute of Architects," "AIA," the AIA Logo, and "AlA Contract Documents' are trademarks of The American Institute of Architects. This document was produced at 12:16:13 CDT on 09/17/2025 under Subscription No.20260091042 which expires on 01/16/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (68c9abf7d2416e10221ff72e) 2 Page 338 of 619 F.Y. 2025 South Hills Golf Course Maintenance Building 1830 E Shaulis Rd Waterloo, IA 50701 Date: 9.15.25 Contractor: Matt Construction Inc. Change Request Description MI j_FIEVI Fa ARCHITECTURE Location Approved Denied Pending CO Request #1 Trash bucket for trench drain catch basin CO #O1 $279.64 CO Request #2 Utilize existing water meter pit CO #O1 $3,647.33 CO Request #3 NOT USED CO Request #4 Change 1" PEX to 1" copper service line CO #01 $8,649.55 CO Request #5 Add cold water manifold and associated lines CO #02 $1,166.06 CO Request #6 Remove vapor barrier CO #02 -$700.67 CO Request #7 Re-route Drainage Tile around building CO #02 $3,465.20 Total Cost of Change Order #01 Approved Changes ADD $12,576.52 Total Cost of Change Order #02 Approved Changes ADD $3,930.59 Original Contract Sum Included Project Contingency CO #1 CO #2 Remaining Project Contingency $230,958.00 $10,000.00 $12,576.52 $3,930.59 ($6,507.11) Contract Sum $237,465.11 Page 339 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Motion approving Change Order No. 2 to the Professional Agreement with Terracon, Inc., in an amount not to exceed $25,000.00, for additional construction observation, in conjunction with FY 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well, Contract No. 1066, and authorizing the Mayor 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 340 of 619 1. FY 2024 Hawthorne Avenue Storm Sewer Relief Well CSR Change Order No. 2 Page 341 of 619 ■ ierracon Date: September 17, 2025 City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Attention: Mr. Wayne Castle 3105 Capital Way Cedar Falls, IA 50613 P (319) 277-4016 F (319) 277-4320 Terracon.com Re: FY 2024 Hawthorne Avenue Storm Water Lift Station Relief Well Project No. 13257014 We are transmitting ❑ herewith ❑ under separate cover Item Date Description 9/17/25 Change Order No. 2 Remarks: If you have any questions regarding this information, please contact Dave Cleary at 319- 277-4016. Thank you Yours truly, Terracon Consultants, Inc. By: Dave Cleary Copies to: Addressee (Wayne.Castle@Waterloo-IA.org) Explore with us jrerracon Reference Number: 13257014 CHANGE ORDER No. 2 This Change Order No. 2 to the 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well dated 07/19/2021 ("Agreement") is between City of Waterloo IA ("Client") and Terracon Consultants, Inc. ("Consultant") for additional or changed Services to be provided by Consultant for Client on the 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well Project, as described in 2024 Hawthorne Avenue Storm Sewer Lift Station Relief Well. This Change Order is incorporated into and made part of the Agreement. Scope of Services. The scope of the additional or changed Services is described in the Scope of Services section of Consultant's Change Order Proposal, unless Services are otherwise described below or in Exhibit B to this Change Order (which section or exhibit are incorporated into the Change Order). Change Order No. 1 for Construction Review Services dated 2/28/25 Terracon estimated seven 10 hour days for the north well installation and well abandonment observation, 140 total hours for Terracon personnel. Terracon has provided approximately 120 hours in 12 days thru 9/16/25 Change Order No. 2 is due to the Contractor having to change drilling methods to use temporary steel casing for the entire depth of the well. Terracon estimates an additional approximate 100 to 140 hours of field services for the completion of the north well installation and development, existing north well abandonment and relief well testing of the new north well and existing south well. Compensation. Client shall pay compensation for the additional or changed Services performed at the fees stated in the Change Order Proposal unless fees are otherwise stated below or in Exhibit C to this Change Order (which section or exhibit are incorporated into the Change Order). The above Change Order No. 2 Scope of Services will we invoiced on a time and materials basis per the fee schedule included with the 2/28/25 Proposal for Construction Review Services with an additional estimated Change Order No. 2 fee of $23,000 to $25,000. All terms and conditions of the Agreement shall continue in full force and effect. This Change Order is accepted and Consultant is authorized to proceed. Consultant: Terracon Consultants, Inc. By: Name/Title: ewe Client: City of Waterloo IA Date: 9/17/2025 By: Date: Dave C. Cleary, REM / Environmental Department Manager Address: 3105 Capital Way, Ste 5 Name/Title: Quentin Hart / Mayor Address: 715 Mulberry St Cedar Falls, IA 50613-7030 Waterloo, IA 50703-5714 Phone: (319) 277-4016 Fax: Phone: (319) 291-4312 Fax: Email: Dave.Cleary@terracon.com Email: wayne.castle@waterloo-ia.org Page 1 of 1 Rev. 8-12 Page 343 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Motion to approve Change Order No. 27 with ITG Communications, LLC, of Hendersonville, Tennessee, for a net increase of $120,066.36, in conjunction with the FY 2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, 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 344 of 619 1. CR 2025-0027 Waterloo Broadband Change Order Request Page 345 of 619 Change Order Request Change •rter ype Retainage CITY OF �J�TERLOO E COMMUNICATIONS and Release Set Forth In The Community e�D sign/Engineering of Opportunity Will Be Subject To The Withhoklings t ntract Sections 6.2(f)(i) an No Change Order Name: CR-2025-0027 • rder Cos • $120,066.36 ITG equest Date: 9/23/2025 Construction Contractor Name (Attn) Michael Regan PM Broadband Implementation Requested By: Client/Owner Magellan Project Manager: Client/Owner (Attn) City of Waterloo/Waterloo Fiber/Eric Lage st Sign -Off Clayton Johnston VP of Construction ange Re.- - Description of Change (include location) The following Change Order has been created to account for construction labor and materials for an updated design plan in LCP 034. Reason for Change Newly constructed homes in the Paradise Estates subdivision need to be amended into the original engineering and designs. Waterloo Fiber submitted request to add to the FTTP plan. Labor & material pricing came from the original BoM pricing approved by Waterloo Fiber and the City of Waterloo associated with Contract # 1088 Material Submittals/ Specifications Page 346 of 619 Itemized Breakdown of Work Quantity Unit Price Location Work Order # Description Amount w Underground - Buried Labor Directional Bore (1)1", (0) 2", (0) 1.25"-->[LF] 5,816 $ 11.95 $ 69,501.20 Install #12 AWG Insulated Tracer Wire-->[LF] 5,816 $ - $ - Installation, Underground Fiber Cable - Including Slack (Micro fiber must be blown in)-->[LF] 6,381 $ 1.20 $ 7,657.20 Installation, Small Vault, 13" x 24" (Composite) -->[EA] 32 $ 150.00 $ 4,800.00 Installation, Vault 24" x 36"-->[EA] 2 $ 240.00 $ 480.00 Sawcut, Remove and Replace Asphalt 6" Thick-->[SgrFt] 39 $ 28.00 $ 1,092.00 Sawcut, Remove and Replace Concrete 6" Thick -->[SqrFt] 39 $ 32.00 $ 1,248.00 Splicing Labor Install New Splice Case & Prep Cable -->[EA] 34 $ 200.00 $ 6,800.00 Splicing, Fusion, Single Fiber -->[EA] 18 $ 25.00 $ 450.00 Testing, OTDR, Uni-Directional, Power Meter Testing -->[EA] 64 $ 1.00 $ 64.00 *** CR Labor Subtotal 92,092.40 Materials Fiber Material 24 CT Micro Fiber Cable -->[FT] 582 $ 0.57 $ 331.74 48 CT Micro Fiber Cable -->[FT] 2,100 $ 0.90 $ 1,890.00 144 CT Micro Fiber Cable -->[FT] 3,699 $ 2.06 $ 7,619.94 Underground Material 1" HDPE Roll Conduit, Orange - SDR 11-->[FT] 5,816 $ 0.38 $ 2,210.08 #12 AWG Solid Thhn Insulated Tracer Wire -->[FT] 5,816 $ 0.11 $ 639.76 Small Vault, 13" x 24" - Composite -->[EA] 32 $ 339.52 $ 10,864.64 Vault, 24" x 36"-->[EA] 2 $ 699.76 $ 1,399.52 Closure Material FOSC 450 B Closure -->[EA] 2 $ 282.02 $ 564.04 Splice Tray for B-Gel Closure (SM12)-->[EA] 2 $ 17.31 $ 34.62 Slack Basket for B-Gel Closure -->[EA] 2 $ 40.73 $ 81.46 Commscope CSC100 Micro Closure -->[EA] 17 $ 65.23 $ 1,108.91 Commscope CSC150 Micro Closure -->[EA] 15 $ 81.95 $ 1,229.25 *** TOTAL CR COST '73.96 120,066.36 Page 347 of 619 Magellan Sign -Off Print Name / Title: Signature: Date: Clayton Johnston VP of Construction ezezz.if. 9,,i,,,f. 9/24/ 7Contractor Manager (not needed for design change requests) Print Name / Title: Signature: Date: Charles Smith Regional Managed 9/25/2025 Client/Owner (Attn) Print Name / Title: Signature: Date: **End** 4 Page 348 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Motion to approve Change Order No. 28 with ITG Communications, LLC, of Hendersonville, Tennessee, for a net increase of $61,411.83, in conjunction with the FY 2023 Construction of a Fiber - to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, 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 349 of 619 1. CR 2025-0028 Waterloo Broadband Change Order Request Page 350 of 619 Change Order Request Change r er ype Retainage CITY OF �J�TERLOO E COMMUNICATIONS and Release Set Forth In The Community eID sin/Engineering of Opportunity Will Be Subject To The Withhoklings t ntract Sections 6.20)6) an No Change Order Name: CR-2025-0028 • rder Cos • $61,411.83 ITG equest Date: 9/25/2025 Construction Contractor Name (Attn) Michael Regan PM Broadband Implementation Requested By: Client/Owner Magellan Project Manager: Client/Owner (Attn) City of Waterloo/Waterloo Fiber/Eric Lage st Sign -Off Clayton Johnston VP of Construction ange Re.- - Description of Change (include location) The following Change Order has been created to account for construction labor and materials for an updated design plan in LCP 085. Reason for Change Newly constructed homes along Partridge Ln need to be amended into the original engineering and designs. Waterloo Fiber submitted request to add to the FTTP plan. Labor from original BoM pricing approved by Waterloo Fiber and the City of Material Submittals/ Specifications & material pricing came the Waterloo associated with Contract # 1088 Page 351 of 619 Itemized Breakdown of Work Quantity Unit Price Location Work Order # Description Amount w Underground - Buried Labor Directional Bore (1) 1", (0) 2", (0) 1.25'-->[LF] 2,561 $ 11.95 $ 30,603.95 Install #12 AWG Insulated Tracer Wire-->[LF] 2,561 $ - $ - Installation, Underground Fiber Cable - Including Slack (Micro fiber must be blown in)-->[LF] 4,761 $ 1.20 $ 5,713.20 Installation, Small Vault, 13" x 24" (Composite) -->[EA] 16 $ 150.00 $ 2,400.00 Installation, Vault 24" x 36"-->[EA] 4 $ 240.00 $ 960.00 Sawcut, Remove and Replace Asphalt 6" Thick-->[SgrFt] 17 $ 28.00 $ 476.00 Sawcut, Remove and Replace Concrete 6" Thick -->[SqrFt] 17 $ 32.00 $ 544.00 Splicing Labor Install New Splice Case & Prep Cable -->[EA] 20 $ 200.00 $ 4,000.00 Splicing, Fusion, Single Fiber -->[EA] 31 $ 25.00 $ 775.00 Testing, OTDR, Uni-Directional, Power Meter Testing -->[EA] 31 $ 1.00 $ 31.00 CR Labor Subtotal $ 45,503.15 Material Fiber Material 12 CT Micro Fiber Cable -->[FT] 2,851 $ 0.49 $ 1,396.99 96 CT Micro Fiber Cable -->[FT] 1,910 $ 1.32 $ 2,521.20 Underground Material 1" HDPE Roll Conduit, Orange - SDR 11-->[FT] 2,561 $ 0.38 $ 973.18 #12 AWG Solid Thhn Insulated Tracer Wire -->[FT] 2,561 $ 0.11 $ 281.71 Small Vault, 13" x 24" - Composite -->[EA] 16 $ 339.52 $ 5,432.32 Vault, 24" x 36"-->[EA] 4 $ 699.76 $ 2,799.04 Closure Material FOSC 450 B Closure -->[EA] 4 $ 282.02 $ 1,128.08 Splice Tray for B-Gel Closure (SM12)-->[EA] 4 $ 17.31 $ 69.24 Slack Basket for B-Gel Closure -->[EA] 4 $ 40.73 $ 162.92 Commscope CSC100 Micro Closure -->[EA] 10 $ 65.23 $ 652.30 Commscope CSC150 Micro Closure -->[EA] 6 $ 81.95 $ 491.70 TOTAL CR COST CRMaterialsSub total $ 15,908.681 $ 61,411.83 Page 352 of 619 Magellan Sign -Off Print Name / Title: Clayton Johnston VP of Construction Signature: Date: ( /TiQ%t //Ti 9/25/2 7Contractor Manager (not needed for design change requests) 7. Print Name / Title: Signature: Date: Charles Smith 9/25/2025 Regional Managed Client/Owner (Attn) Print Name / Title: Signature: Date: **End** 4 Page 353 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Motion to approve Change Order No. 29 with ITG Communications, LLC, of Hendersonville, Tennessee, for a net increase of $83,074.31, in conjunction with the FY 2023 Construction of a Fiber - to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, 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 354 of 619 1. CR 2025-0029 Waterloo Broadband Change Order Request Page 355 of 619 Change Order Request Change r er a Retainage CITY OF k4 4 TERLOO E COMMUNICATIONS Community o,Opportunity esign/Engineering No Will Be Subject To The Withholdings and Release Set Forth In The Contract Sections 6.2(f)(i) and (ii) Change Order Name: CR-2025-0029 Change Order Cost: i $83,074.31 Construction Contractor Name (At ITG Request Date: 9/23/2025 Magellan Project Manager: Michael Regan Requested By: Client/Owner PM Broadband Implementation Client/Owner (Attu) City of Waterloo/Waterloo Entrust Sign -Off Clayton Johnston Fiber/Eric Lage VP of Construction hange Requ Description of Change (include location) The following Change Order has been created to account for construction labor and materials for an updated design plan in LCP 140. Reason for Change Newly constructed homes in the Prairie Meadows Estates subdivision need to be amended into the original engineering and designs. Waterloo Fiber submitted request to add to the FTTP plan. Labor & material pricing came from the original BoM pricing approved by Waterloo Fiber and the City of Material Submittals/ Specifications Waterloo associated with Contract # 1088 Page 356 of 619 Location Work Order # Itemized Breakdown of Work Description I Quantity Unit Price Amount w Underground - Buried Labor Directional Bore (1) 1", (0) 2", (0)1.25"-->[LF] 2,244 $ 11.95 $ 26,815.80 Install #12 AWG Insulated Tracer Wire-->[LF] 2,244 $ - $ - Rod Existing Conduit and Install Pull Tape-->[LF] 1,265 $ 1.65 $ 2,087.25 Remove existing cable - i.e. coax/twisted pair in street light conduits to re .lace with fiber-->[LF] 3,072 $ 1.35 $ 4,147.20 Installation, Underground Fiber Cable - Including Slack (Micro fiber must be blown in)-->[LF] 6,613 $ 1.20 $ 7,935.60 Installation, Small Vault, 13" x 24" (Composite) -->[EA] 24 $ 150.00 $ 3,600.00 Installation, Vault 24" x 36"-->[EA] 2 $ 240.00 $ 480.00 Sawcut, Remove and Replace Asphalt 6" Thick-->[SgrFt] 15 $ 28.00 $ 420.00 Sawcut, Remove and Replace Concrete 6" Thick-->[SgrFt] 15 $ 32.00 $ 480.00 Splicing Labor Install New Splice Case & Prep Cable -->[EA] 24 $ 200.00 $ 4,800.00 Splicing, Fusion, Single Fiber -->[EA] 10 $ 25.00 $ 250.00 Testing, OTDR, Uni-Directional, Power Meter Testing -->[EA] 53 $ 1.00 $ 53.00 *** ! CRLaborSubtotal $ 51,068.85 Materials Fiber Material 24 CT Micro Fiber Cable -->[FT] 448 $ 0.57 $ 255.36 288 CT Micro Fiber Cable -->[FT] 6,165 $ 2.15 $ 13,254.75 Underground Material 1" HDPE Roll Conduit, Orange - SDR 11-->[FT] 2,244 $ 0.38 $ 852.72 #12 AWG Solid Thhn Insulated Tracer Wire -->[FT] 2,244 $ 0.11 $ 246.84 Small Vault, 13" x 24" - Composite -->[EA] 24 $ 339.52 $ 8,148.48 Vault, 24" x 36"-->[EA] 2 $ 699.76 $ 1,399.52 Closure Material FOSC 450 B Closure -->[EA] 2 $ 282.02 $ 564.04 Splice Tray for B-Gel Closure (SM12)-->[EA] 2 $ 17.31 $ 34.62 Slack Basket for B-Gel Closure -->[EA] 2 $ 40.73 $ 81.46 Commscope CSC100 Micro Closure -->[EA] 2 $ 65.23 $ 130.46 Commscope CSC150 Micro Closure -->[EA] 19 $ 81.95 $ 1,557.05 Patch Panels and Cabinets Material 288F Pad mounted FDH Splitter Cabinet -->[EA] 1 $ 5,480.16 $ 5,480.16 MI CR Materials Sub 32,005.46 TOTAL CR COST $ Page 357 of 619 Magellan Sign -Off Print Name / Title: Clayton Johnston VP of Construction Signature: �//'� /1i Z Date: 9/24/ Contractor Manager (not needed for design change requests) Print Name / Title: Charles Smith Regional Manager0 Signature: Cita/Jed, 3% i Date: 9/25/2025 Client/Owner (Attn) Print Name / Title: Signature: Date: **End** 4 Page 358 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Motion to approve Final Quantity Summary with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of $4,856.30, in conjunction with the FY 2025 Idaho Street Fiber Hut, Contract No. 1112, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve Final Quantity Summary SUMMARY STATEMENT AND BACKGROUND INFORMATION This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a net increase to the total project cost. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Final Quantity Adjustment - Signed Page 359 of 619 Page 360 of 619 CITY OF WATERLOO, IOWA FINAL QUANTITY SUMMARY PROJECT: F.Y. 2025 IDAHO STREET FIBER HUT , CONTRACT NO. 1112 Date Prepared: SEPTEMBER 25, 2025 AMOUNT: $ 6,677.15 Increase TO: VIETH CONSTRUCTION CORPORATION , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated 04/07/2025. A. Description of change to be made or extra work to be done: Adjustment of original construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As -built quantities varied for some bid items due to necessity. C. Settlement for cost of work to be made as follows: Compensation has already been made to the contractor through bid items. See attached summary. Total Net Increase $ 6,677.15 CITY OF WATERLOO BY: VIETH CONSTRUCTION CORPORATION Mayor ATTEST: City Clerk Date CONTRACTOR BY: ��.�-,�� Date PRINTED NAME: filex Ulebe TITLE: p. ^� . APPROVED: ‘;e4 y Engineer ❑tte 9/25/2025 Date Page 361 of 619 FINAL QUANTITY SUMMARY FY 2025 IDAHO STREET FIBER HUT - CONTRACT NO.1112 BID ITEM DESCRIPTION UNIT ESTIMATED QTY UNIT PRICE TOTAL FINAL QUANTITY INCREASE %DECREASE QUANTITY ^ INCREASE j DECREASE COST 1 SUBGRADE PREPARATION SY 478.1 $ 5.00 478.1 0.0 $ - 2 STRIPPING, SALVAGING, AND SPREADING TOPSOIL SY 327.4 5 10.00 327.4 0.0 S - 3 EXCAVATION, CLASS 10 CY 67.1 $ 25.00 67.1 0.0 $ - 4 EXCAVATION, CLASS 10. BORROW CY 53.3 $ 75.00 53.3 0.0 5 - 5 GRANULAR SURFACING, 6 INCH SY 4.4 $ 75.00 4.4 0.0 $ - 6 CONCRETE PAD, PCC, 6 INCH, C-4, CLASS 3 AGG SY 23.3 $ 750.00 23.3 0.0 $ - 7 PARKING LOT, PCC, 7 INCH„ C-4, CLASS 3 AGG SY 454.8 $ 56.00 454.8 0.0 $ 8 SIDEWALK, R & R, 7 INCH, CLASS C-4. SY 22.0 $ 68.00 30.4 8.4 $ 571.20 9 CHAIN LINK FENCE, 8'-0" HIGH LF 128 S 45.00 128.0 0.0 5 - 10 SECURITY GATE, 72" WIDE. 8'-0" HIGH EA 1 $ 1.750.00 1.0 0.0 $ - 11 STRAW WATTLE INSTALLATION, REMOVAL & MAINTENANCE LF 171.0 S 7.25 193.0 22.0 $ 159.50 12 HYDRAULIC SEEDING, FERTILIZING & MULCHING, TYPE 1 SY 327.4 S 8.25 1000.0 672.6 $ 5,548.95 13 MOBILIZATION LS 1.0 5 10.000.00 1.0 0.0 5 CHANGE ORDERS 1001 CURB AND GUTTER REMOVAL LF 105.0 $ 25.00 110.3 5.3 $ 132.50 1002 2-FT. CURB AND GUTTER, 10-INCH THICK LF 105.0 $ 50.00 110.3 5.3 $ 265.00 1003 TRAFFIC CONTROL _ LS 1.00 $ 950.00 1.00 0.0 _ 5 - 2001 MODIFIED SUBBASE, 6 INCH SY 478.1 S 8.50 478.1 0.0 $ - CITY OF WATERLOO APPROVAL CONTRACTOR APPROVAL: VIETH CONSTRUCTION TOTAL PROJECT INCREASE / DECREASE_ 6,677.15] ORIGINAL CONTRACT AMOUNT (4/7/2025) = $ 77,560.10 CHANGE ORDER #1= $ 8,825.00 CHANGE ORDER #2 = $ 4,063.85 FINAL QUANTITY SUMMARY = $ 6,677.15 TOTAL CONTRACT AMOUNT= $ 97,126.10 PAYMENTS TO CONTRACTOR ESTIMATES #1-5 = $ 92,269.80 RETAINAGE = $ 4,856.30 TOTAL PAID TO CONTRACTOR = $ 97,126.10 Page 362 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Motion approving appointment of Daniel Greer from Interim Street Director to the position of Street Director in the Street Department division of Public Works, effective October 7, 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. STREET_ DEPT_DIRECTOR_9.2025 Page 363 of 619 Docusign Envelope ID: BC9AEO3C-35E5-4CD3-BA56-0C0E95DD2760 PERSONNEL REQUISITION FORM Check as applicable: El 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: Street Department Director Department: Public Works - Street Dept Reports To: Public Works Division Manager Work Location: 625 Glenwood Street Employment Status: Regular Full Time LJ Tempormy Full Time from to 0 Regular Part Time 0 Temporary Part Time from to 1111 Regular 7-Month tern/Co-op Student from to Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: Non -bargaining Position: 0 Yes Yes V4 k0.14 Recommended Recruitment Sources: No Internal Posting Only No El Internal Posting and External Advertising Yes Ei No **************************************************************** ** ***** Complete the following if the requisition is to fill a vacancy: ID New Position or RI Replacement Position for: Shawn Fisher (specify, 110111e and title of fonner incumbent) Ifreplacement, former incumbent: Retired/Resigned/Terminated 0 Transferred 0 Promoted Date incumbent terminated employment: 7.26.2024 Anticipated start date: Oct 2025 No. of hours/week: 4 Work schedule: 7:00am — 4:00pm Justification of need for position: Filling a vacancy. What are the likely consequences if the position is not filled? Oversight of street department would be impaired. Street repairs and snow removal operations would be negatively impacted. APPROVALS 1541,02, / 12a ‘ei t — Annual salary requirements: 81,203.20 -112,361.60 Hourly Rate: 39.04 - 54.02 Benefits: it/61)36/ (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? Al Yes 0 No If no, how will position be funded? Approved subject to the following conditions: SubmittingdDepartment Head (—Sign by: 1314:441- Wood Itb bleu 4,bb ilu nail esources4Nininittee Chairperson Date Date 9/11/2025 Date Cl 1-er1ifeNIV1tcer (—Signed by: F utss 9/11/2025 DocuSigned by: Date of final payout: 8.19.2024 9/17/2025 9/11/2025 litTuilVsaiVafbireetor Date at,t4i1A, Ek-0,4(f Mayor (—Signed by: Vikf,f VUMV Date Created 6/30/2017 Page 364 of 619 Docusign Envelope ID: BC9AE03C-35E5-4CD3-BA56-0C0E95DD2760 PERSONNEL REQUISITION STREET DEPARTMENT DIRECTOR The following questions are provided as guidelines to assist you in developing your rational for the position of Street Department Director in the Street 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? The Street Department Director is responsible for co -coordination and supervision of day-to-day field activities related to the maintenance and care of City streets including prioritizing work assignments, coordinating equipment training, monitoring maintenance of equipment, inspecting work performed and responding to citizen complaints. Directly supervises foreman and up to thirty laborers and equipment operators. The work is performed under the general direction of the Public Works Division Manager, but considerable leeway is granted for the exercise of independent judgment and initiative. Will act on behalf of Division Manager in his absence. 2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. The staff within the department does not have the technical skills or abilities to perform all the tasks that are required. Also, not having the necessary knowledge to act on behalf of the Division Manager in his absence. 3) How is the work of this position being accomplished now? There is one Street Department Director but the workload is not sustainable. 4) Are the filled positions inyour •department currently being utilized to their maximum potential? Yes. We have achieved many great things with a cost savings to the City of Waterloo over the last few years, but we can always do better. 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 department to meet the departmental objectives, i.e. knowledge and skill base that exceeds that of the foreman role, ability to handle sensitive information, and technical data keeping. 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. Page 365 of 619 Docusign Envelope ID: BC9AEO3C-35E5-4CD3-BA56-0C0E95DD2760 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. Over the last couple of years, we have implemented a considerable amount of technology in our snow control practices along with more accurate record keeping that demands more skilled office personnel. 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. If the position is not filled, work may not be completed on time and record keeping will decrease. 10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As any position, some jobs cannot be completed within the timelines expected of both the department and the resident. 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? No. This position needs to remain in house with a dedicated candidate on site to handle work flow. 12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? A more professional approach to the work environment as well as with the public on all levels. 13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly impacts the department's ability to propel the Street Department forward to a more modern approach to road repair practices, as well as snow control. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition- form. Page 366 of 619 Docusign Envelope ID: BC9AEO3C-35E5-4CD3-BA56-0C0E95DD2760 TER ,./4 Community a ` IOWA CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA PROMOTIONAL EXAMINATION STREET DEPARTMENT DIRECTOR DEPARTMENT STREET SALARY $81,203.20-$112,361.60 FLSA EXEMPT CIVIL SERVICE EXCLUDED BARGAINING UNIT NON -BARGAINING GENERAL STATEMENT OF DUTIES Assistant Director position responsible for co -coordination and supervision of day-to-day field activities related to the maintenance and care of City streets including prioritizing work assignments, coordinating equipment training, monitoring maintenance of equipment, inspecting work performed and responding to citizen complaints. Directly supervises two foreman and indirectly supervises up to thirty laborers and equipment operators. The work is performed under the general direction of the Public Works Division Manager, but considerable leeway is granted for the exercise of independent judgment and initiative. Will act on behalf of Division Manager in their absence. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Oversees the planning, assignment and supervision of foreman, unskilled laborers and equipment operators in the maintenance of streets, alleys and public works projects such as repairing broken asphalt, street patching, street oiling and seal coating, digging and back filling water and sewer cuts, ditch cleaning, sanding and salting, snow and ice removal, and street cleaning. 2. Reviews and prioritizes Street Department projects on a daily and weekly basis based on weather conditions, and staff, equipment and material availability. 3. Makes daily and weekly work assignments and reviews work of Street Department crews through on -site inspections and consultation with foremen. 4. Monitors maintenance of department equipment and coordinates a training program to ensure safe operation of equipment. 5. Reviews daily log sheets of work performed. 6. Operates passenger -type vehicle, generally pickup truck. 7. Assists the Public Works Division Manager in accomplishing short and long-term goals and objectives for the department. Page 367 of 619 Docusign Envelope ID: BC9AEO3C-35E5-4CD3-BA56-0C0E95DD2760 8. Processes, investigates and responds to citizen complaints, questions and requests for service. 9. Assists the Public Works Division Manager in hiring, evaluating and disciplining department employees. 10. Assumes responsibility for all department functions in the absence of the Public Works Division Manager. 11. Works independently and with others with minimum supervision. 12. Attends work regularly at the designated place and time. 13. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Street Department safety rules and regulations. 14. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Comprehensive knowledge of materials, methods, practices and operating procedures utilized in the maintenance and upkeep of streets, bridges and highways. 2. Knowledge of construction, maintenance and repair of concrete, asphalt and rock roads. 3. Knowledge of occupational hazards associated with and the safety precautions necessary in the operation of street maintenance equipment. 4. Ability to read, understand and work from blueprints, plans and diagrams. 5. Ability to operate a personal computer and learn related software applications like Precise, Weather Sentry, Elements etc. 6. Ability to make decisions regarding work assignments and scheduling and solve production, equipment and tool problems. 7. Ability to plan, assign, supervise and review work of subordinate employees. 8. Ability to make decisions in emergency weather conditions. 9. Ability to respond to questions and discuss street maintenance issues with the public and public officials tactfully and promptly, in a clear, concise and easily understandable manner. 10. Ability to communicate effectively and maintain working relationships with other City employees, supervisors, elected officials and the public. 11. Ability to keep accurate and thorough records of street and equipment maintenance and work performed using electronic management programs. 12. Ability to read, understand and train others on chemical hazard labels. 13. Ability to work with people from a broad variety of social, economic, racial, ethnic, and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Graduation from an accredited college or university preferably with a Bachelor of Science in Construction Management or related field. 2. Minimum five years progressively more responsible experience in street maintenance, public works or related area in all types of weather conditions with minimum one year of direct supervisory experience; prefer hands-on experience in the operation of heavy street maintenance equipment, snow/ice control, seal coating, asphalt and concrete processes, and crack sealing. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 3. Required to possess or obtain an Iowa Class B Commercial Drivers' License (CDL) with air brake restriction and with tank and combination endorsements within 6 months of employment. Good Page 368 of 619 Docusign Envelope ID: BC9AEO3C-35E5-4CD3-BA56-0C0E95DD2760 driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at - fault accidents within a three-year period while driving on City business; three or more at -fault within a three-year period. An applicant's driving record will be reviewed prior to consideration for an interview, prior to offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Speech and hearing that permits the employee to communicate effectively with employees and the public in person, over the telephone or over a radio. 2. Personal mobility that permits the employee to operate a pickup truck safely in all types of weather, to visit work sites all over town, attend meetings and meet with the public both inside and outdoors. 3. Vision to review construction sites, assess road conditions, operate a pickup truck, and train employees on equipment operation and general maintenance. MISCELLANEOUS 1. Must comply with City of Waterloo Residency Policy for Critical Employees (physically reside within thirty -mile radius of Waterloo City Ball -will be given reasonable compliance period as determined by department head). Must maintain a local telephone number in order to be contacted during emergencies. 2. Following a conditional offer of employment, the City of Waterloo requires a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. 3. The City of Waterloo reserves the right to conduct a background investigation including employment and criminal history checks on any applicant being considered for this position. WORK SCHEDULE Generally 6:30 a.m. to 3:30 p.m. Monday through Friday with one -hour unpaid lunch. Must also be available outside these hours for department or City activities or meetings that require the attendance of the Street Director. Significant overtime during weather emergencies, including weekends, evenings, nights and holidays. STREET DIRECTOR 2025 Page 369 of 619 Docusign Envelope ID: BC9AEO3C-35E5-4CD3-BA56-0C0E95DD2760 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 370 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Mayor Department October 6, 2025 AGENDA ITEM TITLE Cathy Schuler, Board/Commission: Main Street Waterloo, Expiration Date:N/A, [New]. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Boards and Commissions Application - Cathy Schuler Page 371 of 619 CITY OF tJ✓ �«LOO CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: � J5 - 3O a. --hy (Name) , request to be appointed to (state preference): 1. 2. Home Phone: CeII Phone:. c IJ�S"-13 Work Phone: Email Address CLd oe •c&'' Home Address 53 J // S+- �,tkt►E'J4��c�,,1- LTq) ip Code oZ- Employer 4� 1 fed L_ I' \(U \Sa Ji I`ris&At-Title ff VP lu►i�t« t'S[u /CP9 Employer Address Zip Code How long have you resided in Waterloo?[ Cfyrs Email address: Ceti joe.:52/ ci Mari, (Cii/ List current membership in organizations and offices held: It VIA III S--- WGt-I-e r (C6 — C) rc o ) 12c4 -1 tc i yi ( (. p i i rJ Ir tie I am available for meetings A.M. 'P,M. \pNoon Evenings I am available to serve on a oard/Commission th entire year: ()Yes ONo If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: 11 `�7 ©- y-ct vs 111 be( t'1 Evect.L-IV€- LeaG,c"V5/� Additional information and comments that may not be evident from information already on this form: References (include phone numbers): --Fir )111 ('Hr5C I 1 - L-f 1i(Yi t1 54i Uf 1 lC S 4 / 1 / I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. Signature Rev 02120(2020 or RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayorAwaterloo-ia.org; PHONE 291-4301 Page 372 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Leisure Services Department October 6, 2025 AGENDA ITEM TITLE Motion to receive and file Leisure Services Commission Board minutes of August 12, 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. Board Minutes 08-12-2025 Page 373 of 619 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, August 12, 2025 300 Jefferson Street The meeting was held in the Cedar Valley SportsPlex Multipurpose Room at 300 Jefferson Street. The meeting was called to order at 7:30. Present: Council Liaison Dave Boesen, Ellen Vanderloo, Jessica Rucker, Robert Welch, Jeremy Kruth, Tom Powers, Tim Moses Staff: JB Bolger, Todd Derifield, Chris Dolan, Travis Nichols Absent: Council Liaison Nia Wilder, Allison Richter, Bob Etringer Ellen Vanderloo called for approval of the agenda. Jessica Rucker motioned to approve the agenda, second by Tom Powers. Ayes: All Nays: None Ellen Vanderloo called for motion for the approval of the July 8, 2025 meeting minutes. Tom Powers motioned to approve the meeting minutes, second by Tim Moses. Ayes: All Nays: None REVIEW OF BILLS Ellen Vanderloo called for approval of the bills. Questions were answered. Motion by Jessica Rucker to approve July 2025 bills, Tim Moses made a second. Ayes: All Nays: None Soldiers & Sailors Park Plaza Dedication & Paramount Park Circle Dedication Members of the Veterans Memorial Hall Commission have requested permission to add to the already existing stone pedestal. Plan to add bronze book top, bronze bust image, and a bronze plaque in honor of Maj. General Evan Hultman. This group also requested permission to add a similar monument pedestal at Paramount Park. Monument would be in honor of General David Cole. Commission is asking permission to approve the naming of the designated area at Paramount Park as David L. Cole Circle along with the construction of the pedestal in the park. Tom Powers made a motion to approve the requested permission to add on to the pedestal at Soldiers & Sailors Park & approve the renaming of the Plaza as Evan L. Hultman Plaza and the adding of the monument pedestal at Paramount Park as well as naming the plaza area as David L. Cole Circle. Jeremy Kruth seconded. All are in favor of these additions/changes. Hermann Miller Park Plaza Dedication Former Mayor Tim Hurley along with Mark Kuiper were present to ask for approval of the designation of Heritage City Plaza at Hermann Miller Park and the proposed improvements show in the conceptual plan. A group of Waterloo volunteers believes that this deserves a permanent memorial. They believe Hermann Miller Park is the best location. They want this memorial to honor the thousands of men and women who helped clothe, feed and arm those who served. Tom Powers made a motion to approve the designation of Heritage City Plaza at Miller Park and the proposed improvements shown in the conceptual plan and was seconded by Tim Moses. All are in favor. Page 374 of 619 STAFF UPDATES Sports and SportsPlex — Bob Etringer The SportsPlex is currently working on cleaning — the lower level has been painted. Painting has started in the upper level. Main entrance lights are scheduled to be cleaned. The north and south signs are needing cleaned and new LEDs. Exterior windows from the pool to the east end entrance have been cleaned by Sparkle Window Cleaning. Events happening at the Sportsplex include Absolute Pro Wrestling that will take place August 301h. The Center for the Arts and the SportsPlex have been working together to get a Liquor License for special events like this one. We are currently working an winter schedules for both the field turf and gym rentals. The gym floor is scheduled to be sanded and repainted in September — this process must happen every ten to fifteen years with it being refinished every two years in between. For sports Summer t-ball and a -ball have started, three fall softball tournaments have been scheduled at the River Front Sports Park. The Mayor's More than Basketball league will start in September after the courts are finished. The 2025 Mayor's Fun Run has been set for Tuesday, September 23rd. All fall and winter sports registrations are open as of August 4th. Byrnes pool is scheduled to close August 17th. Construction, Projects — Travis Nichols The crews continues to do the summer garbage route, restroom and shelter cleanings and park inspections. Park inspections create a list for general maintenance. The crew with assistance from the Forestry crew installed Hope Martin Playground. Due to rain and high-water events, they have not had a chance to do sidewalk or install mulch. We did inspect the playground during the high-water event, and it stayed dry. The Gates and Byrnes Projects are in the punch list phase and once completed can be closed out and sent to council for final approval. Sulentic Shelter Project is still needing corrections to the dirt work. We have three CDBG projects open: Edison/basketball court, Sullivan/swing set and Furgerson Fields/basketball court overlay. We received the swing set for Sullivan and plan to go out to bid for the asphalt overlay at Furgerson Fields Park. Golf and Downtown Area — JB Bolger The construction of the South Hills Maintenance Building is coming along well; progress photos were presented. St. Eds school has coordinated a path through Miller Park for school pick up and drop off. They are hoping using this walking path will help with the large amount of traffic during those times. Currently mowing in the parks is a struggle to keep up with. A lot of the mowing was put on hold to assist in storm clean up. Due to the weather, golf rounds are down slightly from 2024 numbers. The Downtown crew is working on getting downtown ready for both Pride Fest and the Food Truck Festival that will take place in the next coming weeks. Forestry — Todd Derifield Due to the three-day storm, the forestry crew was working sixteen hours for a few days and then ten-hour days. The crew worked on clearing tree/branches from roadways and off vehicles and houses. Everyday they moved down a priority list of removals/clean ups. Throughout the city 36 trees in the right of way were lost. An additional 30 in the parks. With the large volume of debris — Public Works assisted in clean up of branches. Debris from both city and private trees were picked up from curbs throughout the city. Page 375 of 619 Young Arena — Chris Dolan Young Arena was the host site for the Marching against the darkness drill team competition on July 12. This was the fourth year of the event. The locker room flooring project was completed August 5. Summer Ice activities began Monday August 11. Spectator protective netting project is scheduled to be completed by the end of August. Audio system upgrade bids are due Tuesday August 19. The Waterloo Fire Department toured the ammonia ice plant on August 5. The next regular Leisure Services Commission Meeting will be held Tuesday, September 9, 2025. Jessica Rucker made a motion to adjourn the meeting, second by Torn Powers. Ellen Vanderloo adjourned the meeting at 8:50. , Secretary Jessica Rucker ci,266 Date Page 376 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Airport Department October 6, 2025 AGENDA ITEM TITLE Motion to receive and file Airport Board minutes of August 13, 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. Airport Board Minutes of August 13, 2025 Page 377 of 619 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday, August 13, 2025 I. ROLL CALL Chair, David Deeds, called the meeting to order at 12:01 p.m. Board Members Present: David Deeds, Scott Voigt, Chris Bering, Scott Cook Board Members Absent: Arlene Humble, Gwenne Berry, Katy Susong City Officials Absent: John Chiles and Ray Feuss, Council Liaisons Airport Staff Present: Steven Kjergaard, Sheila Combs Additional Attendees: Anthony I lemann, AECOM; Martin Hoel, AOPA; Elliott Lindgren and Carl Byers, Bolton -Monk II. AGENDA AS RECEIVED OR AMENDED III. PUBLIC COMMENTS Martin Hoel asked how long Runway 18-36 will be closed for work being done on the west side of the airfield. Mr. Kjergaard stated that it should reopen August 19h. He also asked how long the ILS will be down. Mr. Kjergaard stated that is FAA -owned and they are most likely waiting for parts. IV. REPORTS A. Airport Director's Written Summary Mr. Kjergaard reviewed the information in his written report. He clarified that the solar lease would be for $50/acre in the initial phases, $375/acre during the construction phase. Farm operations can continue until they are ready to begin construction. Once construction is complete the lease rate starts at $1,400/acre, increasing 2% each year, for the 40-year term. B. Miscellaneous Airport Reports Reviewed miscellaneous monthly reports and discussed July stats. Enplanements exceeded 2,000 for the first time since 2019. 1 Page 378 of 619 V. BOARD APPROVAL A. Approval of Minutes of July 16, 2025 Meeting Mr. Cook moved approval of the minutes of the July 16, 2025 meeting; seconded by Mr. Bering. Ayes: 3. Motion carried. B. Motion to Receive and File July 2025 Expenses Mr. Voigt moved that the July 2025 expenses be received and filed; seconded by Mr. Bering. Ayes: 3. Motion carried. VI. OLD BUSINESS A. Rates and Charges Discussion Mr. Kjergaard showed his updated spreadsheet and stated that he had added several categories. VII. NEW BUSINESS None VIII. STAFF AND BOARD MEMBER COMMENT Board requested verification that the outstanding balance owed to the city has been paid in full. They would also like to see a balance sheet showing all Airport funds. IX. ADJOURNMENT Mr. Cook moved the meeting be adjourned at 12:43 p.m., seconded by Mr. Bering. Respectfully submitted, David Deeds, Chairperson 2 Page 379 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department October 6, 2025 AGENDA ITEM TITLE Liquor Licenses The Brown Bottle, 209 W. 5th Street, Class C, w/Sunday Sales (Renewal)10/21/2026. The Brown Derby Ballroom, 618 Sycamore Street, Class C, w/Living quarters and Sunday Sales (New) 09/30/2026. Casey's #2879, 3260 University Avenue, Class E, w/Sunday Sales (Renewal) 09/30/2026. Casey's 218 Pub, 4010-4018 University Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) 09/30/2026. Chilito's Mexican Bar & Grill, 441 E. Tower Park Drive, Class C w/Outdoor Service/Sunday Sales (Renewal) 08/07/2026 Damon's Sports Bar & Grill, 2122 Kimball Avenue, Class C w/Sunday Sales (Renewal) 10/04/2026 Danny's on Donald, 2401 Falls Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) 10/04/2026. Family Dollar Store #30944, 2206 Kimball Avenue, Class B w/Sunday Sales (Ownership Updates) 07/31/2026. Family Dollar Store #32879, 1608 University Avenue, Class B w/Sunday Sales (Ownership Updates) 03/07/2026. Karma Bar, 309 West 4th Street, Class C w/Outdoor Service and Sunday Sales (Renewal) 10/14/2026. K-ZAR, Inc., 1761 Independence Avenue, Class E w/Sunday Sales (Renewal) 10/13/2026. Rudy's Tacos -Beer Hall -Lava Lounge, Class C w/Outdoor Service and Sunday Sales (Renewal) 09/27/2026. Studio 13 Waterloo, 304 & 308 West 4th Street, Class C w/Sunday Sales (Renewal) 07/31/2026. Walmart Super Center, 1335 Flammang Drive, Class E w/Sunday Sales (Renewal) 09/30/2026. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Page 380 of 619 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS None Page 381 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department October 6, 2025 AGENDA ITEM TITLE Cigarette/Tobacco/Nicotine/Vapor Permits K-Zar, Inc., 1761 Independence Avenue. (Retail Tobacco) 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 382 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department October 6, 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 10.6.25 Page 383 of 619 RIGHT OF WAY BONDS FOR COUNCIL APPROVAL October 6, 2025 7901287797 GUADALUPE GARCIA WATERLOO, IA IA5889181 MCROBERTS CONCRETE & CONSTRUCTION LLC CEDAR FALLS, IA IA 600221 STEVE SCHMITZ CONCRETE CEDAR FALLS, IA Page 384 of 619 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Request by Midwest Development Co., on behalf of the City of Waterloo, to rezone approximately 24.27 acres from "R-1" One and Two Family Residence District to "R-1, R-P" Planned Residence District to construct seventy homes located south of Orange Road and west of Kimball Avenue. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant is requesting to rezone approximately 24.27 acres of land from "R-1" One and Two Family Residence District to "R-1,R-P" Planned Residence District. The zoning ordinance states that "The "R-P" District is intended to provide a means for the development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single -lot method. It is the intent of this Section that the basic principles of good land use planning be maintained and that sound zoning standards, as set forth in this Ordinance, concerning population density, adequate light and air, recreation, open space, and building, be preserved." The site in question was home to the former Orange School, which opened in 1915. It closed after the 2012-2013 school year and was replaced by the new Orange Elementary School located to the northeast. The applicants are requesting the rezone and a separate Preliminary Plat to construct a 70-lot residential subdivision. The lots will have a range between 6,950 square feet (0.16 acres) to 19,186 square feet (.44 acres). The average lot size is 10,815 square feet (0.25 acres). The base "R-1" District has a minimum lot size of 9,000 square feet. 53 of the 70 lots (75%) are larger than 9,000 square feet. Rezoning to the "R-1,R-P" Planned Residence District allows the applicant to situate the lots to fully utilize the land. The lots have a width that is a minimum of 55 feet at the setback distance. For comparison, the nearby Paradise Estates has the width of lots ranging from 50 feet to 160 feet, with an average of 90.5 feet. Paradise Estates also has an average lot size of 18,295 square feet (0.42 acres), with their smaller lots being 10,454 square feet (0.24 acres). The existing residential lots in the area range in size from 0.33 acres to 1.29 acres, with the average lot size being 0.58 acres, however, are primarily developed with ranch or split -foyer home designs, which typically require larger lot sizes and lot widths. According to the United States Census Bureau, 59% of new single-family houses completed in 2024 were on lots that are 8,999 square feet or less. This shows that having lots smaller than 9,000 square feet is not abnormal across the nation, and only 25% of the proposed lots in this development are smaller than 9,000 square feet. Page 385 of 619 The applicant will have 5 tracts in addition to the 70 buildable lots. The applicant will be dedicating Tract A (4.24 acres) to the City as public right-of-way for streets and sidewalks. The street right-of- way is 60' wide. The sidewalks that will be built along all of the streets, including the portions of West Orange Road and Kimball Avenue that border the plat, and will be 4 feet wide. Tracts B and C (2.53 acres collectively) will be privately owned and maintained. They will be used for detention basins for open space and stormwater management. Tract D (0.02 acres) is anticipated to be deeded to the property owner at 155 W. Orange Road. Tract E (0.08 acres) is anticipated to be deeded to the property owner at 6114 Kimball Avenue. There is no commercial use planned for this site. Commercial uses are not allowed in the "R-1,R-P" District, so no commercial uses could go in the development. The Zoning Ordinance requires that the maximum number of dwelling units permitted in the "R-P" District is determined by dividing the net development area by the minimum lot area of the zoning district the development is located in, in this case the R-1 District, and multiplying by 125%. For this development, the net development area is 20.03 acres. The maximum number of dwellings allowed would be 121 dwelling units. The proposed development is well under this maximum by only proposing to build 70 single-family homes. The Preliminary Plat shows that the lots will be built to the setback requirements for the R-1 District. Rezoning to the "R-1,R-P" Planned Residence District allows the applicant to situate the lots to fully utilize the land and the available street frontage. The flexibility with the "R-1,R-P" allows the developer to offer a variety of lot sizes while ensuring the development is aesthetically pleasing and will blend in with existing development in the area. The Planning, Programming, and Zoning Commission recommended approval with a 4-2 vote (Leistikow and Donat voting nay) at their meeting on August 12, 2025. NEIGHBORHOOD IMPACT The proposed rezone would not appear to have a negative impact on the surrounding neighborhood and land use. Although the lots are a little smaller than many in this area, they are very typical of newer subdivisions, including the new Paradise Estates Subdivision being built around the new Orange School site just northeast of the proposed development. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held by the Planning, Programing and Zoning Commission on August 12, 2025 and notice was sent to property owners within 250 feet. The Commission recommended approval of the request on a 4-2 vote. SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION LEGAL DESCRIPTION Page 386 of 619 PART I OF CAPTION The East 29 17/27 rods of the Northeast Quarter of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa, except Parcel "B" of Plat of Survey Doc. #2006-17037, and also except the East 16 rods of the South 38 Y2 rods thereof, and also except that part described as: Commencing at a point on the East line of said Section that is 38'/2 rods North of the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East at right angles 216.5 feet to the place of beginning; And also except that part lying within the following described premises: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter,a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning. PART II OF CAPTION Those parts of the North One -Half of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, And Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section a distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Section a distance of 554.62 feet; thence East along a line parallel with the North line of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning. PART III OF CAPTION A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5TH Principal Meridian in Black Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except Page 387 of 619 that part thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to a point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. AND PARCEL B OF PLAT OF SURVEY AS FILED IN DOCUMENT NO. 2006-17037 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER. ATTACHMENTS 1. Staff Report -Orange School Rezone R1 to R1 RP 2. Overview Map - Old Orange School 3. Aerial Map - Old Orange School 4. 8171-22-7 REVISED REZONE EXHIBIT -Highland Meadows 5. 8171-22-7 Highland Meadows Site Plan 6. Legal Description revised 080425 7. Highland Meadows House Photos Page 388 of 619 August 12, 2025 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Request by Midwest Development Co. on behalf of the City of Waterloo to rezone approximately 24.27 acres from "R-1" One and Two Family Residence District to "R-1, R-P" Planned Residence District to construct 70 homes located south of Orange Road and west of Kimball Avenue. Midwest Development Co., 417 First Avenue SE, Cedar Rapids, Iowa, 52401. The applicant is requesting to rezone approximately 24.27 acres of land from "R-1" One and Two Family Residence District to "R-1, R-P" Planned Residence District in order to construct a new residential housing project. The proposed rezone would not appear to have a negative impact on the surrounding neighborhood and land use. Although the lots are a little smaller than many in this area, they are very typical of newer subdivisions, including the new Paradise Estates Subdivision being built around the new Orange School site just northeast of the proposed development. West Orange Road and Kimball Avenue, both of which are classified as Collectors, serve the site in question. Neither Kimball Avenue nor West Orange Road currently have sidewalks, although the Preliminary Plat is showing that sidewalks will be installed along the length of West Orange Road and Kimball Avenue that are along the portions of the proposed preliminary plat area. If existing homeowners would want further sidewalks on their properties, that would be explored outside of this project. There are no trails in the immediate vicinity. The proposed rezoning area is currently zoned "R-1" One and Two Family Residence District and has been zoned as such since the adoption of Zoning Ordinance No. 2479 in 1969. Surrounding land uses and their zoning designations: North — West Orange Road and Residential zoned "R-1" One and Two Family Residence District South — Agricultural land and residences zoned "R-1" One and Two Family Residence District. East — Residential, Kimball Avenue, agricultural land, and a religious facility zoned "R-1" One and Two Family Residence District and "A-1" Agricultural District. West — Residences and Agricultural Land zoned "R-1" One and Two Family Residence District. R-1 to R-1,R-P Midwest Development Co. Page 389 of 619 August 12, 2025 ORANGE I'i: i lio u�41rd[I all c.LlaIi r11111411, p„ INCJ/�J�, lrU cn4lir0cw: isut cl:teG `44W rs:cUwltrOkalwar o w01 � ts0Er �rrn m�m�ari DEVELOPMENT HISTORY: The surrounding residences were primarily built between 1910 and 1977 and a religious facility built in 1913. BUFFERS/ No buffering or screening will be required as the proposed residential SCREENING: development would be abutting existing residential development. DRAINAGE: A drainage and SWWPP plan will need to be submitted as part of the platting process. The Preliminary plat does show a proposed detention facility. FLOODPLAIN: The area is not in a special flood hazard area as established by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map, Community number 190025 and Panel Number 0311G dated May 8, 2024. R-1 to R-1,R-P Midwest Development Co. Page 390 of 619 August 12, 2025 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: Orange Elementary School is located 1,000 feet to the northeast. Orange was built with two public play areas and basketball courts. There are no other schools in the immediate vicinity, as this is the former Orange Elementary School site. Lichty Park is located approximately 1,300 feet to the northwest, and is 11.5 acres. There are 8" sanitary sewer lines in both West Orange Road and Kimball Avenue. There is a 12" water main line running along both Kimball Avenue and West Orange Road. There are overhead electric lines along the west side of Kimball Avenue and the north side of West Orange Road. The Future Land Use Map designates this area as "Low Density Residential." This request is in conformance with the Future Land Use Map and Comprehensive Plan. The applicant is requesting to rezone approximately 24.27 acres of land from "R-1" to "R-1, R-P". The zoning ordinance states that "The "R-P" District is intended to provide a means for the development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. It is the intent of this Section that the basic principles of good land use planning be maintained and that sound zoning standards, as set forth in this Ordinance, concerning population density, adequate light and air, recreation, open space, and building, be preserved." The site in question was home to the former Orange School, which opened in 1915. It closed after the 2012-2013 school year and was replaced by the new Orange Elementary School located to the northeast. The applicants are requesting the rezone and a separate Preliminary Plat to construct a 70-lot residential subdivision. The lots will have a range between 6,950 square feet (0.16 acres) to 19,186 square feet (.44 acres). The average lot size is 10,815 square feet (0.25 acres). The base "R-1" District has a minimum lot size of 9,000 square feet. 53 of the 70 lots (75%) are larger than 9,000 square feet. Rezoning to the "R-1, R-P" District allows the applicant to situate the lots to fully utilize the land. The lots have a width that is a minimum of 55 feet at the setback distance. For comparison, the nearby Paradise Estates has the width of lots ranging from 50 feet to 160 feet, with an average of 90.5 feet. Paradise Estates also has an average lot size of 18,295 square feet (0.42 acres), with their smaller lots being 10,454 square feet (0.24 acres). The existing residential lots in the area range in size from 0.33 acres to 1.29 acres, with the average lot size being 0.58 acres, however, are primarily developed with ranch or split -foyer home designs, which typically require larger lot sizes and lot widths. According to the United States Census Bureau, 59% of new single-family houses completed in 2024 were on lots that are 8,999 square feet or less. R-1 to R-1,R-P Midwest Development Co. Page 391 of 619 August 12, 2025 TECH REVIEW STAFF ANALYSIS — SUBDIVISION ORDINANCE: This shows that having lots smaller than 9,000 square feet is not abnormal across the nation, and only 25% of the proposed lots in this development are smaller than 9,000 square feet. The applicant will have 5 tracts in addition to the 70 buildable lots. The applicant will be dedicating Tract A (4.24 acres) to the City as public right-of-way for streets and sidewalks. The street right-of-way is 60' wide. The sidewalks that will be built along all of the streets, including the portions of West Orange Road and Kimball Avenue that border the area, and will be 4 feet wide. Tracts B and C (2.53 acres collectively) will be privately owned and maintained. They will be used for detention basins for open space and stormwater management. Tract D (0.02 acres) is anticipated to be deeded to the property owner at 155 W. Orange Road. Tract E (0.08 acres) is anticipated to be deeded to the property owner at 6114 Kimball Avenue. There is no commercial use planned for this site. Commercial uses are not allowed in the "R-1, R-P" District, so no commercial uses could go in the development. The Zoning Ordinance requires that the maximum number of dwelling units permitted in the "R-P" District is determined by dividing the net development area by the minimum lot area of the zoning district the development is located in, in this case the R-1 District, and multiplying by 125%. For this development, the net development area is 20.03 acres. The maximum number of dwellings allowed would be 121 dwelling units. The proposed development is well under this maximum by only proposing to build 70 single-family homes. The Preliminary Plat shows that the lots will be built to the setback requirements for the R-1 District. Rezoning to the "R-1, R-P" District allows the applicant to situate the lots to fully utilize the land the available street frontage. The flexibility with the "R-1, R-P" District allows the developer to offer a variety of lot sizes while ensuring the development is aesthetically pleasing and will blend in with existing development in the area. In the Technical Review Committee meeting, the applicant's asked some clarifying questions about the rezone and plat, but no concerns or comments were expressed by City Departments. The property will be platted under a separate request. R-1 to R-1,R-P Midwest Development Co. Page 392 of 619 August 12, 2025 Picture 1: Looking north toward Orange Road. Picture 2: Looking west from the east end of the property. R-1 to R-1,R-P Midwest Development Co. Page 393 of 619 August 12, 2025 Picture 3: Looking southwest toward back of Kimball Avenue properties. Picture 4: Looking north from the southern end of the property. R-1 to R-1,R-P Midwest Development Co. Page 394 of 619 August 12, 2025 STAFF Therefore, staff recommends the request by Midwest Development Co. on RECOMMENDATION: behalf of the City of Waterloo to rezone approximately 24.27 acres from "R-1" One and Two Family Residence District to "R-1, R-P" Planned Residence District to construct 70 homes located south of Orange Road and west of Kimball Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area as it would qualify as infill development by going on a site with existing infrastructure in place on borders. 2. The request will create new infill lots in a developed part of the city, as this is a former school site. 3. The request is in conformance with the Comprehensive Plan and Future Land Use Map, which shows this area as low -density residential. 4. The request is in conformance with the 2030 Vision Plan, which emphasizes new housing opportunities and development in the City of Waterloo. Skogman Homes has been a leading homebuilder in Waterloo for a number of years in terms of units being built. At over $300,000 per home anticipated, this represents a $21 million+ investment in the community to work and help grow the tax base, add to the population, and grow Waterloo as a community, in close proximity to a newer school for additional students as well. And subject to the following conditions: 1. That the property be limited to single family homes. 2. That the final site plan meets all applicable city codes, regulations, etc., including, but not limited to, parking, landscaping, drainage, etc. R-1 to R-1,R-P Midwest Development Co. Page 395 of 619 City of Waterloo Planning, Programming and Zoning Commission August 12, 2025 A-1 W ORANGE RD W � SIDEHILL= DR 11 LICHTY BLVD R-1= L� BLAINE RD E ORANGE RD West of Kimball Avenue, South of Orange Road Rezone from "R-i" to "R-1, R-P" Midwest Development o..,.,. one ..F a 4 (j '4 s City of Waterloo Planning, Programming and Zoning Commission August 12, 2025 GRACE DR W.ORANGE RD Area to be rezoned SCHOOL') Sourges: Esri, TomTom, Garmin, FAC conrm u — BLAINE RD E ORANGE RD NOAA, USGS, © OpenStreetMap �r the GIS User Community West of Kimball Avenue, South of Orange Road Rezone from "R-i" to "R-1, R-P" Midwest Development Co Pnnn Zr17 pf C.1 w _ > 'J s i 881321226002 EDIN SAHINOVIC 161 W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL 881321201013 DANA L. AND DEBBIE S. MESSERLY REV. TRUST ZONE R-1 CLASS: AGRICULTURE z0 a MOa N ozI.J �a = 1 Q z -)Q ( ) O aoz�NN cozo a 881321226026 ROBERT L. FRIEDLY 145 W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL 1 a F 881321226028 MARVIN C. DE WAARD 139 W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL ORANGE ROAD • \D( I EXHIBIT REZONING PART OF THE N.E.1/4-N.E.1/4, SECTION 21, T88N, R13W WATERLOO, BLACK HAWK COUNTY, IOWA 881321226027 DANIELLE J. DROSTE 129 W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL EXISTING ZONE (R-1) ONE AND TWO FAMILY RESIDENTIAL DISTRICT PROPOSED ZONING (R-1, R-P) RESIDENTIAL DISTRICT WITH PLANNED RESIDENCE DISTRICT OVERLAY • 881321226017 JOHN M. KOCH —ir 6114 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL • 881321226018 JUDY L. AND GARY J. SADLER 6122 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL TIMOTHY 19 881321ANNOESLEY SVR��� 6132 KIMBALL AVE, OF 00N\ ZONE R-1 P0P CLASS: RESIDENTIAL `LO •-- 881321226020 MARGARET A. ROUSSELOW 6142 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL 881321226021 JOSEPH P. MC GOVERN 0`-'• 0g 6150 KIMBALL AVE. 00� I tk2 ZONE R-1 OQPGE CLASS: RESIDENTIAL 881321251007 JULIA K. AND JOHN W. MILLER TRUST 145 BLAINE RD. ZONE R-1 CLASS: RESIDENTIAL 8813221276001 SADLER & SONS LLC 150, 152 BLAINE RD. ZONE R-1 CLASS: RESIDENTIAL 8813221276002 KEVIN D. AND DIANE E. SITTIG 140 BLAINE RD. ZONE R-1 CLASS: RESIDENTIAL 881321226022 TIMOTHY R. EVERETT 6204 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL 881321226023 LUCAS J. AND STEPHANIE N. SCARBROUGH 6220 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL OF o$c�tk2� P- �00� 0 8813221276003 JARED S. AND SCOTT M. HOTTLE 124, 126 BLAINE RD. ZONE R-1 CLASS: RESIDENTIAL 8813221276004 BLAIR E. BOYNTON 6236 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL KIMBALL AVENUE 881321226025 CITY OF WATERLOO W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL 000 0 50 100 150 200 GRAPHIC SCALE IN FEET SCALE: 1"=100' REQUESTER: MIDWEST DEVELOPMENT, LLC OWNER: CITY OF WATERLOO, IOWA COMPANY: HALL & HALL ENGINEERS, INC. 1860 BOYSON ROAD HIAWATHA, IOWA 52233 319-362-9548 EXISTING ZONING AND REQUIREMENTS: (R-1) RESIDENTIAL DISTRICT FRONT YARD SETBACK: 30' SIDE YARD SETBACK: 10% OF THE LOT WIDTH, WITCH IN ANY CASE SHELL NOT BE REQUIRED TO EXCEED 10 FEET REAR YARD SETBACK: 30' MINIMUM LOT SIZE: 9,000 SQ.FT. MINIMUM LOT WIDTH: 75' MAXIMUM HEIGHT/STORIES: 2 1/2 STORIES OR 35 FEET MAXIMUM LOT COVERAGE: 35% SOURCE OF ZONING REQUIREMENTS: CHAPTER 8, SECTION 10-8-1 ONE AND TWO FAMILY RESIDENTIAL DISTRICT, PROPOSED ZONING AND REQUIREMENTS: (R-1, R—P) RESIDENTIAL DISTRICT WITH PLANNED RESIDENCE DISTRICT OVERLAY FRONT YARD SETBACK: 30' SIDE YARD SETBACK: 10% OF THE LOT WIDTH, WITCH IN ANY CASE SHELL NOT BE REQUIRED TO EXCEED 10 FEET REAR YARD SETBACK: 30' MINIMUM LOT SIZE: REDUCED FROM R-1 MINIMUM MINIMUM LOT WIDTH: REDUCED FROM R-1 MINIMUM MAXIMUM HEIGHT/STORIES: 2 1/2 STORIES OR 35 FEET MAXIMUM LOT COVERAGE: INCRESSED FROM R-1 MINIMUM SOURCE OF ZONING REQUIREMENTS: CHAPTER 8, SECTION 10-8-1 ONE AND TWO FAMILY RESIDENTIAL DISTRICT, LEGAL DESCRIPTION PART I OF CAPTION The East 29 17/27 rods of the Northeast Quarter of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Block Hawk County, Iowa, except Parcel '8" of Plot of Survey Doc, #2006-17037, and also except the East 16 rods of the South 38 / rods thereof, and also except that port described as: Commencing at a point on the East line of said Section that is 38 '/ rods North of the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East of right angles 216.5 feet to the place of beginning; And also except that port lying within the following described premises: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter,a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning. PART II OF CAPTION Those ports of the North One—Holf of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Block Hawk County, lowo described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, And Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section a distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Section a distance of 554.62 feet; thence East along a line parallel with the North line of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning. PART III OF CAPTION A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5TH Principal Meridian in Block Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except that port thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. AND PARCEL B OF PLAT OF SURVEY AS FILED IN DOCUMENT NO. 20077008542 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER. CITY OF JATERLO COrnMuntryof Opporm . INCLUDE PARCEL B PLAT OF SURVEY Revision Descrip ion N c\ ‘71- Revision Number & Dote Sheet Title: M z 00 DO H N 0 U p Ww• H W O laq Designed by DLK Drown by: DLK Checked by Date: 6/18/2024 Field Book No: SKO 21 Scale: 1 "=100' Sheet: 1 of 1 Project Number: 8171-22-7 Aug 04, 2025 — 11:12om Plotted By : CAD File: I:\projects\8100\8171-22—Skogmon\8171-22-7 Oronge Rood, Woterloo\DWG\Plats\8171-22-7 REZONE EXHIBIT 3D2024.dwg Dote Plotted Page 398 of 619 UTILITY LEGEND -EXISTING (5S8) ( S T 1 5 ) (FM6) (W8) - - -(G)- - - -(G) - --(S)----(S)- - - - - (OHE)- - - - (OHE)- - - - - (E) - - - - (E)- - - - (C)- - - - (C)- - - - - (OHC)- - - - (OHC)- - - --(OHT)- - --(OHT)- - - - - (F)- - - -(F)- (T)- - - -(T) // // (FP) (FW) (CORP) - - _ 800 - m ® OR p 0l 171 ®GV SANITARY SEWER W/SIZE STORM SEWER W/SIZE SUBDRAIN FORCE MAIN W/SIZE WATER MAIN W/SIZE GAS STEAM ELECTRIC -OVERHEAD ELECTRIC -UNDERGROUND CABLE TV -UNDERGROUND CABLE TV -OVERHEAD TELEPHONE -OVERHEAD FIBER OPTIC -UNDERGROUND TELEPHONE -UNDERGROUND FENCE LINE FLOODPLAIN LIMITS FLOODWAY LIMITS CITY CORPORATE LIMITS CONTOUR LINE LIGHT POLE W/O MAST LIGHT POLE W/MAST TELEPHONE POLE POWER POLE GUY ANCHOR GUY POLE TELEPHONE PEDESTAL TELEPHONE MANHOLE CABLE TV PEDESTAL UTILITY/CONTROL CABINET SANITARY MANHOLE STORM MANHOLE GRATE INTAKE RA-3 INTAKE RA-5 INTAKE RA-6 INTAKE RA-8 INTAKE HORSESHOE CATCH BASIN W/O FLUME HORSESHOE CATCH BASIN W/FLUME GAS VALVE FLARED END SECTION CLEANOUT, STORM OR SANITARY TRAFFIC SIGNAL W/MAST BOLLARD BENCHMARK STREET SIGN WELL FIRE HYDRANT SITE PLAN FOR HIGHLAND MEADOWS ADDITION IN THE CITY OF WATERLOO, BLACKHAWK COUNTY, IOWA UTILITY LEGEND -PROPOSED SS8 ST18 FM6 W8 CORP OR 1I ol1 lor /aL4JL_ 0 OR (D 460 SURVEY LEGEND SANITARY SEWER W/SIZE STORM SEWER W/SIZE FORCE MAIN W/SIZE WATER MAIN W/SIZE CITY CORPORATE LIMITS SANITARY MANHOLE STORM MANHOLE GRATE INTAKE RA-3 INTAKE RA-5 INTAKE RA-6 INTAKE RA-8 INTAKE HORSESHOE CATCH BASIN W/O FLUME FLARED END SECTION CLEANOUT, STORM OR SANITARY FIRE HYDRANT WATER VALVE WATER SHUTOFF WATER BLOWOFF O • A • () PLANT LEGEND SET REBAR W/CAP NO. FOUND SURVEY MONUMENT AS NOTED FOUND RIGHT OF WAY RAIL SECTION CORNER SET AS NOTED SECTION CORNER FOUND AS NOTED CUT "X" IN CONCRETE RECORDED AS EASEMENT LINE PLAT OR SURVEY BOUNDARY PLAT LOT LINE CENTERLINE SECTION LINE 1/4 SECTION LINE 1/4-1/4 SECTION LINE EXISTING LOT LINE BUILDING SETBACK LINE DECIDUOUS TREE CONIFEROUS TREE DECIDUOUS SHRUB CONIFEROUS SHRUB TREE STUMP TREE LINE DRIP EDGE NOTE: THIS IS A STANDARD LEGEND. SOME ITEMS MAY NOT APPEAR ON DRAWINGS. LOCATION MAP (1„=700') J to to w a J a S W SIDEHILL DR LICHTY BLVD PROJECT LOCATION E ORANGE RD HAWKEYE RD NOTES THIS PLAN IS CONCEPTUAL REPRESENTATION OF THE PROPOSED DEVELOPMENT. ANY RELATED IMPROVEMENTS REQUIRED BY THIS DEVELOPMENT SHALL MEET THE REQUIREMENTS OF SUDAS DESIGN STANDARDS MANUAL AND CITY OF WATERLOO CONSTRUCTION STANDARDS AND REQUIREMENTS. ANY FINAL PLAT REQUIREMENTS SHALL MEET IOWA CODE AND CITY OF WATERLOO REQUIREMENTS. LEGAL DESCRIPTION PART I OF CAPTION The East 29 17/27 rods of the Northeast Quarter of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa, except Parcel "B" of Plat of Survey Doc. #2006-17037, and also except the East 16 rods of the South 38 1/2 rods thereof, and also except that part described as: Commencing at a point on the East line of said Section that is 38 1/2 rods North of the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East at right angles 216.5 feet to the place of beginning; And also except that part lying within the following described premises: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter,a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning. PART II OF CAPTION Those parts of the North One -Half of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, And Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section a distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Section a distance of 554.62 feet; thence East along a line parallel with the North line of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning. PART III OF CAPTION A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5TH Principal Meridian in Black Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except that part thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to a point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. AND PARCEL B OF PLAT OF SURVEY AS FILED IN DOCUMENT NO. 20077008542 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER. SHEET INDEX 1. COVER 2. SITE PLAN TITLEHOLDER: CITY OF WATERLOO 715 MULBERRY STREET WATERLOO, IA 50703 NOEL ANDERSON noel.anderson@waterloo-ia.org ZONING APPLICANT: MIDWEST DEVELOPMENT CO HUNTER SKOGMAN 417 1ST AVENUE SE CEDAR RAPIDS, IA 52401 hskogman@skogman.com EXISTING: PROPOSED: R-1 - ONE AND TWO FAMILY RESIDENCE DISTRICT R-1, R-P - PLANNED RESIDENCE DISTRICT DIMENSION STANDARDS PROPERTY ADDRESS SOUTH OF ORANGE ROAD, WEST OF KIMBALL AVENUE SITE CHARACTERISTICS SINGLE UNIT, DETACHED: TOTAL NUMBERED LOTS: TRACTS: TOTAL UNITS: TOTAL AREA: TOTAL AREA (EXCLUDING TRACTS): DENSITY: 70 LOTS (LOTS 1-70) 70 LOTS 5 TRACTS 70 UNITS 24.27 ACRES 17.66 ACRES 2.88 UNITS/ACRE LOT REQUIREMENTS R-1, R-P SINGLE UNIT, DETACHED LOT SIZE (SF, MIN) 6,900 WIDTH AT SETBACK (FT, MIN) 55 COVERAGE (%, MAX) 40 (22% AVERAGE) STREET CLASSIFICATIONS INTERIOR LOTS: BUILDING PLACEMENT SETBACKS (FT) R-1, R-P SINGLE UNIT, DETACHED INTERIOR LOTS FRONT 30 SIDE 10% OF LOT WIDTH OR 10' MAX REAR 30 CORNER LOTS: BUILDING PLACEMENT SETBACKS (FT) R-1, R-P SINGLE UNIT, DETACHED FRONT 30 INTERIOR SIDE 5 CORNER SIDE 15 REAR 30 DESIGN DATA - URBAN STREET CLASSIFICATION STREET WIDTH R.O.W. WIDTH DESIGN SPEED PAVEMENT THICKNESS HIGHLAND MEADOWS DRIVE LOCAL 28' 60' 30 MPH 7" PCC WILLOWBROOK WAY LOCAL 28' 60' 30 MPH 7" PCC BRIDGEWOOD COURT LOCAL 28' 60' 30 MPH 7" PCC OAK HILL WAY LOCAL 28' 60' 30 MPH 7" PCC Contact Person JASON STONE Telephone Number (319) 362-9548 Fax Number (319) 362-7595 E-Mail Address jasons@halleng.com Mailing Address 1860 Boyson Rd Hiawatha, IA 52233 Date Submitted 06/18/2024 Date Revised 08/04/2025 Date Revised `1�°�rFRioo IOWA Contrnaffifly of Opprortimi Cy Revision Description Revision Number & Date w z 0 1- Designed by: JGS Drawn by: JGS Checked by: LMH Date: 08/04/2025 Field Book No: Scale: Sheet: HALL AND HALL PROJECT NUMBER: 8171-22-7 1 of 2 Project Number: 8171-22-7 Page 399 of 619 \ OVERFLOW ELEVATION EXISTING 12" CULVERT TO REMAIN / EXISTING CEMETERY ACCESS TO REMAIN .--1 0, �zw0�• o ¢ Y• LLI Z KENLU w BASIN SPILLWAY, 35' WIDTH ELEVATION = 954.00 EXISTING 24" CULVERT TO BE REMOVED TOP OF BERM TOa DIRECT DRAINAGE TOWARDS KIMBALL AVE 2' WIDTH (TYP.) TO BE RELOCATED 7 / T n- �- -(°Hn- Bonn- - - -(�--- SWALE #2 GRADE SWALE AT MIN 1.5% 6' BOTTOM WIDTH, 0.5' DEPTH 4 c tn cn >- cc U W W W U \ 1 TION TTED PCR UNN E 1 / -TaaN R13w SECTION / 21, / MESSERLY DANA L REV TRUST MESSERLY, DEBBIE S REV TRUST, 2135 W GRACE ST OLATHE, KS 66061 / 972/ / 975 91'1 LOT 37 11,942 SF ( 0.227 AC LOT 41 16,718 SF SWALE CREST 962 0.38 AC Ir- \ - -- - -- --.._1-,c,�-- -- -I \ PORTION OF ACCESS ON z LOT 50 TO BE REMOVED - _ '6./ -:_c, 62' 62 - - LOT 49 , 9,299 SF 0.21 AC PER FIRE CODE 1.50AC PROPOSED DRY BOTTOM DETENTION BASIN 2 PORTION OF ACCESS ON TRACT C TO BE REMOVED LOT 51 7,658 SF 4_ 0.18 AC LOT 36 9,408 SF 0.22 AC I A d!A 41v. TOP OF BERM 6' WIDTH, 24 _ ELEVATION = 955.00 EXISTING GRAVEL ACCESS TO BE RELOCATED WITHIN 24' STRIP \ AND PAVED AT 12.5' WIDTH. PAVED ACCESS TO SERVE AS OVERFLOW \ -ROUTE FROM DETENTION BASIN 2 MIN 1.0°/O AND 1.25' DEPTH -(G) �� (G)(OHE)t ) )- - -3 (G)- ac(G) - (F)(F)_ / \ I p JQ -972. -is / I�aa I °aa \ I Baal / J~ate \ Q�¢., \ \� w ', ° Irmo / zmo I mo l ( �Wmo \ I 1 (� m . \�- wtn>o �// / - / /� Y I I 1 W uJ Y 0 1 // ;W J Y OJ \ 9�7- �U Z J'n/ 1 mow pew / // �W�w / WZMw // / �O¢NW �¢: ce I / w� // //U� _/ �/ /� () oQ;j,/ z¢ oQ \ i\�ui�-�=00---- I / /•��� O(1/1j \ I I\\ \\ o�W /_ / I\ I//--v/ I I/-_ I 1 I OgkIC� / i I` 1970��/ U,�~ I \ 1 III I J ZTE� YE 1 14'g1314 ` \ \ , 1 - / \ ` g,� 8 I TRACT E v co Lc) op. ���YS'p' 1I A- �8a1`Z, 1 \ \ - 7 \ I / / 0.08 AC 67 - \ \ `I� \ \ \__/ \ \,.. -- _ / - - SWALE #3 GRADE SWALE AT MIN 2.0% 6' BOTTOM WIDTH, 0.75' DEPTH 967 _ 0.22 AC 963.73 LOT 33 19,186 SF 0.44 AC 967- 965.95 TURNAROUND PER FIRE CODE CENTERED ON LOT LINE 12,562 0.29 LOT 32 \\ 68 14,053 SF \ 0.32 AC OVERFLOW 62> ELEVATION R250' � 9 1" \ LOT 30 \ �/ 9,304 SF'96t //r1, - 0.21 AC //i() - �.1 `o r - I I ' III! LOT 29 - a / 9,135 SF / / 0.21AC a,\ \ \- - MINN MN I / I II III LOT 55 I� LOT 56! 11,925 SF I' I 10,557 SF 0.27 AC I/ 0.24AC I I I �/� /I �1 /II \I l 4- i9s. I I I I i� .� �� z=-- I A / -- �4� 1 �, I i N E 1�4 N•E•1/ R13IN L/ 1 TgBN, I _ 11 I SECTION . 2' I () -1 1 s� I I \ I I I I I I I LOT 28 I LOT 27 MI LOT 26 I MI /LOT 25 i / 11,427 SF 8,160 SF 8,084 SF 1 :H 7,759 SF I 7 I 1 v h 0.26 AC 1 0.19 AC 1 0.19`AC 10.18 AC a I I a. I , u- / � i ° 1 10 [LOT 24 co l l 11 i I ,.�u i I ./ l 12,643 SF •f�,.=smairmaalla•- -it_ Itumor IIAMs,�.i N rg m CI �E, I OAK HILL, WAY atomikrr�emnaMr,�n, nr Mt�'�lF1t�U�talta/-�(/tial! / MILEIMINWi 111 In o n o 9/ `976 r ,t Ir I I LOT 58 ' / \ \R33 i11i I I ALA• /- 8,712 SF \ \ �Ju 12 �ti 10.20 AC `\ I r1•r� 1 17^ k), _ 911 ' �. 1 I /9) ,LOT 57 / 10,559 SF _ 0.24 AC I LOT 15 \ 10,960 SF \ 0.25 AC / / / 1 / 7 SAHINOVIC, EDIN/ / / / / % SAHINOVIC, SACA / / \ 7 / 161 W ORANGE ROAD / / / / WATERLOO, IA 50701 / / / I / i� / 2 / / /( // 978- / / /� . / .1/ / / 11 II / / / / / g p / / ��� // /() '\// / // / / 7 7 Oj(6 / / / / / - / / / / / / / 7 JOHNSON, JENNIFER A ---' 7 155 W ORANGE ROAD / / / / 7 - / ---.- WATERLOO, IA 50701 / / / I / / I / 7 / TRACT Di9/ // 2 / // 0.02 AC // /// / / / 7/ /// �o /J.9g5/- / / ��-� ---- 7 //�7/ 986 --- 7 / -- / -- / -- -- 1 // 987 7 FRIEDLY, ROBERT L 7 I I I LOT 10 1 l 15,614 SF 1/0 1 0.36AC SZ O c\I I r � • 1 °' LOT 91 o? onNI 11,957 SF a i 0.27 AC \ I \ I I \ I \_, - -OHO) - - - -(3H0) (3H0)� --(3HO)" (0)___-0)_ - '_(0)_\_ _(0)__ _(0)__ (F)____l _ (0__ _(0________ n) �T(zun) / i(ZIM) (� /,) / (zun) -(1HO)- - --(iHO)- - -�(1 _ / -- /\/ p �\ \ �� 948' ▪ - �p��' ,9h I g i SOUTH WATERLOO - / 1 I ( 1 I I / 7 CHURCH OF BRETHREN .7 CAVANAUGH, LYNNE A / / 6227 KIMBALL AVE / I / 6205 KIMBALL AVE / / WATERLOO, IA 50701 / 7 WATERLOO, IA 50701 - - I I I / /I / I l \\ arl)' (zun) (OHT)- -ORT). (OHT) 1 1\]oO 7 co 0) • Q10 I /HARBAUGH, IS RI/ / 6145 KIM E / WATERLOO, 701 \ I I/ IA 50 zIM) b/ i DENN BALL AV I 1 1. / ) KIMBALL AVENUE » co Mm- 7.0 k0 TRACT A 4.24 AC 60' ROW (z, ) (z IM) i REMOVE EXISTING SANITARY MANHOLE AND 6" PIPE 1MT (zM�)/ ) I (zIM) (zw) PLUG END OF PIPE �YH - - -( HO)- - - /(1H0)- .-liHO)- - --(1HO)- - --(1i40)- - -I -ot -((OHT)_-(OHz)-- / LOT 63 10,979 SF N 0.25 AC 11,274 SF\ -(0) -( - - �IM) (zlM 6'' EXISTING UTILITY POLE TO BE RELOCATED - L / / gSg,FRIEDLY, W ORANGE ROAD 7 / 145WATERLOO, IA 50701 �' _990. .- I \ ---- .77 / / 9\ i / - 7 7- 10 // m` .00 I / 1 / YLp,��� � s• � 4•110 1 �\ - ko y,A 21, le \ 1 \ I / SEC,1._- - - \ ` 1 \ \ \I I II // I \1 1 1 1 / / \ / I I 1 I / \/1 / I I/ I // // l j I , \ \ - - 994 / / J I I I \ DE WAARD, MARVIN C_ / /� / I DE WAARD, CHERYL K J / 2 / /- 139 W ORANGE ROAD \ WATERLOO, IA 50701 I 1 / / / Ir- \ -/7 j,0/ /// -/l 1/r �2l \ / _ 9g / / / / / \\ /'/ J/ // g8g• / / j// / J/ / / ^_/ LOT 6 \ 11,019 SF 0.25 AC ,- LOT 5-984 11,445 SF/ 0.26 AC .9 EXISTING 48" TREES TO REMAIN (3 TOTAL) LOT 701 ') (13,951 SF J rn 0.32 AC i Z CC MI ¢ p ¢m¢� O .▪ a;-0 --� LU S Y _ Z Z H `mom ��`°� IN - -GREIMAN, DUSTIN L &- 11 / GREIMAN, AMBER Ni 70 E ORANGE ROAD SSC1 \III! I �• c2„ \ \ GREIMAN, DUSTIN L & GREIMAN, AMBER M 6101 KIMBAL AVE - WATERLOO, IA 50701 \ I I WATERLOO, IA 50701 1 SO)_ _ - -( / i9(0 - / i ., 1 / �co / 7 /// �� .®®®. "* _7 / / / / \�I• .• _ \/ / / S/ /� ,C(66(O/ ( // /// ,/ �j �o�9gA� \ ///� DROSTE, DANIELLE J / / / / 129 W ORANGE ROAD- /// / / /'WATERLOO, IA 50 O120. / / // / / / 7 /980 /I I / / / 1 919 I /. .. / / / / 7 / / / /g78 / LOT 2 / 7,310 SF 0.17 AC II TRACT B 1.03 AC PROPOSED /4DRY BOTTOM IL DETENTION 11 /BA5IN 1 II (z r rrr:irr• :.. VARIES, 55' MIN ___ , , I I 10% WIDTH OR rn , , APPROXIMATELY 70% >- OPEN SPACE SETBACK (5' MIN) RIGHT-OF-WAY LINE SINGLE FAMILY DWELLING r 30' FRONT YARD SETBACK 4' PCC SIDEWALK Lu 4' PCC SIDEWALK I. TYPICAL R-1, R-P LOT WITH SINGLE FAMILY DWELLING 7" 'WATERLOO, IA 50701 -96 BUCHANAN ANDERS, AMY 110 W ORANGE ROAD WATERLOO, IA 50701 - GRADE SWALE AT MIN 2.6°/o EXISTING TREES TO REMAIN ,- --- TOP OF BERM, 6' WIDTH OPEN CUT KIMBALL AVE -• ----------------------------- / SERVICE TO LOT 70 / BORE SANITARY / / OPEN CUT KIMBALL AVE (DI TO INSTALL WATER SERVICE - 60� 9' / �5 �58- GREIMAN, DUSTIN L 8(7 ELEVATION = 966.50 EASEMENT LEGEND @ UTILITY EASEMENT (10' UNLESS OTHERWISE LABELED) • STORM SEWER EASEMENT (20' UNLESS OTHERWISE LABELED) • DRAINAGE EASEMENT (20' UNLESS OTHERWISE LABELED) 0 DRAINAGE, STORM SEWER, AND SANITARY SEWER EASEMENT (25' UNLESS OTHERWISE LABELED) 0 PUBLIC DRAINAGE AND PRIVATE STORM SEWER EASEMENT (12' UNLESS OTHERWISE LABELED) PUBLIC SANITARY SEWER EASEMENT (12' UNLESS OTHERWISE LABELED) PUBLIC WATERMAIN EASEMENT (12' UNLESS OTHERWISE LABELED) PUBLIC WATERMAIN AND ACCECSS EASEMENT (10' UNLESS OTHERWISE LABELED) PUBLIC ACCECSS EASEMENT (10' UNLESS OTHERWISE LABELED) 30 60 90 120 GRAPHIC SCALE IN FEET Revision Description Revision Number & Date oes 001 I co cool 0 di coz co www.halleng.com Co w Oa • ce o 8 cA z u 0 4t 0- . w z Sheet Title: Designed by: JGS Drawn by: JGS Checked by: LMH Date: 08/04/2025 Field Book No: Scale: Sheet: 2 of 2 Project Number: 8171-22-7 Lu CO Ln PP03.dwg Date 00 (13 0 4-1 co cu Csl Skogman\8171 co co 0 0 Page 400 of 619 LEGAL DESCRIPTION PART I OF CAPTION The East 29 17/27 rods of the Northeast Quarter of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa, except Parcel "B" of Plat of Survey Doc. #2006-17037, and also except the East 16 rods of the South 38 1/2 rods thereof, and also except that part described as: Commencing at a point on the East line of said Section that is 38 1/2 rods North of the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East at right angles 216.5 feet to the place of beginning; And also except that part lying within the following described premises: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter,a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning. PART II OF CAPTION Those parts of the North One -Half of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, And Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section a distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Section a distance of 554.62 feet; thence East along a line parallel with the North line of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning PART III OF CAPTION Page 401 of 619 A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5TH Principal Meridian in Black Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except that part thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to a point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. AND PARCEL B OF PLAT OF SURVEY AS FILED IN DOCUMENT NO. 2006-17037 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER. Page 402 of 619 _ ..m�•=fin ��mo��M� M�� w��rms -YY1 YFi-� I.M. ..•y MIZZIN IM4 OM =MN - - IW1 MO -r MP WO HIGHLAND MEADOWS ADDITION SKoeMANerat��� home building yri& EXAMPLE LJA� ACC ALJATAC . .wu�w HOUSE PHOTOS HOMES Page 403 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Sale and conveyance of approximately 24.3 acres of city -owned property, located at the southwest corner of Kimball Avenue and West Orange Road, in the amount of $1.00, to Midwest Development Company, with a Development Agreement for the construction of approximately seventy single-family homes. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a resolution to enter into a development agreement with Midwest Development Company to authorize the sale and conveyance of approximately 24.3 acres of land for $1.00, and an infill incentive grant of $350,000.00, and economic development grant for public improvements up to 50% of the cost of the public improvements, located at the southwest corner of Kimball Avenue and West Orange Road, for the construction of 70 single-family homes. The infill incentive will go to a third -party purchaser, and each housing unit grant is not to exceed $5,000.00. This land location is the site of the former Orange Elementary School and Waterloo Community School District's bus barn. The school was relocated to the northeast, and the bus barn was relocated to a more centrally located location at 1601 Black Hawk Street. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact upon the surrounding area, and this project aligns with the Elev8 housing policy approved by the city council to create more housing development and opportunities in Waterloo. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Economic development, land use, housing. COMMUNITY ENGAGEMENT METHODS Public meetings have been held with the Orange Neighborhood Association, along with public hearings for the rezoning request at the August 12, 2025 Planning, Programming and Zoning Commission. Page 404 of 619 SOURCE OF EXPENDITURES Nuisance Bonds or TIF. ALTERNATIVE ACTION LEGAL DESCRIPTION PART I OF CAPTION The East 29 17/27 rods of the Northeast Quarter of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa, except Parcel "B" of Plat of Survey Doc. #2006-17037, and also except the East 16 rods of the South 38'/z rods thereof, and also except that part described as: Commencing at a point on the East line of said Section that is 38'/z rods North of the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East at right angles 216.5 feet to the place of beginning; And also except that part lying within the following described premises: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter,a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning. PART II OF CAPTION Those parts of the North One -Half of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, And Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section a distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Section a distance of 554.62 feet; thence East along a line parallel with the North line of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning. PART III OF CAPTION A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5TH Principal Meridian in Black Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point Page 405 of 619 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except that part thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to a point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. AND PARCEL B OF PLAT OF SURVEY AS FILED IN DOCUMENT NO. 2006-17037 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER. ATTACHMENTS 1. Development Agreement (09-30-2025) 2. Preliminary Plat 3. Aerial Map - Old Orange School 4. 8171-22-7 Rezoning Exhibit 5. Highland Meadows House Photos 6. 2025 09-29 Highland Meadows Site Overview Plan Page 406 of 619 Preparer: Austin J. McMahon, Lange & McMahon, PLC, 222 1st St. E., Independence, IA (319) 334-4488 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 2024, by and between Midwest Development Co. ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. The City owns or will become the owner of real property formerly known as the Orange School site and includes, but is not limited to, the Parcel Nos. 8813-21-226-025, -024, -010, -012, -999, -015 and -013, and as described in Exhibit A attached hereto (the "Property"). The Property is or will be part of the Highland Meadows Urban Renewal Area. B. Company is willing and able to develop improvements on the Property as set forth in this Agreement, including but not limited to, the development of sixty-three (63) to seventy- two (72) housing units and public improvements related thereto. C. The City considers housing and economic development to be conducive to the promotion of the overall good and general welfare of the City. The City believes that the development and improvements to be undertaken and completed pursuant to the terms of this Agreement are in the vital and best interests of the City and comport with the public purposes and provisions of applicable State and local laws and requirements under which the development and improvements have been undertaken and are being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Definitions. In addition to other definitions set forth in this Agreement, all capitalized terms used and not otherwise defined herein shall have the following meanings unless Page 407 of 619 a different meaning clearly appears from the context. The meanings below apply to the singular and plural forms of each term defined. Economic Development Grant means the Tax Increment payable by the City to the Company in accordance with the terms of this Agreement and Iowa law. Housing Unit means a single-family dwelling or residence. Improvements means or refers to the construction and development obligations as set forth in this Agreement, including but not limited to, Housing Units and Public Improvements. Public Improvements means the construction or installation of sidewalk ramps at street intersections, sidewalks adjacent to stormwater detention facilities, sidewalks adjacent to parks or other green spaces, streets, sanitary sewer, storm sewer, stormwater detention, water infrastructure, and erosion control measures to be completed by Company as to Development Property to allow for the development of Housing Units on the Development Property under this Agreement, which shall be dedicated to the City upon acceptance by the City. Development Property and Property mean the real property described in Exhibit A which is part of or will be part of the Highland Meadows Urban Renewal Area. Tax Increment means the property tax revenues divided and made available to the City in one or more Urban Renewal Tax Increment Revenue Funds created in connection with this Agreement and pursuant to Iowa Code § 403.19 and one or more duly passed Ordinances. Urban Renewal Tax Increment Revenue Fund means or refers to one or more special funds of the City created pursuant to Iowa Code § 403.19(2) and one or more duly passed Ordinances, which funds will be created in order to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed, or otherwise, including bonds or other obligations issued under the authority of Iowa Code Chapters 15A, 403, or 384, incurred by the City to finance or refinance in whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Highland Meadows Urban Renewal Area and pursuant to this Agreement. It is anticipated that more than one tax increment financing district will be created in connection with this Agreement. Qualified Costs and Expenses means the costs and expenses incurred by Company necessary to construct the Public Improvements, whether incurred prior to or after the date of this Agreement, including costs for acquisition of right of way, easements, landscaping, mass grading, additional grading necessary for Public Improvements as determined by the City Engineer, drainage, paving, underground utility connections for private property located in the streets, engineering, plans and specifications, labor, materials, supplies, equipment use and rental, delivery charges, overhead, mobilization, and legal fees directly associated with completing the Public Improvements. Qualified Costs and Expenses also includes up to 24 months of interest incurred to finance completion of the Public Improvements measured from the dedication of the Public Improvements to the City. To constitute Qualified Costs and Expenses, the costs and expenses Page 408 of 619 must be incurred by Company specifically for the completion of those Public Improvements that are dedicated to and accepted by the City. 2. Sale of Property; Title. Subject to the terms hereof, City shall convey to Company for the sum of $1.00 (the "Purchase Price") the Property described in Exhibit A attached hereto. Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements serving the Project Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Improvements, 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. 3. Improvements. Company shall develop the Improvements on the Property as described below. Company anticipates developing the Improvements in Phases, said Phases being shown in the layout plan or site plan attached hereto as Exhibit B ("Layout Plan" or "Site Plan"), and develop the Property as set forth in the Layout Plan or Site Plan .Company acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence. Company agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to its condition, its marketability, or its fitness for any particular purpose, but City may assist Company in correcting any defective conditions not readily observable or ascertainable upon visual inspection. Without limiting the foregoing or any other term of this Agreement, Company shall: (a) Take all reasaonble measures necessary to prepare the Property for development of Improvements; (b) Create a subdivision, including therein such dedications, easement reservations, and restrictions as are required by or acceptable to City, and with respect to in accordance with the Layout Plan or Site Plan; (c) Substantially Complete to a finished state the Housing Units depicted or set forth in the Layout Plan or Site Plan; (d) Install all Public Improvements (including the extension of water and sewer) as generally depicted in the Layout Plan or Site Plan and dedicate the same to the City; (e) Extend water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on Phase Property and for payment of any associated connection fees. (f) Be responsible for removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping. Construction or development, including with respect to Public Improvements, and finishing as described in each of the foregoing clauses are referred to collectively as the Page 409 of 619 "Improvements." Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of applicable local, state, and federal laws and regulations before the Improvements may be lawfully constructed. The Improvements must be completed in compliance with the schedule or deadlines as set forth elsewhere in this Agreement. 4. Construction Plans. Company agrees that it will undertake and complete Improvements in conformance with all applicable federal, state, and local laws, ordinances, and regulations, including any permit, license, and building requirements, that it will undertake and agrees to undertake and complete the Improvements in conformance with construction plans ("Plans") submitted to the City, which Plans shall be subject to approval as provided in this Section. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of the Improvements as detailed and outlined in the Plans. City shall approve the Plans in writing if: (a) the Plans conform to the terms and conditions of this Agreement; (b) the Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (c) the Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (d) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. Approval of Plans hereunder shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. The Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans in whole or in part, Company shall submit new or corrected Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans shall continue to apply until the Plans have been approved by the City; provided, however, that in any event Company shall submit Plans which are approved by City prior to commencement of development of the Improvements. Approval of the Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans by City be deemed to constitute a waiver of any Event of Default. 5. Timeliness of Improvements and Dedication; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct Page 410 of 619 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. A. Company must perform all necessary acts in order to commence and undertake development of the Improvements, such as obtaining all necessary building permits, and must commence development of the Improvements on that portion of the Property identified as Phase 1 in the Layout Plan or Site Plan within six months ( 6 ) months of the date that the City conveys the Property to Company ("Commencement Date"). Company must substantially complete all Improvements on that portion of the Property identified as Phase 1 in the Layout Plan or Site Plan within forty-eight (48 ) months of the date that the City conveys the Property to Company. Company must dedicate the Public Improvements on that portion of the Property identified as Phase 1 in the Layout Plan or Site Plan to the City within two (2 ) months after it completes the Public Improvements. B. No deadline for commencement of the development of Improvements or deadline to substantially complete the development of Improvements as to any other Phase is imposed under this Agreement. Notwithstanding, Company must substantially complete development of no fewer than two (2) Housing Units in calendar year 2026, and Public Improvements appurtenant thereto, and four (4) Housing Units averaged per calendar year thereafter, and Public Improvements appurtenant thereto. The four (4) Housing Unit threshold can span multiple Phases. By way of example only, the construction of six (6) Housing Units in calendar year 2027 and two (2) Housing Units in calendar year 2028 shall satisfied the four (4) Housing Unit requirement for each of calendar years 2027 and 2028. C. For purposes of this Agreement, a Housing Unit is substantially complete as of the date on which it is completed to such an extent that the City could issue a certificate of occupancy under applicable law (including ordinances and codes) and in accordance with City's standards. D. If development 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 deadlines by a number of days equal to the number of days lost as a result of Unavoidable Delays. If construction is not completed within the allowed period of extension, 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 Improvements; PROVIDED, HOWEVER, that Company shall be entitled to a six (6) month extension if, at the end of any calendar year, Company has installed a majority (as measured by the estimated cost of installation thereof) of the Public Improvements for any given Phase. Any additional or longer time extensions will require consent of the City Council. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. Page 411 of 619 E. If Company has not commenced development of the Improvements in accordance with the deadlines imposed under this Agreement, or has not substantially completed Improvements in accordance with the deadlines imposed under this Agreement, then the City may terminate this Agreement, in which case title to those areas of the Property for which development of the Improvements has not been commenced, or has not been substantially completed, then the City shall be entitled to terminate this Agreement, and in addition to any other remedies it may have, title shall revert to the City and the City shall have no further obligation under this Agreement with respect to the same. F. If Company determines at any time that the Improvements, in whole or in part, are not economically feasible, then after giving thirty (30) days advance written notice to City, Company shall convey the Property or all portions thereof for which Improvements are not substantially complete to City by special warranty deed, free and clear of any lien, claim, or encumbrance arising by or through Company, and thereupon neither party shall have any further obligation under this Agreement, except as expressly provided otherwise. Company shall do all acts necessary so as to discharge or satisfy, all liens, claims, charges, and encumbrances with respect to the Property or portion thereof that it conveys to the City. G. The incentives, including Grants, extended to Company under this Agreement are in whole or in part funded by tax increment financing, as described elsewhere in this Agreement. The City's ability to collect tax increments are limited by Iowa Code Chapter 403 and other law which impose, among other things, a maximum duration of time in which the City is lawfully permitted to collect tax increments. The City and Company acknowledge that the limitations and restrictions imposed on the collection of tax increments under Iowa Code Chapter 403 and other law, such as the maximum duration for which such collection can occur, cannot be modified or expanded by agreement between City and Company or by the happening or occurrence of Unavoidable Delays. 6. Reverter of Title; Indemnity. In the event of any reverter of title provided for under this Agreement, 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 reverted Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the reverted Project 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 on Company's behalf and as its attorney -in -fact City shall be authorized, but not required, to execute the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney -in -fact. 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 Improvements, or Company's failure to carry on or complete same, or any Lien or Liens on or against the reverted Project Property of any type or Page 412 of 619 nature whatsoever that attaches to the reverted Project 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. 7. Obligations Contingent; Reverter of Title. Each and every obligation of the City under this Agreement is expressly made subject to and contingent upon the creation and establishment of an Urban Renewal Area and Urban Renewal Plan in accordance with Iowa Code Chapter 403 that includes the Property, and upon the creation and establishment of one or more tax increment finance districts in accordance with Chapter 403 within the Urban Renewal Plan. If such does not occur, then any conveyance, payment, benefit, or incentive of any type provided by City is subject to reverter of title, revocation, repayment or other appropriate action to recover or restore such property, payment, benefit, or incentive to City and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same. Without limiting the foregoing, if the aforementioned is not completed, title to the Property shall revert back to the City in the same manner as described in Section 5. 8. Infill Grant. Pursuant to the City's infill housing policy, City will pay a grant in the amount of $5,000.00 for each Housing Unit that is substantially completed and sold to a bona fide third -party purchaser. The grant shall be paid to purchasers of Housing Units. The total grant amount paid with respect to any Housing Unit will not exceed $5,000.00, regardless of the number of actual purchasers or grantees joined in a conveyance of any Housing Unit. 9. Certification of Qualified Costs and Expenses. Company shall certify to the City the amount of all Qualified Costs and Expenses of Public Improvements in a particular Phase dedicated to and accepted by the City ("Certification"), and that such amounts are true and correct. Company shall submit the Certification within thirty (30) days after all the Public Improvements in a Phase have been completed and dedicated to and accepted by the City. Company shall include in the certification the anticipated interest to be incurred in financing the completion of the Public Improvements in the phase during the 24-month period following dedication of the Public Improvements in the phase to the City. Along with the Certification, Company shall attach invoices for and other documentation substantiating the Qualified Costs and Expenses incurred specifically for construction of the Public Improvements in that Phase. The City's Engineer shall review Company's Certification to verify that the submitted costs and expenses constitute Qualified Costs and Expenses and the reasonableness thereof. The City Engineer's determination as to the reasonableness of the Qualified Costs and Expenses is final. 10. Economic Development Grants. For and in consideration of the obligations being assumed by Company hereunder, and in furtherance of the goals and objectives of the Highland Meadows Urban Renewal Area and the Urban Renewal Act, the City agrees, subject to the Company being and remaining in compliance with this Agreement, to make certain economic development grants to Company under the following terms and conditions. A. Calculation of Grant Amounts. Page 413 of 619 1. Grants for Public Improvements. Subject to the terms of this Agreement, including the timely and proper development of the Improvements, and the timely and proper certification by Company of Qualified Expenses and Costs to the City, City shall make annual Economic Development Grants to Company beginning on June 1 of the fiscal year that the City first receives and has available to it the Tax Increments under the provisions of Iowa Code § 403, and continuing each June 1 thereafter until the earlier of: (i) the Company has received ten (10) Grant payments; (ii) the Maximum Aggregate Amount of Grants has been paid to Company; (iii) the City's ability collect or use Tax Increments terminates; or (iv) Company's right to receive Grants under this Agreement is terminated. Each Grant shall come solely and only from Tax Increments received by the City pursuant to the provisions of Iowa Code Section 403.19. Company acknowledges that pursuant to Iowa Code § 403.22 and other law, the City must set aside a certain percentage of the Tax Increments for assistance for low- and moderate -income family housing. The current applicable percentage for Black Hawk County is 48.60%. The City anticipates using 48.60% (or a lesser percentage if allowed by a change to the Urban Renewal Act) of the Tax Increments generated under Iowa Code § 403.19 in each year in which a Grant is made to satisfy the LMI housing assistance requirements of Iowa Code § 403.22. Each annual Grant that is payable to the City shall be in an amount up to 50% of the total amount of the Tax Increment collected under Iowa Code § 403.19 during the preceding twelve-month period, subject to limitations and adjustments as provided in this Agreement. For clarification, 48.60% of the total Tax Increment just described will be set aside for LMI housing assistance requirements and up to 50% of the total Tax increment just described will be available for payment (Grant) to Company. Without affecting any other conditions or limitations imposed by law or this Agreement with respect to Grants, no Grant that is payable to Company shall exceed 50% of the Qualified Expenses and Costs for Public Improvements that have been incurred and certified as of the date that any Grant is to be paid. The City makes no representation with respect to the amount of Economic Development Grants that Company will receive and under no circumstances shall the City in any manner be liable to Company so long as the City timely applies the applicable Tax Increments (regardless of the amounts thereof) to the payment of the respective Grants to Company as and to the extent provided for in this Agreement. B. Timing of Grants. The parties acknowledge that the payment of Economic Development Grants, and the timing thereof, is dependent upon the initiation, collection, and availability to the City of tax increments as described under Iowa Code § 403.19. 1. Economic Development Grants . Company shall submit a written request to the City by September 15 of the year in which the Company desires that the City first certify debt to the County pursuant to Iowa Code 403.19 in the Urban Renewal Area that the Improvements are located within. The City shall certify debt to the County pursuant to Iowa Code 403.19 by the December 1 immediately following the City's receipt of Company's written request. The City will receive the first full year of tax increments for the Improvements in the fiscal year following the certification of debt in the Urban Renewal Area in which Improvements are located and shall make the Grant payment as of Page 414 of 619 June 1 of the first full fiscal year the City receives the tax increment, subject to the terms and conditions of this Agreement. C. Maximum Aggregate Amount of Economic Development Grants. The aggregate amount of the Grants that may be paid to Company shall not exceed the lesser of: (i) the amount of Tax Increments actually collected by City and available for City's use or (ii) 50% of the aggregate amount of the Qualified Costs and Expenses for Public Improvements submitted to and approved by the City. The parties acknowledge and understand that City's ability to collect Tax Increments is subject to limitations as asset forth in Iowa Code Chapter 403 and that, among other limitations, the City is unable to collect Tax Increments for more than a ten (10) year period of time. 11. Appropriation. The payment of Economic Development Grants are subject to annual appropriation by the City Council each fiscal year. City has no obligation to make payment of Grants to Company as contemplated under this Agreement until the City Council annually appropriates the funds necessary to do so. The right of non -appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future Grant payments shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. 12. 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 C it will not seek or cause a reduction in the taxable value for the Phase 1 Property (as described in Exhibit A-1) as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $4,500,000.00 (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 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. The City and Company acknowledge that development by Company Page 415 of 619 will be completed in Phases. The parties hereby agree to enter into subsequent Minimum Assessment Agreements for each such Phase similar in nature to Exhibit C to this Agreement. 13. 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 Project 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 Project Property or any part thereof for any purpose except in connection with financing of the Improvements. Any other mortgage shall be void. 14. No Assignment or Conveyance. Prior to substantial completion of Improvements, Company agrees that it will not sell, convey, assign or otherwise transfer any of its interest in the Property without the prior written consent of the City. Except, however, Company shall be permitted, without consent from the City, to sell, convey, or otherwise transfer its interests in the Property to bona fide third -party purchasers of Housing Units. Reasonable grounds for the City to withhold its consent shall include, but are not limited to, the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 15. 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. C. Company will cooperate fully with 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, provided, however, that such cooperation shall not result in Improvements being constructed or developed that are not reflected in the Layout Plan or Site Plan 16. 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. Page 416 of 619 17. 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 any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 18. 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 or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Project Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. Page 417 of 619 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 party. The provisions of this Section shall survive the expiration or termination of this Agreement. 19. 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 Project 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, the Project Property, or this Agreement, without the prior written consent of City, except as otherwise expressly provided in this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within 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 90 days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any part of the Project Property. Page 418 of 619 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. 20. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, 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 Project Property and/or recovery of any sums paid by City to Company before the date of termination. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such 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. 21. 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. 22. 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, Page 419 of 619 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. 23. 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. 24. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (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: Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 25. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 26. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. Company acknowledges that amendments or modifications may require approval of City Council. 27. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any Page 420 of 619 reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 28. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 29. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 30. Counterparts. This Agreement may be executed in 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. 31. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 32. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA MIDWEST DEVELOPMENT CO. By: By: Quentin M. Hart, Mayor Attest: Print Name Kelley Felchle, City Clerk Title Page 421 of 619 EXHIBIT A Description of Property (Entire) PART I OF CAPTION The East 29 17/27 rods of the Northeast Quarter of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa, except Parcel "B" of Plat of Survey Doc. #2006-17037, and also except the East 16 rods of the South 38 1/2 rods thereof, and also except that part described as: Commencing at a point on the East line of said Section that is 38 1/2 rods North of the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East at right angles 216.5 feet to the place of beginning; And also except that part lying within the following described premises: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning PART II OF CAPTION Those parts of the North One -Half of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, AND Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section a distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Page 422 of 619 Section a distance of 554.62 feet; thence East along a line parallel with the North line of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning. PART III OF CAPTION A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5TH Principal Meridian in Black Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except that part thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to a point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. AND PARCEL B OF PLAT OF SURVEY AS FILED IN DOCUMENT NO. 2006-17037 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER. Page 423 of 619 EXHIBIT A-1 Legal Description of Phase 1 of Property LEGAL DESCRIPTION -PARCEL D: PARCEL B OF PLAT OF SURVEY FILED AS DOCUMENT NO. 2026-17037, AND PARCEL A OF PLAT OF SURVEY FILED AS DOCUMENT NO. 2005-07904, BOTH 1N THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER, AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (N.E.1/4-N.E.1/4) OF SECTION TWENTY-ONE (21), TOWNSHIP EIGHTY-EIGHT (88) NORTH, RANGE THIRTEEN (13) WEST OF THE FIFTH PRINCIPAL MERIDIAN CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, ALL OF THE ABOVE DESCRIBED AS A WHOLE AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 21; THENCE SOUTH 0°08'44" EAST ON THE EAST LINE OF SAID SECTION, 27.01 FEET; THENCE SOUTH 89°06'12" WEST, 33.00 FEET TO THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE AND THE POINT OF BEGINNING; THENCE SOUTH 0°08'44" EAST ON SAID WEST RIGHT OF WAY LINE, 522.85 FEET TO THE NORTH LINE OF THE LAND DESCRIBED IN DEED TO JOHN MICHAEL AND BRITTANY SUE KOCH, RECORDED AS FILE NO. 2021-00002868 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER; THENCE SOUTH 89°51'23" WEST ON THE NORTH LINE OF SAID KOCH LAND, 183.39 FEET TO THE NORTHWEST CORNER OF SAID KOCH LAND; THENCE SOUTH 0°11'51" EAST ON THE WEST LINE OF SAID KOCH LAND, 136.20 FEET TO THE NORTH LINE OF THE SOUTH 38 1/2 RODS OF SAID N.E.1/4-N.E.1/4; THENCE NORTH 89°57'54" WEST ON SAID NORTH LINE, 47.74 FEET; THENCE SOUTH 89°49'56" WEST, 73.02 FEET; THENCE NORTH 19°28'03" WEST, 117.92 FEET TO THE BEGINNING OF A 363.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY AND HAVING A LONG CHORD OF 65.99 FEET BEARING SOUTH 75°44'51" WEST; THENCE WESTERLY ON THE ARC OF SAID CURVE, 66.08 FEET; THENCE SOUTH 0°10'04" EAST, 2.37 FEET; THENCE SOUTH 89°49'56" WEST, 136.21 FEET; Page 424 of 619 THENCE NORTH 6°10'36" WEST, 145.18 FEET; THENCE NORTH 9°20'37" WEST, 60.00 FEET TO THE BEGINNING OF A 303.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY AND HAVING A LONG CHORD OF 22.55 FEET BEARING NORTH 78°31'28" EAST; THENCE EASTERLY ON THE ARC OF SAID CURVE, 22.55 FEET; THENCE NORTH 13°36'28" WEST, 136.20 FEET; THENCE SOUTH 88°59'43" WEST, 21.46 FEET TO THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO MARVIN C. AND CHERYL K. DEWAARD, AS RECORDED IN BOOK 515 AT PAGE 26 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER; THENCE NORTH 0°01'45" EAST ON THE EAST LINE OF SAID DEWAARD LAND, 69.75 FEET TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO DANIELLE JEAN DROSTE, RECORDED AS FILE NO. 2013-00001260 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER; THENCE NORTH 88°57'49" EAST ON THE SOUTH LINE OF SAID DROSTE LAND, 143.29 FEET TO THE SOUTHEAST CORNER OF SAID DROSTE LAND; THENCE NORTH 0°08'36" WEST ON THE EAST LINE OF SAID DROSTE LAND, 147.99 FEET TO THE SOUTH RIGHT OF WAY LINE OF ORANGE ROAD; THENCE NORTH 89°05'53" EAST ON SAID SOUTH RIGHT OF WAY LINE, 455.68 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 7.01 ACRES. Page 425 of 619 EXHIBIT B Layout Plan or Site Plan The "Site Plan Highland Meadows Addition in The City of Waterloo, Blackhawk County, Iowa" which is attached or appended hereto. Page 426 of 619 UTILITY LEGEND -EXISTING (SS8) (ST15) (FM6) (W8) ----(G)----(G)- ----(S)----(S)- - - - (OHE)- - - - (OHE)- - - - - (E) - - - - (E)- - - - (C)- - - - (C)- - - - (OHC)- - - - (OHC)- - - --(OHT)- - --(OHT)- - - - - (F) - - - -(F)- (T)- - - -(T) // // (FP) (FW) (CORP) - - _ 800- m OR 0 BM V SANITARY SEWER W/SIZE STORM SEWER W/SIZE SUBDRAIN FORCE MAIN W/SIZE WATER MAIN W/SIZE GAS STEAM ELECTRIC -OVERHEAD ELECTRIC -UNDERGROUND CABLE TV -UNDERGROUND CABLE TV -OVERHEAD TELEPHONE -OVERHEAD FIBER OPTIC -UNDERGROUND TELEPHONE -UNDERGROUND FENCE LINE FLOODPLAIN LIMITS FLOODWAY LIMITS CITY CORPORATE LIMITS CONTOUR LINE LIGHT POLE W/O MAST LIGHT POLE W/MAST TELEPHONE POLE POWER POLE GUY ANCHOR GUY POLE TELEPHONE PEDESTAL TELEPHONE MANHOLE CABLE TV PEDESTAL UTILITY/CONTROL CABINET SANITARY MANHOLE STORM MANHOLE GRATE INTAKE RA-3 INTAKE RA-5 INTAKE RA-6 INTAKE RA-8 INTAKE HORSESHOE CATCH BASIN W/O FLUME HORSESHOE CATCH BASIN W/FLUME GAS VALVE FLARED END SECTION CLEANOUT, STORM OR SANITARY TRAFFIC SIGNAL W/MAST BOLLARD BENCHMARK STREET SIGN WELL FIRE HYDRANT SITE PLAN FOR HIGHLAND MEADOWS ADDITION IN THE CITY OF WATERLOO, BLACKHAWK COUNTY, IOWA UTILITY LEGEND -PROPOSED SS8 ST18 FM6 W8 CORP OR SURVEY LEGEND SANITARY SEWER W/SIZE STORM SEWER W/SIZE FORCE MAIN W/SIZE WATER MAIN W/SIZE CITY CORPORATE LIMITS SANITARY MANHOLE STORM MANHOLE GRATE INTAKE RA-3 INTAKE RA-5 INTAKE RA-6 INTAKE RA-8 INTAKE HORSESHOE CATCH BASIN W/O FLUME FLARED END SECTION CLEANOUT, STORM OR SANITARY FIRE HYDRANT WATER VALVE WATER SHUTOFF WATER BLOWOFF O • z A • () PLANT LEGEND SET REBAR W/CAP NO. FOUND SURVEY MONUMENT AS NOTED FOUND RIGHT OF WAY RAIL SECTION CORNER SET AS NOTED SECTION CORNER FOUND AS NOTED CUT "X" IN CONCRETE RECORDED AS EASEMENT LINE PLAT OR SURVEY BOUNDARY PLAT LOT LINE CENTERLINE SECTION LINE 1/4 SECTION LINE 1/4-1/4 SECTION LINE EXISTING LOT LINE BUILDING SETBACK LINE DECIDUOUS TREE CONIFEROUS TREE DECIDUOUS SHRUB CONIFEROUS SHRUB TREE STUMP TREE LINE DRIP EDGE NOTE: THIS IS A STANDARD LEGEND. SOME ITEMS MAY NOT APPEAR ON DRAWINGS. LOCATION MAP (1 =700') J m m fY W SIDEHILL DR a LICHTY BLVD W ORANGE RD IMBALL AVE- BLAINE RD PROJECT LOCATION E ORANGE RD HAWKEYE RD NOTES THIS PLAN IS CONCEPTUAL REPRESENTATION OF THE PROPOSED DEVELOPMENT. ANY RELATED IMPROVEMENTS REQUIRED BY THIS DEVELOPMENT SHALL MEET THE REQUIREMENTS OF SUDAS DESIGN STANDARDS MANUAL AND CITY OF WATERLOO CONSTRUCTION STANDARDS AND REQUIREMENTS. ANY FINAL PLAT REQUIREMENTS SHALL MEET IOWA CODE AND CITY OF WATERLOO REQUIREMENTS. LEGAL DESCRIPTION PART OF I CAPTION The East 29 17/27 rods of the Northeast Quarter of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5th Principal Meridian in Black Hawk County, Iowa, except Parcel "B" of Plat of Survey Doc. #2006-17037, and also except the East 16 rods of the South 38 1/2 rods thereof, and also except that part described as: Commencing at a point on the East line of said Section that is 38 1/2 rods North of the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East at right angles 216.5 feet to the place of beginning; And also except that part lying within the following described premises: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter,a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning. PART II OF CAPTION Those parts of the North One -Half of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5th Principal Meridian in Black Hawk County, Iowa described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, And Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section a distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Section a distance of 554.62 feet; thence East along a line parallel with the North line of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning. PART III OF CAPTION A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5th Principal Meridian in Black Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except that part thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to a point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. SHEET INDEX 1. COVER 2. PRELIMINARY PLAT TITLEHOLDER: CITY OF WATERLOO 715 MULBERRY STREET WATERLOO, IA 50703 NOEL ANDERSON noel.anderson@waterloo-ia.org ZONING APPLICANT: MIDWEST DEVELOPMENT CO HUNTER SKOGMAN 417 1ST AVENUE SE CEDAR RAPIDS, IA 52401 hskogman@skogman.com EXISTING: R-1 - ONE AND TWO FAMILY RESIDENCE DISTRICT PROPOSED: R-1, R-P - PLANNED RESIDENCE DISTRICT DIMENSION STANDARDS Exhibit "B" PROPERTY ADDRESS SOUTH OF ORANGE ROAD, WEST OF KIMBALL AVENUE SITE CHARACTERISTICS SINGLE UNIT, DETACHED: TOTAL NUMBERED LOTS: LETTERED LOTS: TOTAL UNITS: TOTAL AREA: TOTAL AREA (EXCLUDING LETTERED LOTS): DENSITY: 71 LOTS (LOTS 1-71) 71 LOTS 5 LOTS 71 UNITS 24.27 ACRES 17.66 ACRES 2.93 UNITS/ACRE LOT REQUIREMENTS R-1, R-P SINGLE UNIT, DETACHED LOT SIZE (SF, MIN) 6,900 WIDTH AT SETBACK (FT, MIN) 55 COVERAGE (%, MAX) 40 (22% AVERAGE) STREET CLASSIFICATIONS BUILDING PLACEMENT SETBACKS (FT) R-1, R-P SINGLE UNIT, DETACHED FRONT 30 SIDE 10% OF LOT WIDTH OR 10' MAX REAR 30 DESIGN DATA - URBAN STREET CLASSIFICATION STREET WIDTH R.O.W. WIDTH DESIGN SPEED PAVEMENT THICKNESS HIGHLAND MEADOWS DRIVE LOCAL 28' 60' 30 MPH 7" PCC WILLOWBROOK DRIVE LOCAL 28' 60' 30 MPH 7" PCC BRIDGEWOOD COURT LOCAL 28' 60' 30 MPH 7" PCC OAK HILL DRIVE LOCAL 28' 60' 30 MPH 7" PCC Contact Person JASON STONE Telephone Number (319) 362-9548 Fax Number (319) 362-7595 E-Mail Address jasons@halleng.com Mailing Address 1860 Boyson Rd Hiawatha, IA 52233 Date Submitted 06/18/2024 Date Revised 07/15/2025 Date Revised `1�rFRioo IOWA Cofnrrverilfy CFppc1rtL •-. HALL AND HALL PROJECT NUMBER: 8171-22-7 Revision Description Revision Number & Date U z w W z z W J J 2 06 J J 2 Sheet Title: www.halleng.com wZ z Z U-J wa xz Uz w Q2 wa 0_O Uw > w zo <Z • J 0 • z� z W w z w o wo) J -z Uj Designed by: JGS Drawn by: JGS Checked by: LMH Date: 07/15/2025 Field Book No: Scale: Sheet: 1 of 2 Project Number: 8171-22-7 CAD File: I:\projects\8100\8171-22-Skogman\8171-22-7 Orange Road, Waterloo\DWG\Plats\8171-22-7 PP02.dwg Date Plotted Page 427 of 619 N \ OVERFLOW ELEVATION EXISTING 12" CULVERT TO REMAIN H / (n (n ae / Qo z =ago 00 d u. W ��H E J_ EXISTING CEMETERY ACCESS TO REMAIN BASIN SPILLWAY, 35' WIDTH ELEVATION = 954.00 q\•1\'‘\A 1 EXISTING 24" CULVERT TO BE REMOVED ._--/ _ - TOP OF BERM TO DIRECT DRAINAGE TOWARDS KIMBALL AVE 2' WIDTH (TYP.) -\ v EXISTING SHED TO BE RELOCATED / i 3 =� / / J ce cn ct ce V W W W U SWALE #2 GRADE SWALE AT MIN 1.5% 6' BOTTOM WIDTH, 0.5' DEPTH LOT 37 11,942 SF ( 0.227 AC LOT 41 16,718 SF SWALE CREST `96, 0.38 AC / 1 62' 62' 955 - oLOT 49 9,299 SF 0.21 AC TURNAROUND PER FIRE CODE 1.50 AC PROPOSED DRY BOTTOM DETENTION BASIN 2 PORTION OF ACCESS ON LOT C TO BE REMOVED L EXISTING GRAVEL ACCESS TO BE RELOCATED WITHIN 24' STRIP \ AND PAVED AT 12' WIDTH. PAVED' ACCESS TO SERVE AS OVERFLOW - ROUTE FROM DETENTION BASIN MIN 1.O% AND 1.0' DEPTH -(OHG) 9�� (G)(OHE)t 3 -(G)- - - (F)__-E1____(F) \ 1 1 1 1 1 PORTION TTED POR UNP 1�4 N•E•1/ Rtr / N• TB8N, SECTION 21' LOT 36 9,408 SF 0.22 AC • LOT 47 8,619 SF 0.20AC T �I - 9 // // -mac // MESSERLY DANA L REV TRUST MESSERLY, DEBBIE S REV TRUST, 2135 W GRACE ST OLATHE, KS 66061 1 / SWALE #3 GRADE SWALE AT MIN 2.0% 6' BOTTOM WIDTH, 0.75' DEPTH / 963.73 65.49 LOT 33 19,186 SF 0.44 AC 967- 965.95 Exhibit 7E1 TURNAROUND PER FIRE CODE CENTERED ON LOT LINE \ LOT 17 1 12,562 SF 0.29 ACC OVERFLOW = `\O ELEVATION �1 9,1 6T 3SF_ 0i �` _ 0.21 AC �► ja: LOT 30 \ // Q t - 9,304 SF `96Q //9, -Err �� i� L I I� _��5�'_ t r �1 �- \ ) . !II!Ii! 60' T 29 ��, 228 1 I� I \ 1 ' / 9LO 3 3SF I Lo N / 0.21 AC i 1 B-B- ItI�- „o;Q �-.s- T LOT45j --I--L -9,250 SF - - -( 0.21 AC o N a� I/I 4 4` , l i l y �N.E•1/4 !R25o! � I N•E•121, T88N, R13� L � I 1I SECTION . I -1 I 9s - 11 1 1 I LOT 28 I LOT 27 �,I LOT 26 rnI 1 LOT 25 - / \ LOT 8 8,160 SF "' 8,084 SF 7,759 SF I I hV 4Q, � I 0.19 AC I 0.19 AC 0.18 AC � I � I � �\ \ 1 IWA KW II- cr I w ° I I LOT 24 ' 1 I�IIF711 I / 12,643 SF ,,, IN _ � ,11 III / / /I / `�!♦ _ , ' Fainisom • N m o a LOT A �I�,9 OAK HILL DRIVE "m 111, 4.24AC �IW LOT 21 14,421 SF 0.33 AC 9,5 pontinueci/ v / LOT 15 \ 10,960 SF \ 0.25 AC 0.21 AC c2P LOT 54 8,639 SF M 0.20 AC I~ / Ii• liireMErinnintiWyWAWMIEW VISEENINKir N 0 F4411110111111 11 %.0 1 N I co j I 1 cA_____1976 sq -rn. I f , I i N ,& 1 LOT 58 \ / \\\ \\ I IR` I ° I 1 1 I ': ` �. �"' 18,712 SF y \ \ �� 1 �' I� ti 10.20 AC \ \ O'. � , 11 �^ % 191'I / °' LOT 55 11,925 SF 0.27 AC \t I I I \ 1 ) 7J / 13) \ \ \ I I I I 1 \ \ I \ \ I Q 11 II\\>\ / I <wo / \ =z;o1 �a�1 J 1 �-�a� 1 I�aa 11 I oaa'\ I aal /I / ,I O�Q< \ zoo / I i0 I ( ~W�o I / WYo� / / z� o ) I I rJ. 2, I ( / YJ W (nJ / Opw / //-- ONw // / / �zN W / /L7'1 _/ / (n.-Ha I / /za,ia / U`°) II =//Q `° \ I /I I / - / I/ 1 _ / 1 1 1 ogkotA / (\\ �h� ��.14p 1I6` ZBa , i \ I LiI N. \ \� \ \\� 5EC�IG \`� \ \\\ \ //N. TOP OF BERM 6' WIDTH ELEVATION = 955.00 0 w - -(3H0) - - - -(3H0) (3H0).- --(3H0}-. -(G)- - - - )_ - ' _(G)_�_ -(G)- _ _(G)_ (F) _ _ _ _l �, _ _ (F) _ _ _ (F) )T(Zun) (Zw) (Zun .- y4) (Zun) -(1H0)-(1HO)- - --(LHO)_ _ _�(1H, - - -UH�4 _ _ _(OHi- _ _ -(OHT)\ 6, -,- �� gq8' / ' �90 /9h 1 g // SOUTH WATERLOO - / 1 I ( I I / / / CAVANAUGH, LYNNE A CHURCH OF BRETHREN / / / / 6227 KIMBALL AVE // // 6205 KIMBALL AVE WATERLOO, IA 50701 II, 1 / I \\ ww- (z (OHT)- - - ORT)� Z (OHT) 1 � � Lr Lc) (3 •) . H0)---c(3H0)- _(G)__(G)_ Zun) JM)- (1H0)- -- \ ,- 7 KIMBALL AVENUE _(iyipY _ - -( HO)_ - _ as J rH J Ywo (Z>N 90< I I JQ /HARBAUGH, DENNIS RI IN p / 6145 KIMBALL AVE WATERLOO, IA 50701 \ I \ _ oMI I III � `CO - =Y0 Z Z wwo< (3 (.7 (3H0) - - - -(3H0) (G) (G) (G (Z LM) // / / / SAHINOVIC, EDIN/ / / / / % SAHINOVIC, SACA / / \ / / 161 W ORANGE ROAD / / / / / WATERLOO, IA 50701// ( / ) gl' / / 2 / / / / / .r g- / /� 1 / -„- H H 9�90, /////�„ /� / / // - �/ \�� // ,9�� �/ / /� / /� / / 9 / / / / / - / / / / / / / / / / JOHNSON, JENNIFER A / 155 W ORANGE ROAD / / / 1 / / / WATERLOO, IA 50701 / I / / / ' I 1 it ( I LOT 10 I 15,614 SF �I/o I 0.36AC O1 LOT 9, di 110.27 AC 957 F / LOT 63 10,979 SF \ 0.25 AC J / / LOT 61 11,274 SF\ _'\ _a i �// 98')/ // /I 1 LOTD // // / // 0. J / 02 ACC 98� / / / / / / / / / 85 // // // .9 i / --- // / / / /� I -986 / - ' I / / / / - ,981 / // � \ I / 7- / II 88 / i / / 'g FRIEDLY, ROBERT L I I I 1 'I� I I I lm I 1 LOT8 1 °'I I \ 1 I 0� 220Ac 1 111 00 I VII i- 14 - 0' 1 1 I I 10 / 1 LOT 7 I \ t`) r, / 1 / 7,854 SF 1 I 1 �M 1 0.18 AC I ,s;. EXISTING UTILITY POLE TO BE RELOCATED - REMOVE EXISTING SANITARY MANHOLE AND 6" PIPE GREIMAN, AMBER M _ - WATERLOO, IA 50701 I WATERLOO, IA 50701 / FRIEDLY TRUDIE R - 98g, 145 W ORANGE ROAD / / WATERLOO, IA 50701 \ / ,g90 " /__ J / / / 7- / / / 7- / / t05Y),ZZE-14S.AA.3.° 1 DE WAARD, CHERYL K \ WATERLOO, IA 50701 LOT 69 0.19 AC / !LOT 70 976 If a10,108 SF 0.23 AC BORE SANITARY / OPEN CUT KIMBALL AVE /111 SERVICE TO LOT 71' j bl TO INSTALL WATER SERVICES -- / ( GREIMAN, AMBER M / WATERLOO, IA 50701 / _25' E-E • • / 66' ROW/fi-li, • I /17 VARIES, 55' MIN - - -, , , , 1 10% WIDTH OR i , , APPROXIMATELY 70°/o >- OPEN SPACE SETBACK (5' MIN) I I RIGHT-OF-WAY LINE SI SINGLE FAMILY DWELLING r 30' FRONT YARD SETBACK ui TYPICAL R-1, R-P LOT WITH SINGLE FAMILY DWELLING SCALE: 1" = 20' SMITH, JAMES & / SMITH, ELIZABETH -WATERLOO, IA 50701 (Alt aACi 110 W ORANGE ROAD WATERLOO, IA 50701 - GRADE SWALE AT MIN 2.6°/0 _ 2' BOTTOM WIDTH, 0.67' DEPTH / -96 TOP OF BERM, 6' WIDTH \ \ \ 7----_ ,,,11/:' \,, WATERLOO, IA 50701 , BASIN SPILLWAY, 20' WIDTH EASEMENT LEGEND UTILITY EASEMENT (10' UNLESS OTHERWISE LABELED) STORM SEWER EASEMENT (20' UNLESS OTHERWISE LABELED) DRAINAGE EASEMENT (20' UNLESS OTHERWISE LABELED) DRAINAGE, STORM SEWER, AND SANITARY SEWER EASEMENT (25' UNLESS OTHERWISE LABELED) PUBLIC DRAINAGE AND PRIVATE STORM SEWER EASEMENT (12' UNLESS OTHERWISE LABELED) PUBLIC SANITARY SEWER EASEMENT (12' UNLESS OTHERWISE LABELED) PUBLIC WATERMAIN EASEMENT (12' UNLESS OTHERWISE LABELED) PUBLIC WATERMAIN AND ACCECSS EASEMENT (10' UNLESS OTHERWISE LABELED) PUBLIC ACCECSS EASEMENT (10' UNLESS OTHERWISE LABELED) OPEN CUT KIMBALL AVE \ / OW I 30 60 90 120 GRAPHIC SCALE IN FEET Revision Description Revision Number & Date oes • 100 o o o co www.halleng.com cLUJ in • • z LUCO o 8 cA z u 0 Sheet Title: Designed by: JGS Drawn by: JGS Checked by: LMH Date: 06/27/2025 Field Book No: Scale: Sheet: 2 of 2 Project Number: 8171-22-7 4-4 ro PP02.dwg Date oo 0 co cu Skogman\8171 co co 4-, 0 Page 428 of 619 EXHIBIT C MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this day of , 202, and among the CITY OF WATERLOO, IOWA ("City") and Midwest Development Company ("Company"), and the COUNTY ASSESSOR of the BLACK HAWK COUNTY, 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 that involves the Phase 1 Property, described in Exhibit A-1 thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the Highland Meadows Urban Renewal Area, including the construction or development of certain improvements on the Phase 1 Property as set forth in the Development Agreement (the "Phase 1 Minimum Improvements" or "Phase 1 Improvements") on the Phase 1 Property (also referred to as the "Phase 1 Project"); and WHEREAS, pursuant to Iowa Code§ 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Phase 1 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 Phase 1 Improvements 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 Phase 1 only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Phase 1 Minimum Improvements which the parties contemplate will be erected on the Phase 1 Property. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon completion of construction of the Phase 1 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 Phase 1 Improvements shall not be less than $4,500,000.00 (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 1, 2030, the parties agree to execute an amendment to this Agreement that will extend the date specified in Section 2 below. Page 429 of 619 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, 2040. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or Page 430 of 619 (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property or any portion thereof. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date det forth above. [signatures on next page] Page 431 of 619 CITY OF WATERLOO, IOWA MIDWEST DEVELOPMENT COMPANY By: By: Quentin M. Hart, Mayor Print Name Attest: Title: 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 M. Hart and Kelley Felchle, to me personally known, who being duly sworn ho being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF COUNTY OF ) ss. Notary Public Subscribed and sworn before me on , by (title) of Midwest Development Company. Notary Public Notary Public Page 432 of 619 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Four Million Four Hundred Fifty Thousand and 00/100 Dollars ($4,500,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Date Assessor for Black Hawk County, Iowa STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 433 of 619 UTILITY LEGEND -EXISTING (SS8) (ST15) (FM6) (W8) - - -(G)- - - -(G) - --(S)----(S)- - - - - (OHE)- - - - (OHE)- - - - - (E) - - - - (E)- - - - (C)- - - - (C)- - - - - (OHC)- - - - (OHC)- - - --(OHT)- - --(OHT)- - - - - (F)- - - -(F)- (T)- - - -(T) // // (FP) (FW) (CORP) - _ 800- ler ®GV 0 BM V SANITARY SEWER W/SIZE STORM SEWER W/SIZE SUBDRAIN FORCE MAIN W/SIZE WATER MAIN W/SIZE GAS STEAM ELECTRIC -OVERHEAD ELECTRIC -UNDERGROUND CABLE TV -UNDERGROUND CABLE TV -OVERHEAD TELEPHONE -OVERHEAD FIBER OPTIC -UNDERGROUND TELEPHONE -UNDERGROUND FENCE LINE FLOODPLAIN LIMITS FLOODWAY LIMITS CITY CORPORATE LIMITS CONTOUR LINE LIGHT POLE W/O MAST LIGHT POLE W/MAST TELEPHONE POLE POWER POLE GUY ANCHOR GUY POLE TELEPHONE PEDESTAL TELEPHONE MANHOLE CABLE TV PEDESTAL UTILITY/CONTROL CABINET SANITARY MANHOLE STORM MANHOLE GRATE INTAKE RA-3 INTAKE RA-5 INTAKE RA-6 INTAKE RA-8 INTAKE HORSESHOE CATCH BASIN W/O FLUME HORSESHOE CATCH BASIN W/FLUME GAS VALVE FLARED END SECTION CLEANOUT, STORM OR SANITARY TRAFFIC SIGNAL W/MAST BOLLARD BENCHMARK STREET SIGN WELL FIRE HYDRANT PRELIMINARY PLAT FOR HIGHLAND MEADOWS ADDITION IN THE CITY OF WATERLOO, BLACKHAWK COUNTY, IOWA UTILITY LEGEND -PROPOSED SS8 ST18 FM6 W8 CORP OR 1I 011 lor /aL4JL_ 0 OR (D 460 SURVEY LEGEND SANITARY SEWER W/SIZE STORM SEWER W/SIZE FORCE MAIN W/SIZE WATER MAIN W/SIZE CITY CORPORATE LIMITS SANITARY MANHOLE STORM MANHOLE GRATE INTAKE RA-3 INTAKE RA-5 INTAKE RA-6 INTAKE RA-8 INTAKE HORSESHOE CATCH BASIN W/O FLUME FLARED END SECTION CLEANOUT, STORM OR SANITARY FIRE HYDRANT WATER VALVE WATER SHUTOFF WATER BLOWOFF O • A • () PLANT LEGEND SET REBAR W/CAP NO. FOUND SURVEY MONUMENT AS NOTED FOUND RIGHT OF WAY RAIL SECTION CORNER SET AS NOTED SECTION CORNER FOUND AS NOTED CUT "X" IN CONCRETE RECORDED AS EASEMENT LINE PLAT OR SURVEY BOUNDARY PLAT LOT LINE CENTERLINE SECTION LINE 1/4 SECTION LINE 1/4-1/4 SECTION LINE EXISTING LOT LINE BUILDING SETBACK LINE DECIDUOUS TREE CONIFEROUS TREE DECIDUOUS SHRUB CONIFEROUS SHRUB TREE STUMP TREE LINE DRIP EDGE NOTE: THIS IS A STANDARD LEGEND. SOME ITEMS MAY NOT APPEAR ON DRAWINGS. PERMANENT 20' DRAINAGE EASEMENT VARIES FROM 3%-5% r SHLDR 4.00% CCw a-J O:1 CC d 1' 1.5% 12.5' O 6" INTEGRAL CURB 1.5% 411 2' BERM TOP WIDTH PROPOSED STORM SEWER TO DIRECT LOW FLOWS FROM DETENTION BASIN TO KIMBALL AVE 6" PCC / 6" GRANULAR SUBBASE 12.5' WIDE PAVED CEMETERY ACCESS TYPICAL CROSS SECTION (OVERFLOW SWALE #1) w wz a O-J 3:j FRo TM O4.z 6" SUBDRAIN POROUS BACKFILL 2.0% ROW - 4' 1.5% 11' 4.0% 1 1 111 l 11 l 11 l 11 l 11 l 11 l 11 l 11 l if PROPOSED - " DIP WATERMAIN SUBDRAIN AS PER PLANS 6" INTEGRAL CURB 14' 2.0% 11 IE11 IE11 IE11 IE11 IE11 IE11 IE11 IE11 IE11 IE11 E111E111E111E111E111E111E111E111E111=111 111E111E111E111E111E111E111E111E111E11 7" PCC PAVEMENT 60' ROW 14' 2.0% 111,11 I-11 I-11 I-11 I-11 I-11 I-11 I-11 I-11 I-11 IEI 11 111=1 1=1 IE111E111E111E111E111=111EI I I-1 II II 11 EI11-111E111E111E111E111E111=111EI T IEI I I- 6" GRANULAR SUBBASE - PROPOSED 8" SANITARY �O SEWER MAIN UNDISTURBED OR COMPACTED FILL STORM SEWER AS PER PLANS 11' 4.0% 111111111111111111111111111 ROW 4' 1.5% PCC SIDEWALK, 4" COMPACTED FILL 2.0% LOCATION MAP (1„=700') J m m w a J 4 S W SIDEHILL DR LICHTY BLVD PROJECT LOCATION BLAINE RD E ORANGE RD HAWKEYE RD NOTES THIS PLAN IS CONCEPTUAL REPRESENTATION OF THE PROPOSED DEVELOPMENT. ANY RELATED IMPROVEMENTS REQUIRED BY THIS DEVELOPMENT SHALL MEET THE REQUIREMENTS OF SUDAS DESIGN STANDARDS MANUAL AND CITY OF WATERLOO CONSTRUCTION STANDARDS AND REQUIREMENTS. ANY FINAL PLAT REQUIREMENTS SHALL MEET IOWA CODE AND CITY OF WATERLOO REQUIREMENTS. LEGAL DESCRIPTION PART I OF CAPTION The East 29 17/27 rods of the NortheastQuarter of the NortheastQuarter of Section 21, Township88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk Count Iowa, 9 p Y� except Parcel "B" of Plat of Survey Doc. #2006-17037, and also except the East 16 rods of the South 38 1/2 rods thereof, and also except that part described as: Commencing at a point on the East line of said Section that is 38 1/2 rods North of the Southeast corner of the Northeast Quarter of the Northeast Quarter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East at right angles 216.5 feet to the place of beginning; And also except that part lying within the following described premises: Commencingat apoint 29 17 27 rods West of the East line of said Section and 46 517 1337 rods or 765.38 feet South of the North line of said Section, whichpoint is thepoint of beginning, / /9 9, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter,a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning. PART II OF CAPTION Those parts of the North One -Half of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, And Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section a distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Section a distance of 554.62 feet; thence East along a line parallel with the North line of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning. PART III OF CAPTION A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5TH Principal Meridian in Black Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except that part thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to a point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. AND PARCEL B OF PLAT OF SURVEY AS FILED IN DOCUMENT NO. 2006-17037 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER. SHEET INDEX 1. COVER 2. PRELIMINARY PLAT TITLEHOLDER: CITY OF WATERLOO 715 MULBERRY STREET WATERLOO, IA 50703 NOEL ANDERSON noel.anderson@waterloo-ia.org ZONING APPLICANT: MIDWEST DEVELOPMENT CO HUNTER SKOGMAN 417 1ST AVENUE SE CEDAR RAPIDS, IA 52401 hskogman@skogman.com EXISTING: R-1 - ONE AND TWO FAMILY RESIDENCE DISTRICT PROPOSED: R-1, R-P - PLANNED RESIDENCE DISTRICT DIMENSION STANDARDS PROPERTY ADDRESS SOUTH OF ORANGE ROAD, WEST OF KIMBALL AVENUE SITE CHARACTERISTICS SINGLE UNIT, DETACHED: TOTAL NUMBERED LOTS: TRACTS: TOTAL UNITS: TOTAL AREA: TOTAL AREA (EXCLUDING TRACTS): DENSITY: 70 LOTS (LOTS 1-70) 70 LOTS 5 TRACTS 70 UNITS 24.27 ACRES 17.66 ACRES 2.88 UNITS/ACRE LOT REQUIREMENTS R-1, R-P SINGLE UNIT, DETACHED LOT SIZE (SF, MIN) 6,900 WIDTH AT SETBACK (FT, MIN) 55 COVERAGE (%, MAX) 40 (22% AVERAGE) STREET CLASSIFICATIONS INTERIOR LOTS: BUILDING PLACEMENT SETBACKS (FT) R-1, R-P SINGLE UNIT, DETACHED INTERIOR LOTS FRONT 30 SIDE 10% OF LOT WIDTH OR 10' MAX REAR 30 CORNER LOTS: BUILDING PLACEMENT SETBACKS (FT) R-1, R-P SINGLE UNIT, DETACHED FRONT 30 INTERIOR SIDE 5 CORNER SIDE 15 REAR 30 DESIGN DATA - URBAN STREET CLASSIFICATION STREET WIDTH R.O.W. WIDTH DESIGN SPEED PAVEMENT THICKNESS HIGHLAND MEADOWS DRIVE LOCAL 28' 60' 30 MPH 7" PCC WILLOWBROOK WAY LOCAL 28' 60' 30 MPH 7" PCC BRIDGEWOOD COURT LOCAL 28' 60' 30 MPH 7" PCC OAK HILL WAY LOCAL 28' 60' 30 MPH 7" PCC Contact Person JASON STONE Telephone Number (319) 362-9548 Fax Number (319) 362-7595 E-Mail Address jasons@halleng.com Mailing Address 1860 Boyson Rd Hiawatha, IA 52233 Date Submitted 06/18/2024 Date Revised 08/04/2025 Date Revised 08/11/2025 `1�rFRioo IOWA CoVtrSMKIfty of Opplortimi Cy Revision Description Revision Number & Date Designed by: JGS Drawn by: JGS Checked by: LMH Date: 08/11/2025 Field Book No: Scale: Sheet: 1 of 2 w z 0 Ln 10:49am Plotted By Aug 11, 2025 I:\projects\8100\8171-22-Skogman\8171-22-7 Orange Road, Waterloo\DWG\Plats\8171-22-7 PP03.dwg Date Plotted 28' B-B TYPICAL ROADWAY CROSS SECTION HALL AND HALL PROJECT NUMBER: 8171-22-7 Project Number: 8171-22-7 iL 0 0 Page 434 of 619 / \ 10) Ypg�I�11 ��Y S.� 11 A. ze�1�' I sSC� o 21 / I / 1 / I I 1 I / <0'17 / / / J --954- - 953 EXISTING 8" WATERMAIN AND FIRE HYRDANT / WATERMAIN EXTENSION\ FROM BLAINE ROAD T 0 / / Ia1p11 0 21' -949-- ▪ Q o w in Q ✓ Y LI! < 0 J J D CO ce - u W Lu uJ 71-1 ,347' — -943 14, JD I \ OVERFLOW ELEVATION EXISTING 12" CULVERT TO REMAIN / J h� / / �) EXISTING CEMETERY ACCESS TO REMAIN O • LLJ ZWOLO • oc a Y LU Z ((.9-ggk W BASIN SPILLWAY, 35' WIDTH EXISTING 24" CULVERT TO BE REMOVED / TOP OF BERM TO DIRECT DRAINAGE TOWARDS KIMBALL AVE 2' WIDTH (TYP.) EXISTING SHED TO BE RELOCATED cc ct 0 cn >- ILI ILI 4' L GRADE SWALE AT MIN 1.5% 6' BOTTOM WIDTH, 0.5' DEPTH 11,942 SF PORTION OF ACCESS ON . LOT 50 TO BE REMOVED 96/ PROPOSED DRY BOTTOM DETENTION BASIN 2 PORTION OF ACCESS ON TRACT C TO BE REMOVED EXISTING GRAVEL ACCESS TO BE RELOCATED WITHIN 24' STRIP AND PAVED AT 12.5' WIDTH. PAVED ACCESS TO SERVE AS OVERFLOW N ROUTE FROM DETENTION BASIN 2 MIN 1.00/0 AND 1.25' DEPTH z co cc V\11- cn CHURCH OF BRETHREN SOUTH WATERLOO - / 131413-1.SMD PORTION 0.22 AC / TOP OF BERM 6' WIDTH • • / , , fj ' , ,„ L. co / CAVANAUGH, LYNNE A 6205 KIMBALL AVE WATERLOO, IA 50701 0.31 AC 2135 W GRACE ST OLATHE, KS 66061 LOT 33 19,186 SF 0.44 AC SWALE #3 GRADE SWALE AT MIN 2.0% BOTTOM WIDTH, 0.75' DEPTH 965.95 14,053 SF \ \ \ 9 _9606.3_,.._2 :1 OVERFLOW '.96.> ELEVATION 60' ROIW 0.21 AC 10,986 SF CO 8,639 SF 0.20 AC 28' LOT 31 9,196 SF_ LOT 28 11,427 SF 0.26 AC 972 TURNAROUND PER FIRE CODE CENTERED ON LOT LINE 12,562 SF/ 0.29 AC 9,304 SF -96-7 >y/O, LOT 21 14,421 SF 0.33 AC / 975 LOT 15 \ 10,960 SF • 9,794 SF 11 / Yco OAK HILL, WAY Ln Luce '-' 2/ ,' 68 \ I 'r-L>L-., 5):t 86 0> 0 Luce / rz -----8,.„ ,-4 Luc` / / v) z ,,, w . z li „,I .0;v20 vs°3.314 (311 zLho WATERLOO, IA 50701 \ 50) 0.H0)- -;40)->w_r,8_ cc C1//(\(._'-1112"‹ N'D Lli.0 1 ---i\ ik oThi /09_,70 r ---' KXMBALL AVENUE as cc Lu Lu Lu ce co LOT 60 10,858 SF 0.25 AC TRACT A 4.24 AC 60' ROW 7 / SAHINOVIC, SACA // / ( \ / / / / - z -985 i LOT 67 8,238 SF REMOVE EXISTING SANITARY MANHOLE AND 6" PIPE PLUG END OF PIPE 4 EXISTING UTILITY POLE TO BE RELOCATED - LOT 5-984 11,445 SF 0.26 AC 7 • / -988 7 WATERLOO, IA 50701 / TRACT B PROPOSED IL_ DETENTION igliwiwwwwwer -fn co L UTILITY EASEMENT (10' UNLESS OTHERWISE LABELED) STORM SEWER EASEMENT (20' UNLESS OTHERWISE LABELED) DRAINAGE EASEMENT (20' UNLESS OTHERWISE LABELED) DRAINAGE, STORM SEWER, AND SANITARY SEWER EASEMENT (25' UNLESS OTHERWISE LABELED) PUBLIC DRAINAGE AND PRIVATE STORM SEWER EASEMENT (12' UNLESS OTHERWISE LABELED) PUBLIC SANITARY SEWER EASEMENT (12' UNLESS OTHERWISE LABELED) PUBLIC WATERMAIN EASEMENT (12' UNLESS OTHERWISE LABELED) PUBLIC WATERMAIN AND ACCECSS EASEMENT (10' UNLESS OTHERWISE LABELED) PUBLIC ACCECSS EASEMENT (10' UNLESS OTHERWISE LABELED) 1. ALL PUBLIC STREETS SHALL BE 7" PCC ON 6" COMPACTED GRANULAR SUBBASE. ALL PUBLIC SIDEWALKS SHALL BE 4' WIDE PCC UNLESS NOTED OTHERWISE. TRACT A TO BE DEDICATED TO THE CITY AS RIGHT-OF-WAY - 4. TRACT B AND C TO BE PRIVATELY OWNED AND MAINTAINED. TRACTS TO BE USED FOR OPEN SPACE AND STORMWATER MANAGEMENT. 5. TRACT D TO BE DEEDED BACK TO PROPERTY OWNER AT 155 W. ORANGE ROAD. TRACT E TO BE DEEDED TO PROPERTY OWNER AT 6114 KIMBALL AVENUE OWNER SHALL COORDINATE WITH WATERLOO POST OFFICE FOR PLACEMENT OF MAILBOX CLUSTER. MOORE, LESLIE L & 138 W ORANGE ROAD' WATERLOO, IA 507011 WALTERS, KELLY A \ WATERLOO, IA 50701 \‘:\ .._] / 1 \ / SMITH, JAMES & / 17 66' ROW 25' E-E / WATERLOO, IA 50701 / -965 ANDERSON, SAMUEL C 110 W ORANGE ROAD WATERLOO, IA 50701 GRADE SWALE AT MIN 2.6°/o EXISTING TREES TO REMAIN „-- TIESKOTTER, ANGELA S fi / ELEVATION = 967.50 OPEN CUT KIMBALL AVE TO INSTALL STORM MANHOLE SERVICE TO LOT 70 TO INSTALL WATER SERVICE — BORE SANITARY / / / OPEN CUT KIMBALL AVE Revision Description Revision Number & Date 144 Lo ico cool co 80 co www.halleng.com re cLW Co W • • z LJJ zD ,, 0 rj r: 8 / / ei. 05 30 60 90 GRAPHIC SCALE IN FEET 120 Designed by: JGS Drawn by: JGS Checked by: LMH Date: 08/11/2025 Field Book No: Scale: Sheet: 2 of 2 Project Number: 8171-22-7 Lu 0 Ln Page 435 of 619 City of Waterloo Planning, Programming and Zoning Commission August 12, 2025 GRACE DR W.ORANGE RD Area to be rezoned SCHOOL') Sourges: Esri, TomTom, Garmin, FAC con rrii u — BLAINE RD E ORANGE RD NOAA, USGS, © OpenStreetMap �r the GIS User Community West of Kimball Avenue, South of Orange Road Rezone from "R-i" to "R-1, R-P" Midwest Development Co Pnnn AoR pf C.1 rli w _ t 'J s i 881321226002 EDIN SAHINOVIC 161 W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL 881321201013 DANA L. AND DEBBIE S. MESSERLY REV. TRUST ZONE R-1 CLASS: AGRICULTURE zo a MOa (n OOZ(0 (a 1 Q z -aQ () La N Q Z M LI O coz�NN aoz < 881321226026 ROBERT L. FRIEDLY 145 W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL 1 a F 881321226028 MARVIN C. DE WAARD 139 W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL EXHIBIT REZONING PART OF THE N.E.1/4-N.E.1/4, SECTION 21, T88N, R13W WATERLOO, BLACK HAWK COUNTY, IOWA ORANGE ROAD • \D( I 881321226027 DANIELLE J. DROSTE 129 W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL EXISTING ZONE (R-1) ONE AND TWO FAMILY RESIDENTIAL DISTRICT PROPOSED ZONING (R-1, R—P) RESIDENTIAL DISTRICT WITH PLANNED RESIDENCE DISTRICT OVERLAY 1.\,QPO�i e6,OhP`IO�� Q\/ r00 881321251007 JULIA K. AND JOHN W. MILLER TRUST 145 BLAINE RD. ZONE R-1 CLASS: RESIDENTIAL 8813221276001 SADLER Sc SONS LLC 150, 152 BLAINE RD. ZONE R-1 CLASS: RESIDENTIAL 8813221276002 KEVIN D. AND DIANE E. SITTIG 140 BLAINE RD. ZONE R-1 CLASS: RESIDENTIAL 881321226017 JOHN M. KOCH —11 6114 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL — —. • 881321226018 JUDY L. AND GARY J. SADLER 6122 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL TIMOTHY 19 881321ANNOESLEY SVR��� 6132 KIMBALL AVE, (OF 0011: ZONE R-1 P\-P CLASS: RESIDENTIAL `LO 881321226020 MARGARET A. ROUSSELOW 6142 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL 881321226021 JOSEPH P. MC GOVERN P 0��g 6150 KIMBALL AVE. 00� I tk2 ZONE R-1 OQPGE CLASS: RESIDENTIAL 881321226022 TIMOTHY R. EVERETT 6204 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL 881321226023 LUCAS J. AND STEPHANIE N. SCARBROUGH 6220 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL OF o$c�tk2� P- Z00� 0 8813221276003 JARED S. AND SCOTT M. HOTTLE 124, 126 BLAINE RD. ZONE R-1 CLASS: RESIDENTIAL 8813221276004 BLAIR E. BOYNTON 6236 KIMBALL AVE. ZONE R-1 CLASS: RESIDENTIAL KIMBALL AVENUE 881321226025 CITY OF WATERLOO W. ORANGE RD. ZONE R-1 CLASS: RESIDENTIAL 000 0 50 100 150 200 GRAPHIC SCALE IN FEET SCALE: 1"=100' REQUESTER: MIDWEST DEVELOPMENT, LLC OWNER: CITY OF WATERLOO, IOWA COMPANY: HALL & HALL ENGINEERS, INC. 1860 BOYSON ROAD HIAWATHA, IOWA 52233 319-362-9548 EXISTING ZONING AND REQUIREMENTS: (R-1) RESIDENTIAL DISTRICT FRONT YARD SETBACK: 30' SIDE YARD SETBACK: 10% OF THE LOT WIDTH, WITCH IN ANY CASE SHELL NOT BE REQUIRED TO EXCEED 10 FEET REAR YARD SETBACK: 30' MINIMUM LOT SIZE: 9,000 SQ.FT. MINIMUM LOT WIDTH: 75' MAXIMUM HEIGHT/STORIES: 2 1/2 STORIES OR 35 FEET MAXIMUM LOT COVERAGE: 35% SOURCE OF ZONING REQUIREMENTS: CHAPTER 8, SECTION 10-8-1 ONE AND TWO FAMILY RESIDENTIAL DISTRICT. PROPOSED ZONING AND REQUIREMENTS: (R-1, R—P) RESIDENTIAL DISTRICT WITH PLANNED RESIDENCE DISTRICT OVERLAY FRONT YARD SETBACK: 30' SIDE YARD SETBACK: 10% OF THE LOT WIDTH, WITCH IN ANY CASE SHELL NOT BE REQUIRED TO EXCEED 10 FEET REAR YARD SETBACK: 30' MINIMUM LOT SIZE: REDUCED FROM R-1 MINIMUM MINIMUM LOT WIDTH: REDUCED FROM R-1 MINIMUM MAXIMUM HEIGHT/STORIES: 2 1/2 STORIES OR 35 FEET MAXIMUM LOT COVERAGE: INCRESSED FROM R-1 MINIMUM SOURCE OF ZONING REQUIREMENTS: CHAPTER 8, SECTION 10-8-1 ONE AND TWO FAMILY RESIDENTIAL DISTRICT. LEGAL DESCRIPTION PART OF I CAPTION The East 29 17/27 rods of the Northeast Quarter of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Block Hawk County, Iowa, except Parcel 'B" of Plot of Survey Doc. #2006-17037, and olso except the Eost 16 rods of the South 38 1/6 rods thereof, and also except that port described as: Commencing at a point on the East line of said Section that is 38 'fi rods North of the Southeast corner of the Northeast Quarter of the Northeast Quorter of said Section; running thence North along the East line of said Section 136.25 feet; thence West at right angles 216.5 feet; thence South at right angles 136.25 feet; thence East at right angles 216.5 feet to the place of beginning; And also except that part lying within the following described premises: Commencing at o point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning, thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quarter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter,a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning. PART II OF CAPTION Those ports of the North One —Half of the Northeast Quarter of Section 21, Township 88 North, Range 13 West of the 5TH Principal Meridian in Black Hawk County, Iowa described as follows: Commencing at a point 29 17/27 rods West of the East line of said Section and 46 517/1337 rods or 765.38 feet South of the North line of said Section, which point is the point of beginning thence East a distance of 224.89 feet to a point 16 rods West of the East line of said Section along a line parallel with the North line of said Section, thence South a distance of 554.62 feet along a line parallel with the East line of said Section, which point is the South line of said Northeast Quorter of the Northeast Quarter, thence West along the South line of said Northeast Quarter of the Northeast Quarter, a distance of 392.7 feet, thence North along a line parallel with the East line of said Section, a distance of 554.62 feet, thence East a distance of 167.81 feet to the point of beginning, And Commencing at a point 415 feet South and 29 17/27 rods West of the Northeast corner of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence South along a line parallel with the East line of said Section a distance of 905 feet to the South line of said North Half of the Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section o distance of 432.19 feet to a point 656.7 feet West of the East line of said Section; thence North along a line parallel with the East line of said Section a distance of 554.62 feet; thence East along a line parallel with the North line of said Section a distance of 167.81 feet; thence North along a line parallel with the East line of said Section a distance of 350.38 feet to a point of beginning. PART III OF CAPTION A part of the North One Half of the Northeast Quarter of Section 21, Township 88, North, Range 13 West of 5TH Principal Meridian in Black Hawk County, Iowa, described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 174.9 feet; thence East along a line parallel with the North line of said Section a distance of 143.55 feet; thence South along a line parallel with the East line of said Section a distance of 240.1 feet to a point 415 feet South of the North line of said Section; thence West along a line parallel with the North line of said Section a distance of 600 feet; thence North 30 feet to a point 385 feet South of the North line of said Section; thence East at right angles a distance of 113 feet; thence North at right angles a distance of 218 feet; thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning; except that part thereof described as follows: Commencing at a point on the North line of said Section that is 143.55 feet or 8.7 rods West of a point 29 17/27 rods West of the Northeast corner of said Section; thence South along a line parallel with the East line of said Section a distance of 244.9 feet, thence West along a line parallel with the North line of said Section to the most Westerly line of said described real estate, thence North to a point 167 feet South of the North line of said Section, thence East along a line parallel with the North line of said Section a distance of 160 feet; thence North 167 feet to the North line of said Section; thence East along the North line of said Section to the point of beginning. CITY OF JTERLO 0 ovm Cornet nfCy of Opportuthrty Revision Descrip ion Revision Number & Dote HALL & HALL ENGINEERS, INC. ww.halleng.com wZ Z I-Z U< M I d Nrn UZ LO < < N d pri �O J <- U> (nw Q . �a LL QZ Q JZ _00 •J 0 • a▪ °' z� M w Z wuj o� Z> cn M Oct }v ZL OLLj wu") mZ JD 00a � 0 Sheet Title: Designed by DLK Drown by: DLK Checked by Date: 6/18/2024 Field Book No: SKO 21 Scale: 1"=100' Sheet: 1 of 1 Project Number: 8171-22-7 0 Jun 18, 2024 — 11:54om Plotted By : CAD File: I:\projects\8100\8171-22—Skogmon\8171-22-7 Oronge Rood, Woterloo\DWG\Plats\8171-22-7 REZONE EXHIBIT 3D2024.dwg Date Plotted Page 437 of 619 HIGHLAND MEADOWS ADDITION a'e EXAMPLE HOUSE PHOTOS HOMES Page 438 of 619 \ \ \ \ \\ / // / \ / / - \ \ \ \ \ \ \ \ 7� \ \ \ \ \ \ \ \ \ \ \ \ \1I\\\\\�-�/////////////�7 `\ \\\\ \ \\ 1\I\ \,,,,..,,, \_� �� j, j// \\ \ \ \ \ \\ \��--_''� 7i ///i-//7 \ \ -- ' \ \ \ \ \ \�`__ 7 i 7 7 / / \ \ \ \ \ _ - -'� 7 / / / - \ ` - _ i / 7 / / \\ \ \ \ \ \ \��--- '/ 7 / / / \ \ \ \ \ \� --- 7' �i/ / \ \ \ \ \_----- -7 // \`/ ----- 7 7`/ \ ' / - - / / / \ i 7 / / \\ -�//-�1 1 1 // �/ / I 1 1 / / / I II / 1 I / -�i / / / / / // / / // / / / / / / / I / / / / 1 I / / / / / \ / 2 // I 1/ / l I l I / / / / / / I I I / / / / / I 1 1 7 / �! _ // / fi - I� l \ / / / I \ \ \ ' / // /I J I \1 Il \I / ,- // /// // \ I\ / / / / / / 7 / / \ __ \ 7 7 77 / \ / \ \ 7 \ \ \ \ \ - 1 \ > I / / / / / // / / / -77 / / // 77 /.7 / / / / i -� / / 7 i i /- I \ / / / // / // // 7/ i ( / / / / 7 / / > 7 7 1 r / I I 1 r) i i 7 7 77 / --J�// / . --- / / / / 77 7 / / / \ IN / /� / / 1 i j/ // / j/ / l i // % / / - // / / / / /7 , 77 / / •/ // (ots/ / (oiss) / / (o1s �/ i) ) / // / / / / , / I I I / 1014 FRss / / / 7- / BLOW, CINDY 6247 KIMBALL AVE WATERLOO, IA 50701 WATERLOO, IA 50701 • LOT 39 LOT 50 12,444 SF 0.29 AC WATERLOO, IA 5070 / / / / 2 / / / 7 / 7 13,683 SF 11,942 SF COT 36 / 0.27 AC LOT 41 9,408 SF -1 LOT-42 1'5,610 SF-7 16,718 SF LOT 49 9,299 SF 0.21 AC LOT 5 LOT 48. 9,299 SF 0.21 AC 1.50 AC LOT 47 8,619 SF 0.20 AC 7,658 SF 0.18 AC WATERLOO, IA 50701 0.22 AC _LOT 457-- LOT 46 11,427 SF 0.26 AC / / rt 7- / 7 2135 W GRACE ST __OLN THE, KS 66061 17,113 SF 0.39 AC 12,164 SF LOT 17 12,562 SF 0.29 AC 0.21 AC 0.25 AC LOT 52 6145 KIMBALL AVE 2 - 41 LOT 56 10,557 SF 0.24 AC LOT 57 10,559 SF 0.24 AC LOT 18 10,381 SF 0.24 AC 10,221 SF 0.23 AC 9,71:5 SF 0.22 AC / / -7 II 1* - - -- ,_ ____ ____ - \ I I r\ : 12:I liv 1:r i ! - --- - 1 / / / - / / / / / - : z / / /1 --__/: f://rj27,------ :--------- \ --/ / / / / - 7 1111( i (L7\\ii _________,\ \))((\1 \\I _\,42_)TIII) \\ \ il 1 ri,\\1111/1 (1 11 :///0:-\,\IIIII I/17 c _ : \\ \\ \ \\\ \I \ )\ II 1 K(/ II I ir)//r \ \ \ \ 1 r I z 2 i -N 1\11 1 ill 1 1 7 /I /1 // /1 \ \i\il \ ( \2 / 1 1 c 1-211(ii IC 1 )1 / (-E )1° ' (7 (I// 11 / / / / - / / / 1 / 1 / 2 / 1 / / / / ) / / / / 1 / / / / / ( / 7 / / / 111.0111110 1 _______ lisli_z____I\ //)J11,)////,11(1/1( /(/: /____ _ // / , ---) 1121 \IN_ C \ : \ / - \ \ ) 1 \ I / 27 / _7 , I ii/ / ) 111 ; \\ I --‹ )\-' 1\(\ ()/j()/(/\ 1 L) () \\ \> / - \ / 7 ,/ \ /-- • /ir // /,,\\ j ft;ic),„\,„\i/\\,/,') j:_,\Gii;^(CEz11.:11(1;V/IE(---- , 1\ 1 \ _-\ ,....-\ __): _- - - __ __. __ --- - -, , \ ; 1///),/ 1 ( i (\ :II 1I' i1)\/\ ))___:?)1(70(__Ic/\);\)/1\ /I \I\ 7 III ( \ (SICH00111C7VER: LUKE Ji -__:: \ \) \ \ NN 7 7 TRACT D 150 W ORANGE ROAD WATERLOO, IA 50701 / 1 1 \i/ / -./ / '. '''' ,___\ 7: / 77 7: :///// /7 /;1---'l-7:-.:- /1: \N:_z_:717 //7: ///:///://7 lii: 1- : / 145 W ORANGE ROAD FRIEDLY, ROBERT L __ __ ___ ____ 1:17 :72A _,___ :7 7v77 7/ /7 / // i ://:// //1/1: / /:/ : /, /: - // /7,/7-z /I / /7 7 -17: I / -MI1 /jA11(117- 7 ( ) I \ \ \ \ N ) n \ ,D,::::= '='„,',-F.'i i 0 II,2, r WATERLOO IA 50701 , : ) --'- 1 Z)I :/ e ///(/ / -- ---- 130 W ORANGE ROAD i 4__- -fr-261F I 138 W ORANGE ROAD WATERLOO, IA 50701 / / / / dr* " / 7 116 W ORANGE ROAD / 1 \ _____. __. i.7 ,/ y / ____:. .,..___ i / 1 i___ /r... ::,._ ----;_,- -2:/-____::-.---i__ ,."=____ _ ri / / ct lATERLOO, IA 50701 N - 7 - ' -To _ , _. i „ // I( II 1\ -LH // ) !) / 2 (i /7: i I \/- _, 2 -- - - - '-- \ / \ I (1 111161111H J • / 1 / / N I ( / ) ) ) \ \ \ \ / I \ \ 1-1 1 11,274 SF -3 ..%fig .8"V,-. _.5.--:.:, i /0: \ \\ C Ili) _:___1\ ____c_ _ _ _ _ : _ ::___ -7:::::: _7;1: -- ::::\ :___ . j,__ I: 1\ ii________):; ;i/ _ =_;___ ) 7 : f __I ) \ _ _._, \) _ ,- ( ___ ) _,-,L1 1 , I 21 /) 1\ ) \\ . \\\ \j . ____:\ _7: _ , _ . _ _\\ \ \\______(\ _________,___\_ _ _ _ : I_:: _ : - ---- 72- --"/ --= ----;----r--------- ;--K --f- 1r( I cLit L\ \ \\ ------ W -- -_----- --- r 7- 7 :._ --__//- --_,....____•----_ ____/ ,...„. \- ------ : -----T, .____ /_:-__._7 ___.,_ ,_____ ,_ ___\\ \_-----_„: _i _ _,./ 1 „.. _,.\_:/ \ J\ ____ s..... -__ _. _ ,. -44.-; :.7-ii LOT 22 9,147 SF LOT 25 7,759 SF 0.18 AC 9,132 SF 0.21 AC -TRACT E, 141. LOT -15 SAHINOVIC, SAGA 161 W ORANGE ROAD WATERLOO, IA 50701 10,311. 0.24 AC 'LOT 12 11,113 0.26 AC LOT 11 0.22 AC HO GREIMAN, DUSTIN L & 70 E ORANGE ROAD WATERLOO, IA 50701 LOT 63 0.25 AC 155 W ORANGE ROAD WATERLOO, IA 50701 9,740 SF 0.22 AC 107020 5179AI LOT 5 11,445 SF 0.26 AC 0.23 AC 0.19 AC LOT 68 6,950 SF 0.16 AC LOT 62 GREIMAN, DUSTIN L & 6101 KIMBAL AVE WATERLOO, IA 50701 0.19 AC / LOT 70 13,951 SF GREIMAN, DUSTIN L & 70 E ORANGE ROAD WATERLOO, IA 50701 LOT 2 7,310 SF 0.17 AC 10,108 SF. 0.23 AC / / Revision Description Revision Number & Date www.halleng.com CC w co w a al zD o r: Designed by: JGS Drawn by: JGS Checked by: LMH Date: 09/29/2025 Field Book No: Scale: Sheet: 1 of 1 Project Number: 8171-22-7 0 Page 439 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE FY 2026 Sidewalk Infill, Sidewalk Ramp and Trail Repair Program - Zone 5A, Contract No. 1131. 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 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. 10.02.2025 Sidewalk Ramp and Trail Repair Program - Zone 5A, Contract No. 1131 Page 440 of 619 Sidewalk Ramp and Trail Repair Program - Zone 5A, Contract No. 1131 Engineer's Estimate: $521,463.25 Bid Opening: October 2, 2025 Bidder Bid Security Bid Amount BROCK EVEN CONSTRUCTION, LLC JESUP, IOWA 5% $514,173.40 MIDSTATE SOLUTION BAXTER, IOWA 5% $230,786.93 BOULDER CONTRACTING GRUNDY CENTER, IOWA 5% $371,161.48 VALENTINE CONSTRUCTION, CO. 5% $259,963.11 Page 441 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department AGENDA ITEM TITLE FY 2026 Winn Street Sanitary Sewer, Contract No. 1134. RECOMMENDED COUNCIL ACTION MEETING DATE October 6, 2025 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. 09.18.2025 Winn Street Sanitary Sewer, Contract No. 1134 2. J25425 Winn Street Sanitary Sewer 3. J25425 Bonds Page 442 of 619 4. J25425 - COI Page 443 of 619 FY 2026 Winn Street Sanitary Sewer, Contract No. 1134 Engineer's Estimate: $360,491.70 Bid Opening: September 18, 2025 Bidder Bid Security Bid Amount LODGE CONSTRUCTION CLARKSVILLE, IOWA 5% $333,829.90 DENVER UNDERGROUND & GRADING, INC. DENVER, IOWA 5% $287,973.60 5% $294,767.60 BAKER ENTERPRISES, INC. WAVERLY, IA BOOMERANG CORP ANAMOSA, IA 5% $346,918.90 WYNN COMPANY LLC WARSAW, IL 5% $363,775.50 PETERSON CONTRACTORS, INC. REINBECK, IA 5% $280,613.50 Page 444 of 619 Ja54a.5 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF WINN STREET SANITARY SEWER CITY OF WATERLOO, IOWA CONTRACT NO. 1134 This contract made and entered into this day of , 20, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Peterson Contractors Inc. of Reinbeck, Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 Contractor agrees to build and construct the WINN STREET SANITARY SEWER, Contract No. 1134, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanship like manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before May 31, 2026 . PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or FORM OF CONTRACT CONTRACT NO. 1134 Page C-1 OF 4 AECOM 60701559 Winn Street Sanitary Sewer Page 445 of 619 PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 PAR. 15 property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the FORM OF CONTRACT CONTRACT NO. 1134 Page C-2 OF 4 AECOM 60701559 Winn Street Sanitary Sewer Page 446 of 619 PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $ 280,613.50. After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not Tess than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT CONTRACT NO. 1134 Page C-3 OF 4 AECOM 60701559 Winn Street Sanitary Sewer Page 447 of 619 CITY OF WATERLOO, IOWA Mayor City Clerk Peterson Contractors, Inc. Con"or B:C*02:W-elat:Vv.° Title: president Approved by the City Council of the City of Waterloo, Iowa, this day of , 20_. ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT CONTRACT NO. 1134 Page C-4 OF 4 AECOM 60701559 Winn Street Sanitary Sewer Page 448 of 619 Sd51+a5 Bond No. 108280838 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Peterson Contractors, Inc. of Reinbeck, IA (the "Principal"), and Travelers Casualty and Surety Company of America of Hartford, CT (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Two Hundred Eighty Thousand, Six Hundred Thirteen and 50/100 Dollars ($ 280,613.50 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of Winn Street Sanitary Sewer, Contract No. 1134, Waterloo, IA . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. PERFORMANCE BOND CONTRACT NO. 1134 Page PFB-1 OF 2 AECOM 60701559 Winn Street Sanitary Sewer Page 449 of 619 Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL Peterson Contractors, Inc. Title: president SURETY Travelers Casualty and Surety Company of America [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PNp SURflV <e~HARTFORD, °"' CONN. :o f If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PERFORMANCE BOND CONTRACT NO. 1134 Page PFB-2 OF 2 AECOM 60701559 Winn Street Sanitary Sewer Page 450 of 619 Bond No. 108280838 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Peterson Contractors, Inc. (Name of Contractor) P.O. Box A, Reinbeck, IA 50669 (Address of Contractor) a Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and, Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square, Hartford, CT 06183 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo 715 Mulberry Street, Waterloo, IA 50703 (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of Two Hundred Eighty Thousand, Six Hundred Thirteen and 50/100 Dollars $ 280,613.50 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 20_, a copy of which is hereto attached and made a part hereof for the construction of: WINN STREET SANITARY SEWER CITY OF WATERLOO, IOWA CITY CONTRACT NO. 1134 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be PAYMENT BOND CONTRACT NO. 1134 Page PB-1 OF 2 AECOM #60701559 Winn Street Sanitary Sewer Page 451 of 619 performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Three (3) IN WITNESS HEREOF, this instrument is executed in counterparts, each one of (number) which shall be deemed an original, this the day of , 20 ATTEST: (Principal) Secretary (SEAL) Witness as to Prin P.O. Box A, Reinbeck, IA 50669 (Address) ATTEST: it s as to Surety Hol Murphy and Associates LLC 2727 Grand Prairie Parkway, Waukee, IA 50263 .40 race Dic i (Address) Peterson Contractors, Inc. Principal P.O. Box A (Address) Reinbeck, IA 50669 Travel asua and Surety Company of America Surety Attorney -in -Fact Anne Crowner Holmes, Murphy and Associates LLC (Address) „ "Itnln,,,l,'," ``` ,P�pURETyCo,% 2727 Grand Prairie Parkway, Waukee, IA 50263 s HARTFORD, i I; CONN. ao V '",,$,,,In,,,InHn'°' NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PAYMENT BOND AECOM #60701559 CONTRACT NO. 1134 Page PB-2 OF 2 Winn Street Sanitary Sewer Page 452 of 619 TRAVELERS J Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Anne Crowner of WAUKEE Iowa , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. State of Connecticut By: City of Hartford ss. Robe. R�enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 cc Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this day of Kevin vin E. Hughes, Assistant To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached. Page 453 of 619 PETECON-06 ZCOUNSELL ,4coRif, CERTIFICATE OF LIABILITY INSURANCE �------ DATE (MM/DD/YYYY) 9/22/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # BR-1348703 Higghstreet Insurance & Financial Services 302 Main Street, Suite 2 Cedar Falls, IA 50613 CONTACT NAME: PHONE FAX (A/c, No, Ext): (319) 874-4242 (A/C, No):(319) 348-2646 ADDRESS: cedarfalls.admin@highstreetins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Greenwich Insurance Company 22322 INSURED Peterson Contractors, Inc. 104 Blackhawk St PO Box A Reinbeck, IA 50669 INSURER B : StarStone National Insurance Company 25496 INSURER C : XL Specialty Insurance Company 37885 INSURER D : Zurich American Insurance Co 16535 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X CGD745990205 7/1/2025 7/1/2026 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR REMI ETO(EaRENTEDoccurrence) PREMISES P $ 300,000 X Blanket Contractual MED EXP (Any one person) $ 10,000 X XCU Coverage PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES Fla PER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS AUUTOS ONLY CAS745990305 7/1/2025 7/1/2026 COMBINED SINGLE LIMIT (Ea accident) 2,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY a E accident) DAMAGE $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CSX90491203P-00 7/1/2025 7/1/2026 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A CWD745990105 7/1/2025 7/1/2026 X PER STATUTE X TH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ D D Rented/Leased Equip Cargo CPP9267064 CPP9267064 7/1/2025 7/1/2025 7/1/2026 7/1/2026 Per occurrence Per Occurrence 5,000,000 2,500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: J25425 Winn Street Sanitary Sewer, Waterloo, IA, Contract No. 1134 City of Waterloo and AECOM Technical Services, Inc. are named as additional insured per written contract requirements. CERTIFICATE HOLDER CANCELLATION Cityof Waterloo 715 Mulberry St. Waterloo, IA 50701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED DRR`E P R�E S E N TAT V I E ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 454 of 619 POLICY NUMBER: CGD745990205 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. VARIOUS AS REQUIRED PER WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 Page 455 of 619 POLICY NUMBER: CGD745990205 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE"OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. VARIOUS AS REQUIRED PER WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG20101219 © Insurance Services Office, Inc., 2018 Page 1 of 2 Page 456 of 619 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 Page 457 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Sale and conveyance of a portion of the property to the southwest of 3211 Titan Trail, to Xcel Electric LLC, in the amount of $1.00, for the construction of a 4,000 square foot building, including a Development Agreement, and authorize the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Xcel Electric will build an 80' x 50' (4,000 square foot) commercial building on the northern 95' of Lot 4, Greenbelt Centre Plat No. 7. The City will convey the property for $1.00 to the company for the construction of the new building. The business will employ 6 employees and will plan to add more in the future. NEIGHBORHOOD IMPACT The request would appear to have a positive impact on the area as the Development Agreement would add an additional business to a developing business park in Waterloo and add more tax base to the City. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 458 of 619 The northeasterly 110 feet, in even width, of Lot 4, Greenbelt Centre Plat No.7, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. DA - Mumic Xcel Electric 2. Titan Trail Dev - Haris Site Plan Page 459 of 619 Prepared By: Austin J. McMahon, Lange & McMahon, PLC, 222 1st St. E., Independence, IA (319) 334-4488 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") ip entered into as pf this m day of , 2025, by and between )(t ct0, -lc, ("Company") ana the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the Martin Road Development Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and construct structures and related improvements on real property located in the Urban Renewal Area and legally described in Exhibit A. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. Page 460 of 619 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 ("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 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 or develop a 80' by 50' (4,000 sq. ft.) commercial building as well as related landscaping, storm water control, paving, signage and parking improvements (collectively, the "Improvements"). Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban renewal plan 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's review and reasonable 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, including but not limited to final permit inspections. The Property, the Improvements, and all site preparation and development -related work to make any of the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Improvements" or "Project." 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly Tess than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City Page 461 of 619 shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide construction to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans or Modified Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans or Modified Plans shall continue to apply until they have been approved by the City, provided, however, that in any event Company shall submit Plans or Modified Plans which are approved by City prior to commencement of construction of additional or modified Improvements. Approval of the Plans or Modified Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans or Modified Plans by City be deemed to constitute a waiver of any Event of Default. Approval of Plans or Modified Plans hereunder is solely for purposes of this Agreement and shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. 4. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and that without said commitment City would not do so. A. Deadlines to Commence and Complete. Company must obtain a building permit and begin construction of the Improvements within six (6) months after the date of conveyance (the "Start Date") and Substantially Complete construction within fourteen (14) months after the date of conveyance (the "Completion Deadline"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto and the City has verified that any Project element for which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. The City's Community Planning and Development Director may, but shall not be required Page 462 of 619 to, consent to an extension of time of up to six (6) months for the construction of the Improvements. Any additional or longer extensions will require consent of the City Council. B. Events Triggering Termination and/or Reverter of Title. If Company does not begin or Substantially Complete construction of the Improvements on the schedule stated above, subject to Unavoidable Delays, then City may terminate this Agreement, 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 extreme weather such as ice, ground freezing, and other conditions that restrict construction, as well as an Act of God, war, civil disturbance, court order, labor dispute, fire, pandemic, governmental mandates (local, state or federal), delays in City approvals, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. If City terminates this Agreement, City shall have no further obligations to Company under this Agreement, including but not limited to, any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reimbursement of any sums paid to or for the benefit of Company in connection with the Project, in addition to exercising any other available remedies. 5. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 4, or in the event that City terminates this Agreement due to a default of Company, then Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property conveyed back to City. In connection with any reverter of title, Company shall not be entitled to, or otherwise recover any amounts paid to City to acquire the Property or other amounts it expended for the Improvements or Project. 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, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. The Page 463 of 619 foregoing indemnity shall include the cost of removing any Improvements constructed by Company and restoring the Property to substantially the same condition as of the date of conveyance, but shall not include any consequential damages or perceived damages such as lost opportunities for another user. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to, reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 6. No Encumbrances; Limited Exception. Until the Improvements are Substantially Completed, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 7. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property. Company will be responsible for payment of any associated connection fees other than water connection fees, which will be paid by City. 8. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the 1"MAA"') attached hereto as Exhibit "B"' it will not seek or cause a reduction in the taxable value for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $260,000.00 (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 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. 9. Additional Covenants of Company. In to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities Page 464 of 619 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. However, in no event shall Company be required to submit a report more frequently than once every thirty (30) day period. C. During construction of the Improvements and thereafter until the MAA termination date Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. E. Until the MAA termination date Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. The Property will have 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. Until the MAA termination date, 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 Page 465 of 619 to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. 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 executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness agreement or instrument of whatever nature to which 'Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any Page 466 of 619 questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. F, 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. 12. indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's lease or acquisition of the same or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any Willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and conditions of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 13. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or Project area, all of which must be completed within 90 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 90-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such Page 467 of 619 restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 14. No Assignment or Transfer; No Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer this Agreement or its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without written approval and consent by City Council. Notwithstanding the foregoing, the Community Planning and Development Director may provide written approval and consent to an Assignment of this Agreement without written approval and consent by City Council provided that (i) the assignee is an affiliate of Company or an entity with substantially similar ownership or management of Company; (li) the assignee executes a written instrument approved by the Community Planning and Development Director in which the assignee agrees to assume the obligations of Company under this Agreement and agrees to be bound by each and every term of this Agreement in its entirety as though it was an original party to this Agreement. 15. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, any part of the Property, or this Agreement, without the prior written consent of City except as security for financing of Improvements or the Project; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Property. Page 468 of 619 F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 16. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 17. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 18. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City In accordance with, all applicable statutory, common law, or constitutional provisions and Page 469 of 619 procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 19. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 20. Notices. 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, and addressed: (a) If to City, 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) If to Company, Haris Mumic, 1142 Columbus Drive, Waterloo Iowa 50701 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 21. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 22. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 23. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is Page 470 of 619 invalid or unenforceable as Written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 24. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 25. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 26. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 27. Counterparts. This may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 28. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 29. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date set forth above. [signatures on next page] Page 471 of 619 CITY OF WATERLOO, IOWA XQQA CLkr'vz LL By: By: n /�✓�-ems Quentin M. Hart, Mayor Haris Mumic Attest: Title: W'� Kelley Felchle, City Clerk Page 472 of 619 EXHIBIT A Description THE NORTHEASTERLY 110 FEET, IN EVEN WIDTH, OF LOT 4, GREENBELT CENTRE PLAT NO. 7, CITY OF WATERLOO, IOWA Page 473 of 619 EXHIBIT B MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this day of ' ^ , 2025, and among the CITY OF WATERLOO, IOWA ("City,) and ` XC.C.{ L. kr «. ("Company"), and the COUNTY ASSESSOR of the BLACK HAWK COUNTY, IOWA ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within Martin Road Development Plan Area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code§ 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon 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 $260,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Minimum Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Minimum Improvements are not substantially completed by December 31, 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, 2032. 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 Page 474 of 619 Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any Toss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code§ 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or Page 475 of 619 (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date det forth above. [signatures on next page] Page 476 of 619 CITY OF WATERLOO, IOWA By: e_,l GtAA-P By: Quentin M. Hart, Mayor Haris Mumic Attest: Kelley Felchle, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK ) ss. ) Title: < JGJ I'iR� On this day of , 2025, before me, a notary public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn ho 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 =7:D1--1--Y` COUNTY OF 3 l fJL jL ss. Subscribed and sworn before me on 21 7.c7.6 , by Haris Mumic as r b1.�Y12(title) of X e( tiecf`r"C. LL L� (Company). TRAM S ROSS COMMISSION NO. 811963 MY c,OMM18510N EXPIRES 'f-A-J-- otary Public Page 477 of 619 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Two hundred and sixty thousand and 00/ 100 Dollars ($260,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Date Assessor for Black Hawk County, Iowa STATE OF IOWA COUNTY OF BLACK HAWK Subscribed and sworn to before me on by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 478 of 619 Esri Community PGlaps Contributors, Iowa DNR, © OpenStreetMap, Micrq�oft, Esri, TomTory'Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, SGS, EPA, NPS, VS Census Bureau, USDA, USFWS, Sources: Esri, Maxar, rrbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NOS, NMA, GeodatagEyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Interma and the GIS er community Titan Trail Development D.ano A70 of R10 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving a Permanent Easement Agreement in the amount of $4,858.00, and reimbursement for pavement removal in the amount of $983.00, totaling a just compensation amount of $5,841.00, with Beverly Realty, LLC, located at 1507 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 Transmitted is a request to approve a permanent easement agreement in the amount of $4,858.00, and reimbursement for pavement removal in the amount of $983.00, totaling a just compensation amount of $5,841.00, with Beverly Realty, LLC, located at 1507 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 values of the permanent and temporary easements were based off of 120 percent of the assessed value of the property per square foot. 7.8 square yards of concrete driveway will be removed, which is part of an access point onto Locke Avenue. Part of the driveway needs to be removed due to it being too close to the intersection of the reconstructed road. There is a value of $126.00 per square yard, coming out at to $982.80, but rounded up to $983.00. NEIGHBORHOOD IMPACT Reconstruction of the corridor would have a positive impact upon the surrounding commercial area, as the corridor was designed and built in the 1960s. The redesigned corridor will have underground utilities and streetscaping. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 480 of 619 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION DESCRIPTION: PERMANENT EASEMENT PART OF THE NORTHERLY 100.00 FEET OF LOT 16 IN GARDEN PLACE, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 16; THENCE SOUTH 89°43'09" EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE NORTHERLY LINE OF SAID LOT 16, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00°18'45" WEST, 101.26 FEET (100.00 FEET RECORD) TO THE SOUTHERLY LINE OF THE NORTHERLY 100.00 FEET OF SAID LOT 16; THENCE NORTH 89°36'50" WEST ALONG SAID SOUTHERLY LINE, 5.00 FEET TO THE WESTERLY LINE OF SAID LOT 16; THENCE NORTH 00°18'45" EAST ALONG SAID WESTERLY LINE, 101.25 FEET (100.00 FEET RECORD) TO THE POINT OF BEGINNING. CONTAINING 506 SQUARE FEET. ATTACHMENTS 1. Permanent Easement Agreement 2. Parcel Diagram Page 481 of 619 Prepared by Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 Phone (319) 291-4366 PERMANENT EASEMENT AGREEMENT This Permanent Easement Agreement (the "Agreement") is entered into as of , 2025 by and between the City of Waterloo, Iowa ("Grantee") and Beverly Realty, LLC ("Grantor"). 1. Grant of Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, for the purposes stated herein, a permanent easement (the "Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof, as depicted on the easement plat attached hereto as Exhibit "B". 2. Purpose. The Premises is intended for installation, maintenance and replacement of underground electrical. 3. Grantor Duties. Grantor shall allow Grantee access to the Premises, "as is, where is", without any representation or warranty as to the condition of the Premises. Grantor shall have no duty to prepare the Premises in any way for Grantee's use. 4. Grantee Duties. Following completion of Grantee's work in the Premises, Grantee shall restore the Premises to its condition prior to the commencement of construction work, including but not limited to reseeding any grassed areas disturbed by construction activities. Except as may be caused by the negligent acts or omissions of Grantor, its employees, agents or contractors, Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. To the extent permitted by applicable law, Grantee agrees to indemnify and hold Grantor, its employees, agents and contractors, harmless against any loss, damage, injury or any claim or lawsuit for loss, damage or injury arising out of or resulting from the negligent acts or omissions or willful misconduct of Grantee or its employees, agents or contractors. 5. Maintenance. Pursuant to City of Waterloo ordinances, Grantor shall be solely responsible for future sidewalk maintenance, repair and/or replacement and for snow removal upon the sidewalk in question. 6. Authority. The persons executing this Agreement represent and warrant that they are duly authorized to execute and deliver this Agreement and to bind to the provisions hereof the party on whose behalf they are signing. Page 482 of 619 7. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. This Agreement may be executed in counterparts. References in the singular number include the plural, and vice versa. IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement by their duly authorized representatives as of the date first set forth above. IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement by their duly authorized representatives as of the date first set forth above. BEVERLY REALTY, LLC By: Title: 14t4f STATE OF C if t rnia ) WAlvjeks COUNTY) SS. CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: e11c pF.cichle, City Clerk A notary public or other o cer g this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Acknowledged before me on 5 , 2025, by ROlVAit Pr. pt pc AM.O as hn n�aii�.�l everly Realty, LLC REBECA ZEPEOA Notary Public • California Los Angeles County Commission It 2415852 My Comm. Expires Sep 15, 2j 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 2 Page 483 of 619 EXHIBIT "A" Legal Description DESCRIPTION: PERMANENT EASEMENT PART OF THE NORTHERLY 100.00 FEET OF LOT 16 IN GARDEN PLACE, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 16; THENCE SOUTH 89°43'09" EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE NORTHERLY LINE OF SAID LOT 16, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00°18'45" WEST, 101.26 FEET (100.00 FEET RECORD) TO THE SOUTHERLY LINE OF THE NORTHERLY 100.00 FEET OF SAID LOT 16; THENCE NORTH 89°36'50" WEST ALONG SAID SOUTHERLY LINE, 5.00 FEET TO THE WESTERLY LINE OF SAID LOT 16; THENCE NORTH 00°18'45" EAST ALONG SAID WESTERLY LINE, 101.25 FEET (100.00 FEET RECORD) TO THE POINT OF BEGINNING. CONTAINING 506 SQUARE FEET. 3 Page 484 of 619 Exhibit "B" LA PORTE ROAD OWNER: BEVERLY OWNER ADDRESS: 4655 N COLORADO DENVER. CO 80216 PROPERTY ADDRESS: 1507 LA PORTE RD WATERL00, LA 50703 POB� ,...: gin- * 1b �; 4 0 o;� v z; W'LY LINE a Q 0 `� LIB 1x 0 12 =COM PERMANENT EASEMENT RECONSTRUCTION PROJECT WATERLOO, REALTY LLC BLVD PROJECT PARCEL LOCKE S89°43'09" E 5.00' _----,----SB9°43'09"E --�---" _.------ (99') PLAT HDP-8155(786)--71-07 IOWA COUNTY PARCEL: 891336477001 : 207 AVENUE (60') 1731.00' ---------- - A NNN-N'LY PERMANENT EASEMENT CONTAINS 506 SF As- ,,o q;C 16 HA° e'N o;,.. PROJECT �n PARCEL 207 / UNE LOT 17 INN r. v i-5' LY LINE OF THE N'LY 100' OF LOT 16 GARDEN PLACE GARDEN PLACE LEGEND: (99') 1489°36150"W 5.00' N90°00'00.0"E 0.00. (99'1 REFERENCE DOCUMENT 2024-000080 • PARCEL OR LOT CORNER MONUMENT FOUND SI MEASURED D1MENSION RECORD DIMENSION SCALE IN FEET 0 40 80 1„=40' SHEET 1 OF 2 Pa 485 of 619 Exhibit "B" Continued PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER; BEVERLY REALTY LLC COUNTY PARCEL: 891336477001 OWNER ADDRESS; 4655 N COLORADO 9IVD PROJECT PARCEL : 207 DENVER, CO 80216 PROPERTY ADDRESS; 1507 LA PORTE RD WATERLOO. IA 50703 DESCRIPTION: PERMANENT EASEMENT PART OF THE NORTHERLY 100,00 FEET OF LOT 16 IN GARDEN PLACE, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, RING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 16; THENCE SOUTH 89°43'09" EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTIONI ALONG THE NORTHERLY LINE OF SAID LOT 16, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00°18'45" WEST, 101.26 FEET (100.00 FEET RECORD) TO THE SOUTHERLY LINE OF THE NORTHERLY 100.00 FEET OF SAID LOT 16; THENCE NORTH 89°36'50" WEST ALONG SAID SOUTHERLY LINE, 5.00 FEET TO THE WESTERLY LINE OF SAID LOT 16; THENCE NORTH 00°18'45" EAST ALONG SAID WESTERLY LINE, 101.25 FEET (100.00 FEET RECORD) TO THE POINT OF BEGINNING. CONTAINING 506 SQUARE FEET, AECOM SHEET 2 OF 2 Dnn 486 of 619 LA PORTE ROAD PROPOSED STORM PROTECT SIGN SEWER I PROPOSED PERM. EASEMENT 0 20 MET LEGEND RIGHT-OF-WAY/PROPERTY LINES ACQUISTION LINES PERM. EASEMENT LINES TEMP. EASEMENT LINES PERMANENT ACQUISITION PERMANENT EASEMENT TEMPORARY EASEMENT EXISTING ROW 101.3' or PAVEMENT REMOVAL BEVERLY REALTY LLC PARCEL ID:891336477001 1507 LA PORTE RD AECOM PROPOSED WA MAIN ANY PAVEMENT REMOVED WILL BE REPLACED IN -KIND UNLESS OTHERWISE NOTED. PARCEL LPR207 PHASE 2 Public Impact Diagram BEVERLY REALTY LLC La Porte Road Reconstruction 04-10-25 Waterloo, Iowa 60736162 Page 487 of 619 CITY OF ATERLOO J COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving a Permanent Easement Agreement in the amount of $4,097.00, with Kingu Properties, LLC, located at 1419 La Porte Road, in conjunction with the La Porte Road Phase II Reconstruction Project, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a request to approve a permanent easement agreement in the amount of $4,097.00, with Kingu Properties, located at 1419 La Porte Road, in conjunction with the La Porte Road Phase II Reconstruction Project, and authorizing the Mayor and City Clerk to execute said document. The values of the permanent and temporary easements were based off of 120 percent of the assessed value of the property per square foot, which is $7.20, and the permanent easement is 569 square feet. The purpose of the easement is to bore underground electric and have an electrical fuse cabinet. NEIGHBORHOOD IMPACT Reconstruction of the corridor would have a positive impact upon the surrounding commercial area, as the corridor was designed and built in the 1960s. The redesigned corridor will have underground utilities and streetscaping. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Property owners along the corridor have been invited to multiple public information meetings. SOURCE OF EXPENDITURES Crossroads TIF. ALTERNATIVE ACTION Page 488 of 619 LEGAL DESCRIPTION PERMANENT EASEMENT DESCRIPTION: PART OF LOT 1 OF GARDEN PLACE, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, THENCE SOUTH 89°36'17" EAST ALONG THE NORTHERLY LINE OF SAID LOT 1, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00°25'23" WEST, 93.71 FEET; THENCE SOUTH 89°27'31" EAST, 5.00 FEET; THENCE SOUTH 00°25'23" WEST, 10.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 1; THENCE NORTH 89°27'31" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE NORTH 00°25'23" EAST ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 103.70 FEET TO THE POINT OF BEGINNING. CONTAINING 225 SQUARE FEET. ATTACHMENTS 1. Permanent Easement Agreement 2. Project Information Diagram Page 489 of 619 Prepared by Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 Phone (319) 291-4366 PERMANENT EASEMENT AGREEMENT This Permanent Easement Agreement (the "Agreement") is entered into as of , 2025 by and between the City of Waterloo, Iowa ("Grantee") and Kingu Properties, LLC ("Grantor"). 1. Grant of Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, for the purposes stated herein, a permanent easement (the "Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof, as depicted on the easement plat attached hereto as Exhibit "B". 2. Purpose. The Premises is intended for installation, maintenance and replacement of underground electrical and a 6'x 6' fuse box. 3. Grantor Duties. Grantor shall allow Grantee access to the Premises, "as is, where is", without any representation or warranty as to the condition of the Premises. Grantor shall have no duty to prepare the Premises in any way for Grantee's use. 4. Grantee Duties. Following completion of Grantee's work in the Premises, Grantee shall restore the Premises to its condition prior to the commencement of construction work, including but not limited to reseeding any grassed areas disturbed by construction activities. Except as may be caused by the negligent acts or omissions of Grantor, its employees, agents or contractors, Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. To the extent permitted by applicable law, Grantee agrees to indemnify and hold Grantor, its employees, agents and contractors, harmless against any loss, damage, injury or any claim or lawsuit for loss, damage or injury arising out of Page 490 of 619 or resulting from the negligent acts or omissions or willful misconduct of Grantee or its employees, agents or contractors. 5. Maintenance. Pursuant to City of Waterloo ordinances, Grantor shall be solely responsible for future sidewalk maintenance, repair and/or replacement and for snow removal upon the sidewalk in question. 6. Authority. The persons executing this Agreement represent and warrant that they are duly authorized to execute and deliver this Agreement and to bind to the provisions hereof the party on whose behalf they are signing. 7. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. This Agreement may be executed in counterparts. References in the singular number include the plural, and vice versa. IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement by their duly authorized representatives as of the date first set forth above. IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement by their duly authorized representatives as of the date first set forth above. KINGU PROPERTIES, LLC CITY OF WATERLOO, IOWA By:/4/ Title: 1)i-r iikAw STATE OF /ij4j4 ) ) ss. Art, COUNTY) Acknowledged before me on q ////6", 2025, by 405 k?;ik.—as U(�t];�i/Q% of Kingu Properties, LLC By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk TIM ANDERA COMMISSION NO. 772518 MY COMMISSION EXPIRES APRIL 11, 2027 aarry Public 2 Page 491 of 619 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 3 Page 492 of 619 Exhibit "A" PART OF LOT 1 OF GARDEN PLACE, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, THENCE SOUTH 89°36'17" EAST ALONG THE NORTHERLY LINE OF SAID LOT 1, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00°25'23" WEST, 93.71 FEET; THENCE SOUTH 89°27'31" EAST, 5.00 FEET; THENCE SOUTH 00°25'23" WEST, 10.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 1; THENCE NORTH 89°27'31" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE NORTH 00°25'23" EAST ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 103.70 FEET TO THE POINT OF BEGINNING. CONTAINING 225 SQUARE FEET. Page 493 of 619 Exhibit "B" PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: KINGU HOLDINGS LLC OWNER ADDRESS: 1322 CREEKSIDE CT WATERLOO, IA 50702 PROPERTY ADDRESS: 1419 LA PORTE RD WATERLOO, IA 50703 LA PORTE ROAD PO B W'LY LINE COUNTY PARCEL: 891336476002 PROJECT PARCEL : 209 FND. REBAR/ YC 589°36'17"E 5.00' ozzz—N'LY LINE GARDEN PLACE 589°27'31"E 5.00' PERMANENT EASEMENT CONTAINS 569 SF „.,,,zz—S'LY LINE PROJECT PARCEL 209 S00°25'23"W 10.00' N89°27'31"W 10.00' (200') LOCKE AVENUE (60') LEGEND: • PARCEL OR LOT CORNER MONUMENT FOUND S 23°45'25" E 59.58' (59.6') REFERENCE DOCUMENT 2024-24876 MEASURED DIMENSION RECORD DIMENSION SCALE IN FEET 0 40 80 AECOM 1"=40' SHEET 1 OF 2 Page 494 of 619 Exhibit "B" Continued PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: KINGU HOLDINGS LLC COUNTY PARCEL: 891336476002 OWNER ADDRESS: 1322 CREEKSIDE CT WATERLOO, IA 50702 PROPERTY ADDRESS: 1419 LA PORTE RD WATERLOO, IA 50703 DESCRIPTION: PERMANENT EASEMENT PARCEL 209 PROJECT PARCEL : 209 PART OF LOT 1 OF GARDEN PLACE, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, THENCE SOUTH 89°36'17" EAST ALONG THE NORTHERLY LINE OF SAID LOT 1, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00°25'23" WEST, 93.71 FEET; THENCE SOUTH 89°27'31" EAST, 5.00 FEET; THENCE SOUTH 00°25'23" WEST, 10.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 1; THENCE NORTH 89°27'31" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE NORTH 00°25'23" EAST ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 103.70 FEET TO THE POINT OF BEGINNING. CONTAINING 225 SQUARE FEET. AECOM SHEET 2 OF 2 Page 495 of 619 EXISTING ROW 93.7' 6' X 6' Fuse Cabinet POWER POLE TO BE REMOVED BY OTHERS PROPOSED WAT `MAIN LEGEND RIGHT-OF-WAY/PROPERTY LINES ACQUISTION LINES PERM. EASEMENT LINES TEMP. EASEMENT LINES PERMANENT ACQUISITION PERMANENT EASEMENT TEMPORARY EASEMENT AECOM PERMANENT EASEMENT 569 SF LPR209 LA PORTE ROAD PROPOSED STORM SEWER �Il PROTECT SIGN 1Y PROPOSED PERM. EASEMENT KINGU. HOLDINGS LLC PARCEL"'I D: 891336476002 1419 LA PORTE RD ANY PAVEMENT REMOVED WILL BE REPLACED IN -KIND UNLESS OTHERWISE NOTED. 04-10-25 PARCEL LPR209 PHASE 2 Public Impact Diagram KINGU HOLDINGS LLC La Porte Road Reconstruction Waterloo, Iowa 60736162 Page 496 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving a Permanent Easement Agreement and Temporary Easement Agreement in the amount of $1,802.00, with Casey's Marketing Company, located at 1604 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 Permanent Easement Agreement and Temporary Easement Agreement in the amount of $1,802.00, with Casey's Marketing Company, located at 1604 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 values of the permanent and temporary easements were based off of 120 percent of the assessed value of the property per square foot, which is 9.60, however, only ten percent of the full asking price is offered for the temporary easement since it expires. The purpose of the temporary easement is for grading, resdeeing and pavement removal and replacement. The permanent easement is needed for an electrical transformer. NEIGHBORHOOD IMPACT Reconstruction of the corridor would have a positive impact upon the surrounding commercial area, as the corridor was designed and built in the 1960s. The redesigned corridor will have underground utilities and streetscaping. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Property owners along the corridor have been invited to multiple public information meetings. SOURCE OF EXPENDITURES Crossroads TIF. Page 497 of 619 ALTERNATIVE ACTION LEGAL DESCRIPTION PERMANENT EASEMENT DESCRIPTION: PART OF LOTS 243 AND 244 OF PLEASANT VIEW ADDITION, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 244; THENCE SOUTH 89°54'41" EAST ALONG THE NORTHERLY LINE OF SAID LOT 244, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°54'41" EAST ALONG THE NORTHERLY LINE OF SAID LOTS 244 AND 243, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00°05'19" WEST, 5.00 FEET; THENCE NORTH 89°54'41" WEST, 20.00 FEET; THENCE NORTH 00°05'19" EAST, 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 100 SQUARE FEET. ATTACHMENTS 1. Permanent Easement Agreement 2. Temporary Easement Agreement Page 498 of 619 Prepared by Tim Andera. City of Waterloo. 715 Mulberry Street, Waterloo, IA 50703 Phone (319) 291-4366 PERMANENT EASEMENT AGREEMENT This Permanent Easement Agreement (the "Agreement") is entered into as of , 2025 by and between the City of Waterloo, Iowa ("Grantee") and Caseys Marketing Company ("Grantor"). 1. Grant of Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration in the amount of $960.00, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, for the purposes stated herein, a permanent easement (the "Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof, as depicted on the easement plat attached hereto as Exhibit "B". 2. Purpose. The Premises is intended for installation, maintenance, and replacement of a 12'x 12' electrical transformer. 3. Grantor Duties. Grantor shall allow Grantee access to the Premises, "as is, where is", without any representation or warranty as to the condition of the Premises. Grantor shall have no duty to prepare the Premises in any way for Grantee's use. 4. Grantee Duties. Following completion of Grantee's work in the Premises, Grantee shall restore the Premises to its condition prior to the commencement of construction work, including but not limited to reseeding any grassed areas disturbed by construction activities. Except as may be caused by the negligent acts or omissions of Grantor, its employees, agents or contractors, Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. To the extent permitted by applicable law, Grantee agrees to indemnify and hold Grantor, its employees, agents and contractors, harmless against any loss, damage, injury or any claim or lawsuit for loss, damage or injury arising out of or resulting from the negligent acts or omissions or willful misconduct of Grantee or its employees, agents or contractors. Page 499 of 619 5. Maintenance. Pursuant to City of Waterloo ordinances, Grantor shall be solely responsible for future sidewalk maintenance, repair and/or replacement and for snow removal upon the sidewalk in question. 6. Authority. The persons executing this Agreement represent and warrant that they are duly authorized to execute and deliver this Agreement and to bind to the provisions hereof the party on whose behalf they are signing. 7. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. This Agreement may be executed in counterparts. References in the singular number include the plural, and vice versa. IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement by their duly authorized representatives as of the date first set forth above. IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement by their duly authorized representatives as of the date first set forth above. CASEYS MARKETING COMPANY STATE OF /Q�/CL ss. COUNTY) CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk �_ A I/n /iffi'R �� �- as Acknowledged before me on iyf wv." !(Y, 2025, by v/3,j f k- of Caseys Marketing Company. ,PAL DESTINY LEMPIAINEN Z • Commission Number 785556 ▪ Mylmis 'on Expja rOWP STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Notary Public 2 ili,011.66( Page 500 of 619 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 3 Page 501 of 619 Exhibit "A" PERMANENT EASEMENT DESCRIPTION: PART OF LOTS 243 AND 244 OF PLEASANT VIEW ADDITION, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 244; THENCE SOUTH 89°54'41" EAST ALONG THE NORTHERLY LINE OF SAID LOT 244, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°54'41" EAST ALONG THE NORTHERLY LINE OF SAID LOTS 244 AND 243, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00°05'19" WEST, 5.00 FEET; THENCE NORTH 89°54'41" WEST, 20.00 FEET; THENCE NORTH 00°05'19" EAST, 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 100 SQUARE FEET. Page 502 of 619 Exhibit "B" PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: CASEYS MARKETING COMPANY COUNTY PARCEL: 891336456010 2117 FALLS AVE. WATERLOO, IA 50701 PROJECT PARCEL : 201 M N N HOWARD AVENUE (60') N00°05'19"E 5.00' \\POB� POC S89°54'41"E 20.00' (127') M N N'LY LINE 0 LID S89°54'41"E 25.00' W S00°05'19"W 5.00 N89°54'41 20.00' PROJECT PARCEL 201 PERMAMNENT EASEMENT N CONTAINS 100 SF N r-I (O Lc> co N V V V V V N N N N N N PL ASANT VIW DDITION (127') LEGEND: LA PORTE ROAD N rl PARCEL OR LOT CORNER MONUMENT FOUND N90°00'00.0"E 0.00' MEASURED DIMENSION (127') RECORD DIMENSION SCALE IN FEET 0 40 REFERENCE DOCUMENT 2010-019635 80 AECOM 1"=40' SHEET 1 OF 2 Page 503 of 619 Exhibit "B' Continued PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: CASEYS MARKETING COMPANY COUNTY PARCEL: 891336456010 2117 FALLS AVE. WATERLOO, IA 50701 PROJECT PARCEL : 201 DESCRIPTION: PERMANENT EASEMENT PROJECT PARCEL 201 PART OF LOTS 243 AND 244 OF PLEASANT VIEW ADDITION, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 244; THENCE SOUTH 89°54'41" EAST ALONG THE NORTHERLY LINE OF SAID LOT 244, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°54'41" EAST ALONG THE NORTHERLY LINE OF SAID LOTS 244 AND 243, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00°05'19" WEST, 5.00 FEET; THENCE NORTH 89°54'41" WEST, 20.00 FEET; THENCE NORTH 00°05'19" EAST, 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 100 SQUARE FEET. AECOM SHEET 2 OF 2 Page 504 of 619" Prepared by Tint Andera, City of Waterloo, Waterloo, IA 50703. Phone (3I9) 291-4366 TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (the "Agreement") is entered into as of , 2025 by and between Caseys Marketing Company ("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 good and valuable consideration in the amount of $842.00, the receipt and sufficiency of which 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 forth 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, and remove and replace the driveway from La Porte Road (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. 3. Grantor Duties and Privileges. Grantor shall deliver possession of the Temporary Easement Premises to Grantee, "as 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 hereby agrees to indemnify Grantee, its officials, officers, employees, contractors and agents, Page 505 of 619 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 or about the Temporary Easement Premises during the term of this Agreement. 4. Grantee Duties. Following completion of Grantee's work in the Temporary Easement Premises, Grantee shall restore the Temporary Easement Premises to its condition prior to the commencement of construction work, including but not limited to reseeding any grassed areas disturbed by construction activities. Except as may be caused by the negligent acts or omissions of Grantor, its employees, agents or contractors, Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. To the extent permitted by applicable law, Grantee agrees to indemnify and hold Grantor, its employees, agents and contractors, harmless against any loss, damage, injury or any claim or lawsuit for loss, damage or injury arising out of or resulting from the negligent acts or omissions or willful misconduct of Grantee or its employees, agents or contractors. IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. CASEYS MARKETING COMPANY Title: V j', RCa( e S rccfC STATE OF /a ) ) ss. POI COUNTY ) Acknowledged before me on CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk /frl /le;' 2025, by /1C/YeifrA M740e-as of Caseys Marketing Company. DESTINY LEMPIAINEN x p Commission Number 785556 ' My Comm_ sion Expires #oow —a/2/4 Notary Public 2 Page 506 of 619 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 3 Page 507 of 619 12' X 12' Transformer LPR201 CASEY'S MARKETING COMPANY PARCEL ID: 891336456010 1604 LA PORTE RD PROPOSED PERM. EASEMENT TEMPORARY PERMANENT EASEMENT EASEMENT 877 SF 1. 100 SF CONNECTION TO EXIST. STORM SEWER PROPOSED TEMP. EASEMENT'' PROTECT CONCRETE 47.8' b /RETAINING WALL -----79.7'--- / LIGHT POLE TO BE POWER POLE TO BE PAVEMENT REMOVAL REMOVED BY OTHER REMOVED BY OTHERS AND REPLACEMENT PROTECT FENCE LINE LA PORTE ROAD POWER POLE TO BE CI-AIN LINK REMOVED BY OTHERS PROPOSED STORM r SEWER / Exhibit "A" POWER POLE TO BE REMOVED BY OTHERS LEGEND RIGHT-OF-WAY/PROPERTY LINES ACQUISTION LINES PERM. EASEMENT LINES TEMP. EASEMENT LINES PERMANENT ACQUISITION PERMANENT EASEMENT TEMPORARY EASEMENT AECOM 04-10-25 PARCEL LPR201 PHASE ANY PAVEMENT REMOVED WILL BE REPLACED IN -KIND UNLESS OTHERWISE NOTED. Public Impact Diagram CASEYS MARKETING COMPANY La Porte Road Reconstruction Waterloo, Iowa 60736162 Page 508 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity for the construction of a new single family home located at the southwest corner of Randall Street and Norimer Street, in the Church Row Neighborhood, including an infill housing grant of $7,500.00, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Iowa Heartland Habitat for Humanity will construct a single family home on the property at the southwest corner of Randall Street and Norimer Street within 3 years of the Development Agreement getting approved. In conjunction with the construction of the new home, the City will provide a $7,500 infill housing grant. NEIGHBORHOOD IMPACT The request would appear to have a positive impact on the neighborhood as the project will provide another single family home on a vacant parcel in the Church Row Neighborhood. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Nuissance Bonds ALTERNATIVE ACTION LEGAL DESCRIPTION Page 509 of 619 Lot 10, in Block 3 in West Park Addition to Waterloo, Iowa. ATTACHMENTS 1. 8913-26-151-007 - Habitat D.A. - 2. 8913-26-151-007 Aerial Page 510 of 619 Preparer: Austin J. McMahon, Lange & McMahon, PLC, 222 1st 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 this , day of 2025, by and between Iowa Heartland Habitat for Humanity ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is the owner of the real property legally described in Exhibit A (the "Property"). B. Company is willing and able to finance the developments, improvements, or rehabilitation ("Improvements" or "Project") as provided in this Agreement on the Property. C. City considers infill residential development within the City to be a benefit to the community and is willing, in furtherance of promoting the overall good and welfare of the community, to provide financial incentives to encourage and facilitate the same. City believes that such development is in the vital and best interests of the City and is in accordance with the public purposes and provisions of applicable State and local laws and requirements AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Improvements by Company. Company acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Company agrees to accept the Property in its "as is" condition, without any warranty from City, expressed or implied, as to its condition, 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, Page 511 of 619 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. 2. Timeliness of Development and Improvements. The parties agree that Company's commitment to perform the Improvements in a timely manner constitutes a material inducement for the City to extend the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and Substantially Complete the renovation or rehabilitation of the dwelling within three (3) years from the date of this Agreement. 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. 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 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, and City shall then have no further obligation to Company under this Agreement. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. As promptly as possible, Company shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. If City terminates this Agreement as provided in Section 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 the City may exercise any remedy available to it under this Agreement or law. 3. Indemnity. 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. 2 Page 512 of 619 4. City Incentives. A. Infill.. City will pay an infill grant in the amount of $7,500.00 to Company within sixty (60) days of Substantial Completion of the Improvements. 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 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. 7. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 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. 3 Page 513 of 619 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. 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; 4 Page 514 of 619 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 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. 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 5 Page 515 of 619 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, 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 6 Page 516 of 619 prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the Community Planning and Development Director. (b) if to Company, at 803 W. 5th Street, Waterloo, Iowa 50702, Attention: Executive Director. Delivery or service of notice shall be deemed complete upon any of the following: (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 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. 7 Page 517 of 619 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. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Date: Attest: Kelley Felchle, City Clerk IOWA HEARTLAND HABITAT FOR HUMANITY By: Date: Ali Parrish, Executive Director 8 Page 518 of 619 EXHIBIT A Description of Property Lot 10, in Bock 3 in West Park Addition to Waterloo, Iowa. Page 519 of 619 RANDALL-ST RANDALL ST Note: Base map data source is Black Hawk County. This map does not represent a survey. no liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assesses, or their employees. The City of Waterloo makes no warranty, express or Implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats. surveys, recorded deeds. et, located at the Black Hawk County Assessor's Office for complete and accurate information. Parcel 8913r26451r007 Habitat Penn R011 of F1 Q CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving the acceptance of a Donation of Real Property Agreement to the City of Waterloo from Hope Martin Anderson Revocable Trust, for property located at 2500 W. 4th Street, and authorizing the Mayor to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION This is a request to approve the donation of the property at 2500 W 4th Street to the City of Waterloo from Hope Martin Anderson Revocable Trust. The property at 2500 W 4th Street has a donation value of $230,000.00. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION NW-Iy 94.11 feet, in even width, of that part of the NE 1/4 of Section 34, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at a point on the centerline of West 4th Street, 472.1 feet SW-Iy from its intersection with the South line of the NW 1/4 Page 521 of 619 of the NE 1/4 of said Section 34; thence NW-ly, at right angles to the centerline of said West 4th Street, 330 feet,; thence SW-ly, at right angles to the last described course, 9 rods; thence SE-ly, along a line parallel with the first described course, 330 feet, to the centerline of said West 4th Street; thence NE-ly, along the centerline of said West 4th Street, 9 rods, to the point of beginning, excepting the NE-ly 18 feet thereof deeded to the City of Waterloo. AND Parcel "H" of Plat of Survey Doc. #2021-15640 of part of the NE1/4 of Section 34, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa. ATTACHMENTS 1. 2500 West Fourth Appraisal 2. Property Donation Agreement signed Page 522 of 619 APPRAISAL REPORT OF 2500 W 4th St Waterloo, IA 50701-3932 PREPARED FOR Hope Martin Anderson Revocable Trust PO Box 777 Waterloo, Iowa 50704 AS OF 08/12/2025 PREPARED BY Rally Appraisal, LLC 209 Franklin Street, Suite A-3 Cedar Falls, Iowa 50613 Page 523 of 619 Rally Appraisal, LLC File No. J25G2WH05 File No. Exterior -Only Insaection Residential Aaaraisal Resort The purpose of this appraisal report is to provide the client with an accurate, and adequately supported, opinion of the market value of the subiect property. Property Address 2500 W 4th St City Waterloo State IA Zip Code 50701-3932 Owner Hope Martin Anderson Revocable Trust Intended User Hope Martin Anderson Revocable Trust County Black Hawk Legal Description See Comment Page Assessor's Parcel # 891334251004 Tax Year 2023 R.E. Taxes $ 3,433 Neighborhood Name Prospect Hills Map Reference 47940-19-013 Census Tract 0014.00 Occupant n Owner n Tenant n Vacant Special Assessments $ 0 n PUD HOA $ 0 n per year per month Property Rights Appraised n Fee Simple nLeasehold n Other (describe) Intended Use Asset Valuation Client Hope Martin Anderson Revocable Trust Address PO Box 777, Waterloo, Iowa 50704 Is the subject property currently offered for sale or has it been offered for sale in the twelve months prior to the effective date of this appraisal? n Yes n No Report data source(s) used, offerings price(s), and date(s). NE Iowa Regional BOR MLS I performed. did X did not analyze the contract for sale for the subject purchase transaction. Explain the results of the analysis of the contract for sale or why the analysis was not The subject property is being appraised for asset valuation. No current or previous sales contract is available for analysis. No personal V Q property is included the value reported herein. IX Contract Price $ Date of Contract Is the property seller the owner of public record? n Yes n No Data Source(s) z 0 Is there any financial assistance (loan charges, sale concessions, gift or downpayment assistance, etc.) to be paid by any party on behalf of the borrower? If Yes, report the total dollar amount and describe the items to be paid. Yes No Note: Race and the racial composition of the neighborhood are not appraisal factors. Neighborhood Characteristics One -Unit Housing Trends One -Unit Housing Present Land Use % Location n Urban n Suburbans Rural Property Values n Increasing Stable nDeclining PRICE AGE One -Unit 70 % 0 O Built -Up n Over 75% 25-75% Under25%Demand/Supply n n Demand/Su I n Shortage In Balance OverSu I n n ppY $ (000) (yrs) ° 2-4 Unit 3 /° O Growth n Rapid n Stable n Slow Marketing Time n Under3 mths n 3-6 mths n0ver6mths 115 Low 5 Multi -Family 2 % 2 0 Neighborhood Boundaries US Highway 63 to the north and west, West Ridgeway Avenue to the south, 900 High 140 Commercial 5 ok pp Kimball Avenue to the east. 225 Pred. 65 Other 20 % = O Neighborhood Description See Comment Page El z Market Conditions (including support for the above conclusions) See Comment Page Dimensions 130 x 183 Area 23790 sf Shape Rectangle View Res/BusyRd/Ave Specific Zoning Classification R-1 Zoning Description One and Two Family Residence District Zoning Compliance n Legal n Legal Nonconforming (Grandfathered Use) n No Zoning n Illegal (describe) Is the highest and best use of subject property as improved (or as proposed per plans and specifications) the present use? [Yes n No If No, describe. Utilities Public Other (describe Public Other (describe) Off -site Improvements --Type Public Private w H Electricity n n Water n Street Asphalt n n Gas n n Sanitary Sewer n n Alley None n n FEMA Special Flood Hazard Area n Yes n No FEMA Flood Zone X FEMA Map # 19013C0301 F FEMA Map Date 07/18/2011 Are the utilities and/or off -site improvements typical for the market area? n Yes n No If No, describe. Are there any adverse site conditions or external factors (easements, encroachments, environmental conditions, land uses, etc.)? n Yes n No If Yes, describe. The appraiser did not check the land records for recorded easements & has reported only apparent easements, encroachments & other apparent adverse conditions. Source(s) Used for Physical Characteristics of Property n Appraisal Files n MLS nAssessment and Tax Records n Prior Inspection n Property Owner X Other (describe) Exterior Inspection Data Source(s) for Gross Living Area Assessor General Description General Description Heating / Cooling Amenities Car Storage Units[One n OnewithAccessoryUnit nConcrete Slab n Crawl Space n FWA PHWBB n Fireplace(s) # 2 n None # of Stories 2.0 n Full Basement n Finished n Radiant n Woodstove(s) # 0 n Driveway # of Cars 4 Type X Det. nAtt. n S-Det./End Unit nPartial Basements Finished n Other n Patio/Deck Driveway Surface Asphalt X Existingn Proposed n UnderConst Exterior Walls Brick/EFIS Fuel N. Gas n Porch 3EP's/OP n Garage # of Cars 4 Design (Style) 2 Story/Average Roof Surface Tile n Central Air Conditioning n Pool None n Carport # of Cars 0 Year Built 1920 Gutters & Downspouts Pntd. Metal Individual n Fence None n Attached n Detached Effective Age (Yrs) 25 Window Type Dble Hung n Other n Other None n Built-in rn Appliancesn Refrigerator PRange/Ovens Dishwashers Disposal nMicrowaven Washer/Dryers Other (describe) z Finished area above grade contains: 8 Rooms 4 Bedrooms 3.50 Bath(s) 3,659 Square Feet of Gross Living Area Above Grade w E Additional features (special energy efficient items, etc.) The subject is a large, custom two-story with above -average exterior amenities and favorable garage > utility. It also has favorable exterior fenestration based on an exterior inspection. O Describe the condition of the property and data source(s) (including apparent needed repairs, deterioration, renovations, remodeling, etc.). The subject is considered to be CC in below -average condition based on an inspection of its exterior. The exterior inspection uncovered some boarded -up windows, broken windows, E deteriorated soffit and facia plus some missing shingles. It appears to the subject has been vacant for some time and there is not permit data available through public record sources that note recent updates. Based on an exterior inspection, the subject would likely be considered as a renovation project by the typical buyer. Due to adequate maintenance throughout the subjects physical life, its effective age is less than its actual age. Market data indicates physical depreciation due to typical age / life depreciation. No measurable functional or external obsolescence. Are there any apparent physical deficiencies or adverse conditions that affect the livability, soundness, or structural integrity of the property? If Yes, describe Yes X No Does the property generally conform to the neighborhood (functional utility, style, condition, use, construction, etc.)? n Yes nNo If No, describe NL - Exterior -Only 5/2007 This form may be reproduced unmodified without written permission, however, Bradford Technologies, Inc. must be acknowledged and credited. Produced by ClickFORMS Software 800-622-8727 Page Zi2LPfof 91)9 Rally Appraisal, LLC Exterior -Only Insaection Residential Aaaraisal Resort File No. J25G2WH05 File No. There are 4 comparable properties currently offered for sale in the subject neighborhood ranging in price from $ 249,900 to $ 340,000 There are 15 comparable sales in the subject neighborhood within the past twelve months ranging in sale price from $ 204,000 to $ 350,000 FEATURE SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 Address 2500 W 4th St Waterloo, IA 50701-3932 920 Prospect Blvd Waterloo, IA 1132 W. Ridgeway Ave Waterloo, IA 449 Kingbard Blvd Waterloo, IA 50701 Proximity to Subject 0.69 miles S 0.81 miles S 0.18 miles N Sale Price $ $ 315,000 $ 204,000 $ 236,000 Sale Price/GrossLiv.Area $ 0.00 sq. ft. $ 106.96 sq. ft. $ 86.55 sq. ft. $ 101.72 sq. ft. Data Source(s) Exterior Inspection Exterior Inspection Exterior Inspection Exterior Inspection Verification Source(s) Asessor MLS/Assessor MLS/Assessor MLS/Assessor VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-) $ Adjustment DESCRIPTION +(-) $ Adjustment DESCRIPTION +(-) $ Adjustment Sale or Financing N/A Cash Conventional Conventional Concessions N/A None Stated Seller Pd CC -4,000 None Stated Date of Sale/Time N/A 06/2025 05/2025 07/2025 Location Average Similar Similar Similar Leasehold/Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Site 23,790 sf 41,200 sf -7,500 18,800 sf 9,730 sf +7,500 View Res/BusyRd/Ave Similar Similar Superior -7,000 Design (Style) 2 Story/Average 2.0 Story/Ave 2.0 Story/Ave 2.0 Story/Ave Quality of Construction Wd Frame/Ave-Gd Similar Inferior +20,400 Inferior +23,600 Actual Age 105 yrs 88 yrs 61 yrs 100 yrs Condition Below Average Superior -63,000 Superior -40,800 Superior -47,200 Above Grade Total Bdrms. Baths Total Bdrms. Baths Total Bdrms. Baths Total Bdrms. Baths Room Count 8 4 3.50 8 5 2.5 +3,000 8 4 2.5 +3,000 7 3 1.5 +6,000 Gross Living Area 3 659 sq. ft. 2 945 sq. ft. +17,136 2 357 sq. ft. +31,248 2 320 sq. ft. +32,136 SQ Basement & Finished Rooms Below Grade 1769sf No Finish 1065sf-375sfFin Rec Room -4,000 1193sf No Finish 936sf-500sfFin Family Room -5,000 Functional Utility Average Average Average Average QEnergy Heatinq/Coolinq GFA/No CA GFA/CA -2,500 GFA/CA -2,500 GFA/CA -2,500 Efficient Items Standard Standard Standard Standard z Garage/Carport 4 Car Garage 2 Car Gar +8,000 2 Car Gar +8,000 2 Car Gar +8,000 0 Porch/Patio/Deck 3EP's / OP Patio +2,000 EP/Patio Deck/OP co 2 Fireplaces 2 Fireplaces 2 Fireplaces 0 2 Fireplaces 0 2 Fireplaces 0 Q a 2 V Net Adjustment (Total) n + n - $-46,864 n + n - $ 15,348 n +n - $ 15,536 07 vai Adjusted Sale Price of Comparables Net Adj: -15% Gross Adj : 34% $ 268,136 Net Adj: 8% Gross Adj: 54% $ 219,348 Net Adj: 7% Gross Adj: 59% $ 251,536 I X did did not research the sale or transfer history of the subject property and comparable sales. If not, explain My research n did n did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal. Data source(s) Assessor My research did n did not reveal any prior sales or transfers of the comparable sales for the year prior to the date of sale of the comparable sale. Data source(s) Assessor Report the results of the research and analysis of the prior sale or transfer history of the subject property and comparable sales (report additional prior sales on page 3). ITEM SUBJECT COMPARABLE SALE # 1 COMPARABLE SALE # 2 COMPARABLE SALE # 3 Date of Prior Sale/Transfer None Prior 3 Yrs None Prior 12 Months None Prior 12 Months None Prior 12 Months Price of Prior Sale/Transfer N/A N/A N/A N/A Data Source(s) Assessor Assessor Assessor Assessor Effective Date of Data Source(s) 08/20/2025 08/20/2025 08/20/2025 08/20/2025 Analysis of prior sale or transfer history of the subject property and comparable sales There are no recorded transfer of the subject in the last 36 months per the assessors records. No other sales on comparables 12 months prior to recorded sale date unless noted. Summary of Sales Comparison Approach See comments with sales 4, 5 and 6 Indicated Value by Sales Comparison Approach $ 230,000 Indicated Value by: Sales Comparison Approach $ 230,000 Cost Approach (if developed) $ n/a Income Approach (if developed) $ See comment page Z 0 Q n z O This appraisal completed, following required is made X "as is," subject to the following inspection based on the repairs extraordinary subject to completion per plans and specifications on the basis of a hypothetical condition that the improvements or alterations on the basis of a hypothetical condition that the repairs or alterations have been completed, or assumption that the condition or deficiency does not require alteration or repair: have been subjecttothe w Ce Based on a visual inspection of the exterior areas of the subject property from at least the street, defined scope of work, statement of assumptions and limiting conditions, and appraiser's certification, my (our) opinion of the market value, as defined, of the real property that is the subject of this report is $ 230,000 , as of 08/12/2025 . NL - Exterior -Only 5/2007 This form may be reproduced unmodified without written permission, however, Bradford Technologies, Inc. must be acknowledged and credited. Produced by ClickFORMS Software 800-622-8727 Page 25fof IA 9 Rally Appraisal, LLC File No. J25G2WH05 File No. Exterior -Only Insaection Residential Aaaraisal Resort LEGAL DESCRIPTION UNPLATTED WLOO WEST THAT PART NE 1/4 SEC 34 T 89 R 13 DESC AS FOL BEG AT PT ON CENTERLINE OF W 4TH ST 472.1 FT SWLY FROM ITS INTERSECTION WITH S LINE OF NW 1/4 OF NE 1/4 OF SEC 34 TH NWLY AT RIGHT ANGLES TO CENTERLINE OF SAID W 4TH ST 330 FT TH SWLY AT RIGH NEIGHBORHOOD DESCRIPTION Waterloo, population 68,747 is part of the Cedar Falls/Waterloo MSA or Metropolitan Statistical Area. Located in Northeastern Iowa along the Cedar River, Interstate 380 and Highway 20, which is a four -lane expressway running east and west across the State of Iowa, the MSA has a total population base of 170,000 residents and is comprised of Black Hawk, Bremer and Grundy counties. The area has a diversified commercial base with some of the largest employers being John Deere, Mercy OneMedical Center, Tyson Foods, the University of Northern Iowa and Target. John Deere is located in Waterloo and is the driving economic force in the community employing just more than 5,000 people. The subject's is located on Waterloo's west side in a mature neighborhood that features mostly above -average quality homes built before 1950 with a mix of styles. The area features favorable access and proximity to employment and retail centers. Other land use is parks, schools plus a public golf course. co MARKET CONDITIONS z The current market conditions are mostly stable with the local economic base supported by the industrial, health care and agricultural sectors. Value W � of single-family homes have been increasingduringthe last 18+ months with recent uptick in first-mortage interest ratesyet to damper value. 9 Y P 9 p 2 Waterloo has been a stable community for a number of years with minimal gains or losses annually. Per MLS, in the 12 months prior to the effective O c.) date of this appraisal there were approximately 38 sales in the subject's neighborhood at a median price of $234,250. In the preceding 12 months, Q 36 sales were reported with a median price of $214,000. This information reveals stable sales activity with an increase in pricing. The appraiser z completed an absorption rate analysis of the subject's neighborhood as described in this report. This analysis examined sales and listing data over O � thepast 90 days. days on marketper this analysis indicates the neighborhood has a 70 daysupply. This analysis reveals the amount of Y ProjectedY Y 9 pp Y• Y 6 time it would take to liquidate the entire active listing inventory currently on the market at the rate of sales that have occured in the past 90 days. Q ESTIMATE OF EXPOSURE TIME Based on the absorption rate analysis included in this report the estimate of exposure time to meet the definition of market value is 35 +/- days. FINAL RECONCILIATION: The subject is more than 100 years old with a significant amount of all forms of depreciation. Due to the difficultly in estimating depreciation and the availability of adequate sales data, the cost approach is not necessary to form a credible scope of work. The income approach is also not necessary to form a credible scope of work since the majority of the dwellings in the subject's neighborhood are owner occupied and purchased to be owner occupied. The sales comparison approach best represents the actions of market participants through the principle of substitution. The final value opinion is toward the lower range due to the subject's condition as well as the influence of the sale that does not adjust for size. COST APPROACH TO VALUE (if applicable) Support for the opinion of site value (summary of comparable land sales or other methods for estimating site value) Site value is not required when cost approach is not applicable. 2 0 ESTIMATED REPRODUCTION OR REPLACEMENT COST NEW OPINION OF SITE VALUE =$ O Source of cost data Dwelling 3,659 Sq. Ft. @ $ _$ 0. a Quality rating from cost service Effective date of cost data Bsmt. 2,004 Sq. Ft. @ $ =$ a Comments on Cost Approach (gross living area calculations, depreciation, etc.) a Cost approach lacks data for precise depreciation analysis and is not Garage/Carport 874 Sq. Ft. @ $ =$ 1- O applicable. Total Estimate of Cost -new =$ 0 Less Physical 45 Functional External Depreciation 0 =$ ( 0 ) Depreciated Cost of Improvements =$ 0 "As -is" Value of Site Improvements =$ Estimated Remaining Economic Life (HUD and VA only) 30 Years Indicated Value By Cost Approach =$ n/a w INCOME APPROACH TO VALUE (if applicable) E O Estimated Monthly Market Rent $ X Gross Multiplier =$ Indicated Value by Income Approach z Summary of Income (including support for market rent and GRM) PROJECT INFORMATION FOR PUDs (if applicable) Is the developer/builder in control of the Homeowner's Association (HOA)? n Yes n No Unittype(s) n Detached n Attached Provide the following information for PUDs ONLY if the developer/builder is in control of the HOA and the subject property is an attached dwelling unit. Legal Name of Project 0 Total number of phases Total number of units Total number of units sold Q Total number of units rented Total number of units for sale Data source 2 Was the project created by the conversion of existing building(s into a PUD? n Yes n No If Yes, date of conversion. O Does the project contain any multi -dwelling units? n Yes No Data source. u_ Are the units, common elements, and recreation facilities complete? n Yes n No If No, describe the status of completion. z 0 m a Are the common elements leased to or by the Homeowner's Association? n Yes n No If Yes, describe the rental terms and options. Describe common elements and recreational facilities. NL - Exterior -Only 5/2007 This form may be reproduced unmodified without written permission, however, Bradford Technologies, Inc. must be acknowledged and credited. Produced by ClickFORMS Software 800-622-8727 Page °52®fof IA 9 Rally Appraisal, LLC EXTRA COMPARABLES 4-5-6 Owner Hope Martin Anderson Revocable Trust Property Address 2500 W 4th St File No. J25G2WH05 File No. City Waterloo County Black Hawk State IA Zip Code 50701-3932 Client Hope Martin Anderson Revocable Trust Address PO Box 777, Waterloo, Iowa 50704 FEATURE SUBJECT COMPARABLE SALE # 4 COMPARABLE SALE # 5 COMPARABLE SALE # 6 Address 2500 W 4th St Waterloo, IA 50701-3932 1615 Baltimore St Waterloo, IA 237 Lovejoy Ave Waterloo, IA 50701 Proximity to Subject 0.86 miles E 0.36 miles E Sale Price $ $ 270,000 $ 323,000 $ Sale Price/GrossLiv.Area $ 0.00 sq. ft. $ 72.35 sq. ft. $ 127.37 sq. ft. $ sq. ft. Data Source(s) Exterior Inspection Exterior Inspection Exterior Inspection Verification Source(s) Asessor MLS/Assessor MLS/Assessor VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-) $ Adjustment DESCRIPTION +(-) $ Adjustment DESCRIPTION +(-) $ Adjustment Sale or Financing N/A Conventional Conventional Concessions N/A None Stated None Stated Date of Sale/Time N/A 10/2023 09/2024 Location Average Similar Similar Leasehold/Fee Simple Fee Simple Fee Simple Fee Simple Site 23,790 sf 38,784 sf -7,500 15,240 sf +5,000 View Res/BusyRd/Ave Similar Superior -9,700 Design (Style) 2 Story/Average 2.0 Story/Ave 2.0 Story/Ave Quality of Construction Wd Frame/Ave-Gd Inferior +27,000 Similar Actual Age 105 yrs 96 yrs 103 yrs Condition Below Average Superior -54,000 Superior -64,600 Above Grade Room Count Gross Living Area Total Bdrms. Baths Total Bdrms. Baths Total Bdrms. Baths Total Bdrms. Baths 8 4 3.50 8 5 4.5 -3,000 8 4 2.5 +3,000 3 659 sq. ft. 3 732 sq. ft. 0 2 536 sq. ft. +26,952 sq. ft. Basement & Finished Rooms Below Grade 1769sf No Finish 1854sf-800sfFin FmR-1/2 Bath -7,500 988sf-700sfFin Rec Room -6,000 Functional Utility Average Average Average c Heating/Cooling GFA/No CA GFA/CA -2,500 GFA/CA -2,500 cn Energy Efficient Items Standard Standard Standard J < Garage/Carport 4 Car Garage 2 Car Gar +8,000 2 Car Gar +8,000 Q Porch/Patio/Deck 3EP's / OP EP/OP Patio/ScrndPrch 0 Fireplaces 2 Fireplaces 4 Fireplaces -2,000 1 Fireplace +1,000 co 12 gNet Adjustment (Total) n + n - $-41,500 + n - $ -38,848 n + - $ p v Adjusted Sale Price of Comparables Net Adj: -15% Gross Adj : 41% 1$ 228,500 Net Adj: -12% Gross Adj: 39% 1$ 284,152 Net Adj: 0% Gross Adj: 0% 1$ co w J < Report the results of the research and analysis of the prior sale or transfer history of the subject property and comparable sales ITEM SUBJECT COMPARABLE SALE # 4 COMPARABLE SALE # 5 COMPARABLE SALE # 6 Date of Prior Sale/Transfer None Prior 3 Yrs None Prior 12 Months None Prior 12 Months Price of Prior Sale/Transfer N/A N/A N/A Data Source(s) Assessor Assessor Assessor Effective Date of Data Source(s) 08/20/2025 08/20/2025 08/20/2025 Analysis of prior sale or transfer history of the subject property and comparable sales Summary of Sales Comparison Approach Sales data limited due to the subjects large GLA, condition, quality and location in stable neighborhood with limited turnover. As such, it is necessary to expand the sales search beyond recommended guidelines. Adjustments larger than what are typical are also necessary to adequately reflect the difference between the subject and the comparable sales. The five sales herein are within areas of Waterloo similar to the subject's location and the typical buyer would consider all of the properties as substitutes for the subject, if all were available at once. Site adjustments reflect the appeal and utility of larger lots. View adjustments reflect the typical negative market reaction to properties along busy roads. Quality adjustments reflect differences in kitchen & bath amenities, floor coverings, trim/moldings, fixtures & exterior fenestration. Condition adjustments are based on effective age and reflect the reported superior cosmetic updates and improvements. This adjustment also account for deferred maintenance. The appraiser was unable to find a comparable in similar condition to the subject so across the board adjustments are necessary. Lower level finish adjustments are based on the overall area, utility and quality of finish. The appraiser researched the market for the past 24 months and the comparable sales found are the best available and most recent. Produced by ClickFORMS Software 800-622-8727 Page 5 of 16 Page 527 of 619 Rally Appraisal, LLC COMMENT ADDENDUM File No. J25G2WH05 File No. Borrower N/A Property Address 2500 W 4th St City Waterloo County Black Hawk State IA Lender/Client Hope Martin Anderson Revocable Trust Address PO Box 777, Waterloo, Iowa 50704 Zip Code 50701-3932 EXTRAORDINARY ASSUMPTIONS: This appraisal is completed with the "extraordinary assumption" that the subject is in an overall condition that is typical for its immediate neighborhood and price range. This assumption includes all of the subject's interior including mechanical systems. As the appraiser made no inspection of the subject's interior he has no way of knowing whether or not this is the case. If for any reason this "extraordinary assumption" is not correct it could affect the reliability of the conclusions of this report. This report is also completed with the "extraodinary assumption" that the sources utilized for specific information regarding the subject property, i.e. public assessor records, MLS data are correct and accurate. Again, if this is not the case it could effect the reliability of the conclusions in this report. HYPOTHETICAL CONDITIONS: None for this valuation. Produced by ClickFORMS Software 800-622-8727 Page 6 of 16 Page 528 of 619 Rally Appraisal, LLC COMMENT ADDENDUM File No. J25G2WH05 File No. Borrower N/A Property Address 2500 W 4th St City Waterloo County Black Hawk State IA Lender/Client Hope Martin Anderson Revocable Trust Address PO Box 777, Waterloo, Iowa 50704 Zip Code 50701-3932 ADDITIONAL CONDITIONS - USPAP APPRAISAL ADDENDUM This report is an Appraisal Report. INTENDED USERS: The intended user of this report is identified as the client on page one. INTENDED USE: The intended use of this appraisal is for the client to evaluate the property, which is the subject of this appraisal, for asset valuation purposes. PURPOSE & INTENDED USE OF THE APPRAISAL: The purpose of this appraisal is to develop an opinion of market value of the fee simple interest in the subject property, as of the effective date of this report. The intended use of the appraisal is for asset valution only and it is not intended for any other use or for use by othes. Market Value is defined in the Limiting Conditions page, with the source of this definition being Fannie Mae and the developer of this form. SCOPE OF WORK, (appraisers role/expertise): The subject's current physical and legal conditions have been researched with due diligence in the course of performing this appraisal service. The appraiser has attempted to analyze the subject property as seen by a typical buyer/seller in this market. The subject's market area was examined relative to supply/demand and marketability vs. similar competing properties. A wide range of data is typically reviewed, considered and filtered in the process of collecting comparable sales for analysis and inclusion in the adjustment grid. These sources may include the MLS, Assessor, knowledge of prior appraisals in the area and an awareness of a great multitude of other ongoing sources of information. Please the Statement of Limiting Conditions, #1. DATA SOURCES: The appraisal is based on information gathered by the appraiser from public records, parties to the transactions, appraiser's files, other identified sources and exterior inspection of the neighborhood and sale data. These various sources are considered to be reliable. When conflicting information was found, the source deemed to be most reliable was used. Data discovered but which is believed to be unreliable was not included in the report, is not used as the basis for the value conclusion, and is given no further explanation or description. DWELLING MEASUREMENTS: Subject dwelling square footage was confirmed by measuring the subject's exterior and interior dimensions and rounding them to near the nearest foot. This may result in some variation from public records or realtor information. The attached sketch is only an approximate representation of the subject and may not show exact placement. As such, the sketch is merely considered a visual aid. Open 2-story entry foyers are not counted as living area on the upper 2nd level in a 1.5-story or 2-story home. This may result in some difference between dwelling size stated in this appraisal vs. that indicated by the realtor or builder, assessor or another appraisal report. Upper open foyer areas do add market appeal but are not "living area", providing no extra floor space for furniture placement or human movement, thus not considered gross living area. ZONING Zoning and building ordinances vary greatly from one municipality to another, and can be quite detailed. The scope of this report does not include a comparison of every potentially significant characteristic of the subject's site and improvements relative to zoning and building ordinances. APPRAISAL INSPECTION VERSUS PROPERTY INSPECTION The appraisal inspection included a walk around the subject's exterior only. HVAC, plumbing, electrical and all mechanical systems were not tested by the appraiser and unless otherwise noted are assumed to be in working order and performing their intended economic function. Attics and crawl spaces were not observed unless noted in the report. This inspection process should not be confused with a property inspection or the level of inspection that is completed by a property inspector. This level of inspection may reveal defects that are not readily apparant to the appraiser and it is highly recommended that the borrower obtain a property inspection by a qualified expert. Unless a property inspection report has been provided to the appraiser and noted in the report, this report is completed under the extraordinary assumption that a property inspection would not reveal defects that would impact the subject's marketability or market value. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. HIGHEST AND BEST USE ANALYSIS The determination that the subjects current use is the highest and best use was based on the improvements being legally permissible as the use meets the zoning requirements. The use is physically possible as it already exists. The use is financially feasible as there is demand for single-family housing. Finally, the use is maximally productive as it would not be financially feasible to remove or modify the current improvements for another use. Produced by ClickFORMS Software 800-622-8727 Page 7 of 16 Page 529 of 619 Rally Appraisal, LLC SUBJECT PHOTO ADDENDUM File No. J25G2WH05 File No. Borrower N/A Property Address 2500 W 4th St City Waterloo County Black Hawk State IA Zip Code 50701-3932 Lender/Client Hope Martin Anderson Revocable Trust Address PO Box 777, Waterloo, Iowa 50704 FRONT OF SUBJECT PROPERTY 2500 W 4th St Waterloo, IA 50701-3932 REAR OF SUBJECT PROPERTY STREET SCENE Produced by ClickFORMS Software 800-622-8727 Page 8 of 16 Page 530 of 619 Rally Appraisal, LLC Photo Subject Extra File No. J25G2WH05 File No. Borrower N/A Property Address 2500 W 4th St City Waterloo County Black Hawk State IA Zip Code 50701-3932 Lender/Client Hope Martin Anderson Revocable Trust Address PO Box 777, Waterloo, Iowa 50704 Additional Exterior Elevation Detached Garage Additional Exterior Elevation Produced by ClickFORMS Software 800-622-8727 Page 9 of 16 Page 531 of 619 Rally Appraisal, LLC COMPARABLES 1-2-3 File No. J25G2WH05 File No. Borrower N/A Property Address 2500 W 4th St City Waterloo County Black Hawk State IA Zip Code 50701-3932 Lender/Client Hope Martin Anderson Revocable Trust Address PO Box 777, Waterloo, Iowa 50704 COMPARABLE SALE # 1 920 Prospect Blvd Waterloo, IA COMPARABLE SALE # 2 1132 W. Ridgeway Ave Waterloo, IA COMPARABLE SALE # 3 449 Kingbard Blvd Waterloo, IA 50701 Produced by ClickFORMS Software 800-622-8727 Page 10 of 16 Page 532 of 619 Rally Appraisal, LLC COMPARABLES 4-5-6 File No. J25G2WH05 File No. Borrower N/A Property Address 2500 W 4th St City Waterloo County Black Hawk State IA Zip Code 50701-3932 Lender/Client Hope Martin Anderson Revocable Trust Address PO Box 777, Waterloo, Iowa 50704 COMPARABLE SALE # 4 1615 Baltimore St Waterloo, IA COMPARABLE SALE # 5 237 Lovejoy Ave Waterloo, IA 50701 COMPARABLE SALE # 6 1730 Easton Ave Produced by ClickFORMS Software 800-622-8727 Page 11 of 16 Page 533 of 619 Rally Appraisal, LLC LOCATION MAP ADDENDUM File No. J25G2WH05 File No. Borrower N/A Property Address 2500 W 4th St City Waterloo County Black Hawk State IA Zip Code 50701-3932 Lender/Client Hope Martin Anderson Revocable Trust Address PO Box 777, Waterloo, Iowa 50704 Comp 440 kmgbard Blvd ik Waterloa, LA 50701 Sale: S230,000 0.18milsN Subject 2500 W 4th St Waterloo, !A 30701- 032 W W. Awe ve Waterloo, IA Sale: 5201,OD0 0.81 moles S AU DOBON 4+� Comps 237 Lovejoy Ave Waterloo, EA 50701 Sale: S323,000 0.30 mils E Waterloo VINES, Comp 4 1615 3atlimore Si MI Waterloo, .A Sale: 5270 000 0.80 miles E i R IDG€W1 Y TOWERS — Comp 1 20=roapeot Bla•. Waterloo, A Sale: S315,000 0.00 miles S 111.111111111 27 -F'rnbaII Ave _. DOES -,IDuR .11=11=10 � .IL JL = PARK HAVEN - San 0.1 ii nen ?}r .. 1111- LIBERTY PI HUR: 1 ce ce - it 20001-eet`-.C-:141' ::: t' FAD-3 rr. El 2020 Tom-Fom, @ 2025 blioroso0 :corporation Produced by ClickFORMS Software 800-622-8727 Page P.eo341tf 619 Rally Appraisal, LLC File No. J25G2WH05 File No. This appraisal report is subject to the scope of work, intended use, intended user, definition of market value, statement of assumptions and limiting conditions, and certifications. SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal report form, including the following definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser must, at a minimum: (1) research, verify, and analyze data from reliable public and/or private sources, and (2) report his or her analysis, opinions, and conclusions in this appraisal report. The appraiser must be able to obtain adequate information about the physical characteristics (including, but not limited to, condition, room count, gross living area, etc.) of the subject property from the exterior -only inspection and reliable public and/or private sources to perform this appraisal. The appraiser should use the same type of data sources that he or she uses for comparable sales such as, but not limited to, multiple listing services, tax and assessment records, prior inspections, appraisal files, information provided by the property owner, etc. DEFINITION OF MARKET VALUE: The definition of market value is the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification in this report is subject to the following assumptions and limiting conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it, except for information that he or she became aware of during the research involved in performing this appraisal. The appraiser assumes that the title is good and marketable and will not render any opinions about the title. 2. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 3. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand, or as otherwise required by law. 4. The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs, deterioration, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the research involved in performing this appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. 5. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that the completion, repairs, or alterations of the subject property will be performed in a professional manner. Produced by ClickFORMS Software 800-622-8727 Page p6geo635l6f 619 Rally Appraisal, LLC File No. J25G2WH05 File No. APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. I have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report. 2. I performed a visual inspection of the exterior areas of the subject property from at least the street. I reported the condition of the improvements in factual, specific terms. I identified and reported the physical deficiencies that could affect the livability, soundness, or structural integrity of the property. 3. I performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 4. I developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison approach to value. I have adequate comparable market data to develop a reliable sales comparison approach for this appraisal assignment. I further certify that I considered the cost and income approaches to value but did not develop them, unless otherwise indicated in this report. 5. I researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for sale of the subject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this report. 6. I researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale, unless otherwise indicated in this report. 7. I selected and used comparable sales that are locationally, physically, and functionally the most similar to the subject property. 8. I have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that has been built or will be built on the land. 9. I have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 10. I verified, from a disinterested source, all information in this report that was provided by parties who have a financial interest in the sale or financing of the subject property. 11. I have knowledge and experience in appraising this type of property in this market area. 12. I am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listing services, tax assessment records, public land records and other such data sources for the area in which the property is located. 13. I obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 14. I have taken into consideration the factors that have an impact on value with respect to the subject neighborhood, subject property, and the proximity of the subject property to adverse influences in the development of my opinion of market value. I have noted in this appraisal report any adverse conditions (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the inspection of the subject property or that I became aware of during the research involved in performing this appraisal. I have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 15. I have not knowingly withheld any significant information from this appraisal report and, to the best of my knowledge, all statements and information in this appraisal report are true and correct. 16. I stated in this appraisal report my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the assumptions and limiting conditions in this appraisal report. 17. I have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 18. My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting) a predetermined specific value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a specific result or occurrence of a specific subsequent event (such as approval of a pending mortgage loan application). 19. I personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. If I relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal report, I have named such individual(s) and disclosed the specific tasks performed in this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in this appraisal report; therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it. Produced by ClickFORMS Software 800-622-8727 Page P130 531EPof 619 Rally Appraisal, LLC File No. J25G2WH05 File No. 20. I identified the client in this appraisal report who is the individual, organization, or agent for the organization that ordered and will receive this appraisal report. 21. I am aware that any disclosure or distribution of this appraisal report by me or the client may be subject to certain laws and regulations. Further, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 22. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that: 1. I directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. I accept full responsibility for the contents of this appraisal report including, but not limited to, the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 3. The appraiser identified in this appraisal report is either a sub -contractor or an employee of the supervisory appraiser (or the appraisal firm), is qualified to perform this appraisal, and is acceptable to perform this appraisal under the applicable state law. 4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. APPRAISER Signature Name Jim Herink SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signature Name Company Name Rally Appraisal, LLC Company Name Company Address 209 Franklin Street, Suite A-3 Company Address Cedar Falls, Iowa 50613 Telephone Number 319-266-9373 Email Address jherink@rallyappraisal.com Date of Signature and Report 08/20/2025 Effective Date of Appraisal 08/12/2025 State Certification # CG02627 or State License # or Other (describe) State IA Telephone Number Email Address Date of Signature State Certification # or State License # State State # Expiration Date of Certification or License Expiration Date of Certification or License 06/30/2026 ADDRESS OF PROPERTY APPRAISED 2500 W 4th St Waterloo, IA 50701-3932 APPRAISED VALUE OF SUBJECT PROPERTY $ CLIENT Contact 230,000 Client Name Client Address Email Address Hope Martin Anderson Revocable Trust PO Box 777 Waterloo, Iowa 50704 SUBJECT PROPERTY Did not inspect exterior of subject property Did inspect exterior of subject property from street Date of Inspection COMPARABLE SALES Did not inspect exterior of comparable sales from street Did inspect exterior of comparable sales from street Date of Inspection Produced by ClickFORMS Software 800-622-8727 Page pi t e063716f 619 License Borrower N/A File No. J25G2WH05 File No. Property Address 2500 W 4th St City Waterloo County Lender/Client Hope Martin Anderson Revocable Trust Black Hawk State IA Zip Code 50701-3932 Address PO Box 777, Waterloo, Iowa 50704 I n WA_ Department of Inspections, Appeals, & Licensing This is to certify that the below named has been granted a certification as: Certified General Appraiser. Certification Number: CG02627 Expires: June 30, 2026 Status: Active Mr. James Anthony Herink Rally Appraisal, LLC 209 Franklin Street, Suite A3 Cedar Falls, Iowa 50613 State of Iowa Real Estate Appraiser Examining Board Certifies James Herink having given satisfactory evidence of professional qualifications as required by the Code of Iowa is duly authorized to practice in the State of Iowa as a Certified General Appraiser. In witness thereof the Board grants Certification Number CG02627. This 7th day of June, 2006 ii .n . i Amanda Luscombe Fred Greder a_.•' Chair Vice Chair Page 53R of Al Produced by ClickFORMS Software 800-622-8727 Page 16 of 16 DONATION AGREEMENT FOR REAL PROPERTY (2500 W 4" i ST., WATERLOO, IOWA 50701) THIS DONATION AGREEMENT FOR REAL PROPERTY ("Agreement") is made and entered into as of the last signature date below ("Effective Date"), by and between Hope Martin Anderson, Trustee of the Hope Martin Anderson Revocable Trust Ll/A dated April 17, 2013 ("Donor") and City of Waterloo, Iowa ("Donee"). RECITALS: A. Donor is the owner of certain real estate comprising .55 acres; located in the City of Waterloo, Black Hawk County, Iowa, commonly known as 2500 W 4th St.; legal description on the attached Exhibit A (collectively, the "Property"). B. Donee is a municipality located, incorporated and existing under the laws of the State of Iowa. C. Donor desires to make a charitable contribution of the Property to Donee on the terms and conditions provided in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants in this Agreement, the Parties agree as follows: 1. Agreement to Donate. Donor shall donate and convey to Donee, and Donee shall accept from Donor subject to the terms and conditions set forth in this Agreement, the following: title to the Property, together with all rights, privileges, easements, licenses, and interests relating thereto, free and clear of all liens, encumbrances, and possessory interests of third parties except as described in this Agreement or as may be expressly accepted in writing prior to Closing (as defined in this Agreement) by Donee in Donee's sole discretion ("Permitted Encumbrances"). 2. Donation Value. Donor represents that the donation value of the Property, based upon appraisal, is and 00/100 Dollars ($ ) ("Donation Value"). 3. Closing; Possession; Document Deliverables. Closing ("Closing") shall take place at the offices of Donor's legal counsel and may take place in the form of an escrow closing on a date mutually acceptable to the Parties not later than thirty (30) business days following the expiration or earlier termination by Donee, of Donee's Due Diligence Period defined in this Agreement, and in any event, Closing shall not later than December 31, 2025. Donor shall deliver possession of the Property at Closing. A. Donor's Documents Delivered at Closing. At or prior to Closing, Donor shall deliver to Donee the following documents, each in form and substance reasonably satisfactory to Donee and Donor: i. Recordable Special Warranty Deed executed by Donor (the "Deed") conveying the Property to Donee; Donor is responsible for applicable costs of transfer or 1 Page 539 of 619 conveyance and recording in the real property records of Black Hawk County, [A, subject only to the following Permitted Encumbrances: a. Real estate taxes and assessments not yet invoiced, due and payable (there shall not be any payment or proration of real estate taxes by Donor); b. Local, state and federal building and zoning laws and ordinances; and c. Any recorded covenants, conditions, restrictions, reservations, rights -of - way, or easements of record identified in the Abstract of Title or other matters or conditions shown on the Survey, and not objected to in writing by Donee; ii. The original Abstract of Title to the Property; An affidavit of Donor certifying that Donor is not a foreign person for purposes of Section 14.45 of the Internal Revenue Code of 1986, as amended; iv. Donor's completed IRS Form 8283; B. Joint Closing Document Commitment: At Closing, Donor and Donee shall jointly cooperate to execute and deliver, as applicable, the following: A closing statement prepared in accordance with this Agreement; ii. All real estate tax declarations, statements, or certificates required by applicable laws; Such other documents as may be customary and/or reasonably requested by a Pa rty. 4. Contingencies. The obligations of the Donee to complete this transaction are contingent upon the following, unless expressly waived by Donee in writing: A. Inspections. Upon both Parties signing this Agreement, Donor shall provide Donee with such access to the Property as Donee requests to inspect and survey, if Donee desires, the Property for a period of sixty (60) days (the "Due Diligence Period"). Donee may terminate this Agreement upon written notice to Donor through the expiration of the Due Diligence Period for any or no reason without penalty or liability. Donee may terminate the Due Diligence Period at any time prior to its expiration and proceed to Closing in the manner described in this Agreement. B. Title Opinion. Donee shall have received a favorable opinion of legal counsel of its choosing showing free and clear title with Donor, subject only to Permitted Encumbrances. Donee shall be responsible for the cost of any abstracting. 2 Page 540 of 619 C. Donor's representations, warranties, covenants, and commitments in this Agreement shall be true, accurate, and completed as applicable, as of the Closing. D. Donee agrees to keep the condition of Property confidential and not display, publish or share pictures of the same with any outside party, to the extent possible, unless disclosure is required under applicable public records rules, regulations, or laws. 5. Representations, Warranties and Covenants of Donor. All representations, warranties and covenants of Donor set forth in this Agreement shall be true and correct in all material respects as of the date of this Agreement is executed and as of the date of Closing: A. Donor has good and marketable title to, and owns of record, the Property. B. Donor has full capacity, right, power and authority to execute, deliver and perform this Agreement and all required action and approvals therefore have been duly taken and obtained, including without limitation, full legal right to convey good and marketable title to Donee. C. Between the date hereof and the Closing, no part of the Property will be alienated, encumbered or transferred in favor of or to any other party whatsoever. D. There are no other parties in possession of the Property and there are no unrecorded leases, easements, or other possessory interests with, or in favor of, any third parties. 6. Closing Prorations. There shall not be any Closing prorations. 7. Eminent Domain. In the event, prior to Closing, an eminent domain proceeding is filed against the Property, or any substantial portion thereof, Donee shall have the option to: (i) terminate this Agreement, in which case this Agreement shall be null and void and all obligations hereunder shall terminate except those which expressly survive termination; or (ii) elect to close this transaction and, in such event, all proceeds from the eminent domain suit shall belong to Donee. 8. Condition of Property, AS 1S. Upon closing Donee acknowledges that it has had such opportunity to inspect the Property and has relied upon its own due diligence and inspections and is satisfied with the physical condition of the Property, and that Donee shall accept the Property in its "as is, all faults" physical condition. Donee acknowledges that Donor has made no representations or warranties about the physical condition of the Property, including its environmental condition. 9. Default. A. By Donee. Should Donee fail to perform this Agreement promptly on its part at the time and in the manner herein specified Donor shall be entitled as a matter of right to obtain relief in any court of competent jurisdiction to every remedy now or hereafter existing at law or in equity, or by statute, including court costs and reasonable attorneys' fees, and the Donor shall have the right to possession of the Property. 3 Page 541 of 619 B. By Donor. Should Donor fail to perform this Agreement promptly on its part at the time and in the manner herein specified Donee shall be entitled as a matter of right to obtain relief in any court of competent jurisdiction now or hereafter existing at law or in equity, or by statute, including court costs and reasonable attorneys' fees, and including specifically the right to specific performance. 10. Miscellaneous. A. Notice. Notices shall be in writing and personally delivered, sent by confirmed electronic mail (e-mail) sent first class registered or certified mail, postage prepaid, or sent via nationally recognized overnight courier to the Party for whom such notices are intended. A notice shall be deemed to have been given on the earlier of (a) the date it shall be delivered to the address required by this Agreement; (b) with respect to notices sent by mail, three (3) business days after the date as of which the notice is deposited with the postal service, properly addressed, postage prepaid; (c) with respect to notices sent by electronic mail, the date confirmed by the other Party in an acknowledgement reply, or (d) one (1) business day after deposit with a nationally recognized overnight courier. If to Donor: Hope M. Anderson 100 Anderson Dr. Waterloo, IA 50701 Email: Waterlooman@aol.com If to Donee: 715 Mulberry St. Waterloo, IA 50703 Email: The above addresses may be changed by notice of such change, as provided herein, to the last address designated. B. Time of the Essence. Time is of the essence as to all obligations and deadlines set forth in this Agreement, including without limitation with respect to Closing. C. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Iowa. D. Attorneys' Fees. Each Party is responsible for its own attorneys' fees in connection with entering into this Agreement and Closing the donation transaction contemplated herein. In the event of any legal proceeding between the Parties with respect to this Agreement, the prevailing Party shall be entitled to recover its costs and expenses including reasonable attorneys' fees. E. Entire Agreement. This Agreement forth the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. This Agreement shall not be altered, modified or changed unless in writing signed by the Parties. This Agreement shall be binding upon the Parties, their heirs, executors, administrators, personal representatives, successors and assigns. Donee may assign this Agreement to Allen 4 Page 542 of 619 Hospital prior to Closing and, if so assigned, Allen Hospital shall agree to assume Donee's obligations pursuant hereto. F. Severability. If any provision of this Agreement shall be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by app[icable law. G. Waiver. No consent or waiver by a party hereto (either expressed or implied) to or of a breach of any representation, warranty or covenant contained herein shall be construed as a consent or waiver to or of any other or subsequent breach of the same or any other representation, warranty, or covenant. H. Commission. Unless expressly listed below, Donee and Donor each represent and warrant to the other that no person or entity is entitled to any brokerage commission or finder's fee in connection with this transaction. This warranty shall survive Closing or the cancellation or termination of this Agreement for any reason. Donor and Donee shall each indemnify the other party against any claim, loss, suit or action (including reasonable attorney fees and costs) incurred or suffered by the other party by reason of any claim by any broker or finder for commissions or fees due or claimed to be due. Broker Information for list N/A]: Brokerage: Focus Real Estate Advisors Individual Broker Name: Jack Nooren Agent for (Donor, Donee, Dual): Donee and Donor Commission Amount and Payable by: $0 Counterparts. This document may be executed in counterparts and when assembled shall be considered one document. This document may be executed using electronic signatures, each of which shall be considered as original. J. Signature Authority. Each Party hereby warrants and represents to the other Party that a person signing for such Party and performing such Party's obligations pursuant to this Agreement has the authority to legally bind such Party and to act on its behalf and on behalf of such Party's principals. K. Survival. Sections 3, 5, 6, S, 9, and 10 of this Agreement shall survive Closing or earlier termination. The Parties have executed and delivered this Agreement by their authorized representatives as of the Effective Date. 5 Page 543 of 619 Hope Martin Anderson Revocable Trust U/A dated City of Waterloo, Iowa April 17, 2013 By: By: Hope Martin Anderson, Trustee Date Signed: AT,22 S"--- Date Signed: 6 Page 544 of 619 EXHIBIT A That part of the NEk of Section 34, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at a point on the centerline of West 4th Street, 472.1 feet SW-ly from its intersection with the South line of the MAN of the NE;'a of said Section 34; thence NW-ly, at right angles to the centerline of said West 4th Street, 330 feet; thence SW-ly, at right angles to the last described course, 9 rods; thence SE-ly, along a line parallel with the first described course, 330 feet, to the centerline of said West 4th Street; thence NE-ly, along the centerline of said West 4th Street, 9 rods, to the point of beginning, excepting the NE-ly 18 feet thereof deeded to the City of Waterloo, and further except the NW-ly 94.11 feet, in even width thereof, and further except Parcel "H" of Plat of Survey Doc. #2021-- 15640 Page 545 of 619 Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 After Recording Return To: City of Waterloo, 715 Mulberry St., Waterloo, IA 50703 Address Tax Statement to: City of Waterloo, 715 Mulberry St., Waterloo, IA 5D703 SPECIAL WARRANTY DEED For the consideration of One Dollar(s) and other valuable consideration, Hope Martin Anderson, Trustee of the Hope Martin Anderson Revocable Trust LI/A dated April 17, 2013, does hereby Convey to the City of Waterloo, Iowa, the following described real estate in County, Iowa: See attached Exhibit "A" Subject to covenants, restrictions, ordinances, easements, and limited access provisions of record. This deed is excepted from filing a declaration of value and groundwater hazard statement pursuant to Iowa Code §428A.2(2I ). Grantors do Hereby Covenant with Grantees and successors in interest to Warrant and Defend the real estate against the lawful claims of all persons claiming by, through or under them, except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: State of Iowa ) County of Black Hawk )ss Hope Martin Anderson Revocable Trust U/A dated April 17, 2013 By: Hope Martin Anderson Its: Trustee This record was acknowledged before me on this add ay f kPrdoei , 2025, by Hope Martin Anderson, as Trustee of the Hope Martin Anderson Revocable Trust U/A dated April 17, 2013 BARBARA J KAYSER COMMISSION NO. 195095 MY COMMISSION EXPIRES MARCH 02, 2028 Page 546 of 619 EXHIBIT A That part of the NEB of Section 34, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows; Beginning at a point on the centerline of West 4th Street, 472.1 feet SW-ly from its intersection with the South line of the NWT of the NEB of said Section 34; thence NW-ly, at right angles to the centerline of said West 4th Street, 330 feet; thence SW-ly, at right angles to the last described course, 9 rods; thence SE-ly, along a line parallel with the first described course, 330 feet, to the centerline of said West 4th Street; thence NE-ly, along the centerline of said West 4th Street, 9 rods, to the point of beginning, excepting the NE-ly 18 feet thereof deeded to the City of Waterloo, and further except the NW-ly 94.11 feet, in even width thereof, and further except Parcel "H" of Plat of Survey Doc. #2021- 15640 Page 547 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving the Cedar Skyline Corporation (doing business as Main Street Waterloo) parking lot loan refinancing and continued loan guarantee, by the City of Waterloo, in an amount not to exceed $124,981.54, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION approval SUMMARY STATEMENT AND BACKGROUND INFORMATION Main Street Waterloo has a loan on the parking lot located along Lafayette Street between E 4th Street and E 5th Street that the City of Waterloo previously acted as guarantor. Main Street is looking to refinance the loan, and the refinance requires that the City of Waterloo re -approve the loan documents and loan guarantee. Similar action was taken 5 years ago, at which time the loan had a principal balance of $181,379.30. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION Page 548 of 619 ATTACHMENTS 1. CEDAR SKYLINE CORPORATION Loan Documents for Review - DRAFT 2025-10-17 Page 549 of 619 i i i i i "HLP0230" LOAN CHECKLIST Principal $122,974.22 Loan Date 10-17-2025 Maturity 10-17-2030 Loan No 7600026787 Call / Coll 1300 Account 63018-01 Officer SMG Initials References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ""*" has been omitted due to text length limitations. Borrower: CEDAR SKYLINE CORPORATION 512 MULBERRY STREET WATERLOO, IA 50703 Lender: MidWestOne Bank Waterloo Office 3110 Kimball Ave Waterloo, IA 50702 (319) 232-5513 DESCRIPTION Loan Type: This is a Fixed Rate (7.500%) Nondisclosable Loan to a Corporation for $122,974.22 due on October 17, 2030. This is a secured renewal loan. Transaction Number: 126938. Copied From: 126823. Collateral: This transaction is secured by the following: REAL ESTATE MORTGAGE DATED 05/26/2006 ON PARKING LOT LOCATED IN BLOCK 14, ORIGINA:LPLAT; EAST SIDE OF THE CEDAR RIVER, ACCESSING NEAR 614 LAFAYETTE ST, WATERLOO, IA 50703. Officer: SMG Gienau, Sara Processor: MYBANK\JBRUMM Brumm, Joel Standard Product: General Commercial . Standard Policy: Commercial Loan Policy. Branch Number and Name: 36 -- Waterloo Office. General Lending Policy for this transaction is governed by Iowa law. a0011Wral documents printed through LASER PRO for this transaction will be governed by the collateral law state as specified on the Collat raI Summary Scraer :fot each piece of collateral. LOAN DOCUMENTS Loan Checklist Certification of Beneficial Owner(s) - CEDAR SKYLINE CORPORATION IA Mortgage for Real Property located at PAI3K004. ..................... .................. LOT LOCATED IN BLOCK 14, ORIGINAL PLgT:EAS:T: ................. SIDE OF THE CEDAR RIVER, ACCESSING NEAR;614 LAFAYETTE ST, WATERLOO, IA 50703 This list of documents may not include all the documents ne documents may be needed. Anortization Schedule ................ ................... ProrrilsspryyN,ote IA CoriirriereialGuaranty: CITY OF WATERLOO IA Modiificat on i f„Mortgage ................... ................... Disbursement RO West and Authorization Notice of FinalAgreement `BrjOrn:ing:Data Sheet: Transaction 126938 for this transaction pplications, verifications, and other specialized LENPEfi<$TANDARDiPRODUCT COMMENTS ................................. """" If loan is variable rate, set floor:: rateEo`5%. '"'"5*_ ............... RENEWAL PROVISION. REMEMBER ER'S:CUSTOM WARNINGS ............................. . lEDDTHE`RENEWAL:PROVISION TO THE PROMISSORY NOTE. In processing this Custom Warnings" section should be reviewed. If you have any questions warning, consult,.y ur<:complia:nce<:officer or. laserPro:.administrator. about any NQADDRESS. The mailing .................. 2GLEAS0036S«««:`:: ............... NO CITY 2GLEAS0037S Oity for the rr ENTRY<OMISSION WARNINGS TO LENDER Iress of QUENTIN M HART has not been entered on the appropriate Customer Details Screen. Oil address of QUENTIN M HART has not been entered on the appropriate Customer Details Screen. NO STATE. The atate foi'lho' mailing address of QUENTIN M HART has not been entered on the appropriate Customer Details Screen. ....................... 2GLEAS0020S NO ZIP CODE. The zip Screen. 2GLEAS0021 S code for the mailing address of QUENTIN M HART has not been entered on the appropriate Customer Details In processing this loan, any omission warnings in this "Entry Omissions" section should be reviewed as provided below. ADVISORY WARNINGS TO LENDER COPIED TRANS. This transaction was created based upon a copy of another transaction. Ensure that you have made any necessary changes to the transaction to make the documentation appropriate to the new loan transaction being processed. Because you have elected to copy an already existing transaction, changes that have been made to your Standard Policy and Standard Product since the original transaction was made may not be reflected in the copied transaction. 3BLEAS1316S BORROWER ORDER. The original order of the Borrowers for this transaction has been changed on the Customer Summary window. This may cause discrepancies of the Borrower order in some windows and their associated forms. Be sure that all your forms for this transaction correctly reflect the order of Borrowers and their associated information. 3BLEAS0024S WAIVE JURY. You have selected "Waive Jury' in your Real Estate Document Language policy component for Iowa. According to our legal counsel, waiver of jury may not be enforceable in Iowa in some circumstances. Consult your legal counsel if you have questions. 3CREIA0006S WAIVE JURY. You have selected "Waive Jury" in your Guaranty Language and/or your Promissory Note Language Policy Components. According to our Legal Counsel, Waiver of Jury may not legally be invoked in Iowa under some circumstances. You should consult your legal counsel to determine when and if this provision can be used in Iowa. 3CLESS0008S 365/360. A 365/360 interest calculation method has been selected for this loan. This calculation method results in a higher effective Page 550 of 619 LOAN CHECKLIST Loan No: 7600026787 (Continued) Page 2 interest rate than the numeric interest rate stated in the loan documents. Before committing to this interest calculation method, you should consult your legal counsel or compliance officer. LaserPro offers the option of making the chosen 365/360 interest calculation method more conspicuous by including a line for the borrower to initial the "Interest Calculation Method" paragraph. This option has not been chosen for this loan. Consult your legal counsel if you have questions. 3BLEAS0160S 365/360 MIN MAX. A 365/360 interest calculation method has been selected for this loan that also contains a ceiling, floor or default rate increase. Your legal counsel should be consulted to determine how a floor, ceiling, or default rate should be applied in conjunction with this accrual. 3BLEAS0163S In processing this loan, any warnings in this "Advisory Warnings" section should be reviewed as provided below. CRITICAL WARNINGS TO LENDER In processing this loan, any warnings in this "Critical Warnings" section should be reviewed as provided below. CHECKLIST WARNINGS In processing this loan, all warnings appearing above should be reviewed. To generate correct closing documents, it is important to visit and make appropriate selections on all applicable details windows, such as collateral details windows. All closing documents should be reviewed by your compliance officer or legal counsel as specified in the LaserPro Setup Guide. If you have questions about why, LaserPro has generated any warning, visit the Finastra Customer Success Community at https://support.finastra.com to log into our online<:self:service Case Management system. If you have legal questions about these warnings or this loan or what action to take, you should seekthe 2dvice of your compliance ................ ................ officer or legal counsel. LaserPro, Ver. 25.2.20.003 Copr. Finastra USA Corporation 1997, 2025. All Rights Reserved. . IA C:\LaserPro\CFI\LPL A05. FC TRt Page 551 of 619 CERTIFICATION OF BENEFICIAL OWNER(S) Principal Loan Date $122,974.22 10-17-2025 Maturity 10-17-2030 Loan No 7600026787 Call / Coll 1300 Account 63018-01 Officer SMG Initials References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan o item. Any item above containing ' ""' has been omitted due to text length limitations. Persons opening an account on behalf of a legal entity must provide the following information: a. Name and Title of Natural Person Opening Account: JESSICA MARIE RUCKER, Executive Director of CEDAR SKYLINE CORPORATION b. Name, Type, and Address of Legal Entity for Which the Account is Being Opened: CEDAR SKYLINE CORPORATION, Corporation, 512 MULBERRY STREET, WATERLOO, IA 50703 c. The following information for each individual, if any, who, directly or indirectly, through any coil., E .arrengement, understanding, relationship or otherwise, owns 25 percent or more of the equity interests of the legal entity listed,e# Not Applicable d. The following information for one individual with significant responsibility for managing the aE Ontity lisi t ;ai3ove, such as: ® An executive officer ar senior manager (e.g., Chief Executive Officer, Chief Firiancialifficer, Che'.)p?~ing Officer, Managing Member, General Partner, President, Vice President, Treasurer); or ❑ Any other individual who regularly performs similar functions. (If appropriate, an individual listed under section (c) above may also be listed;it tI section (d)). Name/Title Date of Birth Address (Res. or Bus. Street:A 3d FSg) ; i ii S. Persons3 For Non-U.S. Persons2 JESSICA MARIE RUCKER, Executive Director MIIIIIIMINIe iiimmimin WATERRLO 11A O7Qt ..:-. USA I, JESSICA MARIE RUCKER (name of natural person opening accowit), hereby certify, to th provided above is complete and correct, and on behalf of CEDAR SK #fs1E:C.ORPORATION, I a change in such information. By: JESSICA MARIE RUCKER, Executive Dire CEDAR SKYLINE CORPORATION 1 U.S. Persons must provide a Sociargg 2Non-U.S. Persons must provide ;{'sal Secur a passport number, Non-U.S. Pers(r s a :;also pio issuance of any other government-is'Si C.. •7 13 'evi r.of my knowledge, that the information olotify the financial institution of any asgort_ numb i nd country of issuance, or similar identification number. In lieu of y3rNumber, an alien identification card number, or number and country of or residence and bearing a photograph or similar safeguard. Legal Entity IdenArr,>::...::.,,: #< s:, (Optional) /j:Eorprorol.on 1807, 2025. A1E RIght R000rvod. . A C:1Loaorrml2PRLPL1C080.0G TR-125838 PR-6 Page 552 of 619 i i i i i "HLP0316" i PROMISSORY NOTE Principal $122,974.22 Loan Date 10-17-2025 Maturity 10-17-2030 Loan No 7600026787 Call / Coll 1300 Account 63018-01 Officer SMG Initials References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ""'" has been omitted due to text length limitations. Borrower: CEDAR SKYLINE CORPORATION 512 MULBERRY STREET WATERLOO, IA 50703 Lender: MidWestOne Bank Waterloo Office 3110 Kimball Ave Waterloo, IA 50702 (319) 232-5513 Principal Amount: $122,974.22 Date of Note: October 17, 2025 PROMISE TO PAY. CEDAR SKYLINE CORPORATION ("Borrower") promises to pay to MidWestOne Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Twenty-two Thousand Nine Hundred Seventy-four & 22/100 Dollars ($122,974.22), together with interest on the unpaid principal balance from October 17, 2025, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an interest rate of 7.500% per annum based on a year of 360 days, until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. Borrower will pay this loan in 60 payments of $2,470.47 each payment. Borrower's first payment.is.:due November 17, 2025, and ................ all subsequent payments are due on the same day of each month after that. Borrower's final payment wi:lll::be::due on October 17, 2030, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. ,„vigoot otherwise agreed or required by ..................... applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to>:any!eser0.-W,:,or reserve account payments as required under any mortgage, deed of trust, or other security instrument or security agreement;sseeuring :tl s:Note,; then to any late charges; and then to any unpaid collection costs. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/360 basl&l;that"f§, by applying: the:r8tio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days` the` principal balance is outstanding. All interest payable under this Note is computed using this method. This:::edlhulation method results in a k gl er effective interest rate than the numeric interest rate stated in this Note. RECEIPT OF PAYMENTS. All payments must be made in U.S. dollars and must;beteceived by Lender consistent with the:foliowing payment instructions: MidwestOne Bank loan payments can be made in -person, at the night depository, by:ptpi e, by mail or through Online and Mobile Banking. All loan payments must be made in U.S. currency, accompanied by tli0.440.00 number::rlr d`.pdyment billing notice or payment coupon. Every day is a business day, except Saturdays, Sundays, and federal holidays. Payments that do not follow these instructions are considered Non -Conforming d payiErtcrediting may be delayed for up to 5 days. Conforming Payments received before the times noted below on a business day are;.cre ded to your loan on the date we receive them. Conforming payments received after these cutoff times or on a Saturday, Sunday or Federal.Hrl:iday will be posted the next business day. All times noted are Central Time unless otherwise noted. Payment Types and Cutoff Times In -Person - Payments made in -person at any branch location ';an bCfS0. s`.d.ay during normal business hours will be credited on that day. Principal payments made to Home Equity Line of Credit, Life Line:rjf:.G:redit and q ress:Gredit will be posted effective the day they are received which includes Saturdayduringthe hours in which the Branch is P: ........:..... By Mail - Mailed payments must be sent to MidWestOne Bank, pf7:Eox 177Q: day during our normal business hours will be credited, on that day. By Phone - 5:00 PM Central Time. Payment.i.itistruet w s,.can be mad Wig any of our Service Center at 800-247-4418. ............................... ................................ ................................ ................................. ................................. ................................. Online, Mobile & Telebanc - 6:00 PM Central>:Timo": Night Depository - 9:00 AM Central;TitYe> ............... ............... ............... ............... ............... Lender may modify these payment` instructions by,providing updated payri er t`instructions to Borrower in writing. PREPAYMENT. Borrower may prjwh u amount owed earlier than it is due. Early payments will not, unle ss agreed to by Lender in writing, relieve :Borrower::of orrower:s:o Egatlori to continue to make payments under the payment schedule. Rather, early payments will reduce the principollbalan e due and may result:in Borrower's making fewer payments. Borrower agrees not to send Lender . :::...:..:....:: payments marked "paid; in; full", "without`recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lenders :rights>.under this 'Ni te, ard. Borrower will remain obligated to pay any further amount owed to Lender. All written communications eonCefrung disputed amounts; including any check or other payment instrument that indicates that the payment constitutes "payment in ful:l:`:':ef:'the amo'ii:nt owed:!:or that is tendereel.with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or detlyered>to: MidWest ne1:Nank, 102 S.C:llnttn Street, PO Box 1700 Iowa City, IA 52244-1700. LATE CHARGE. If a payment is''1.5.:days or more date, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled paymerii0r:;$25: 00, whichever is greater INTEREST AFTERI::DEFAULT. Upon defame, including failure to pay upon final maturity, the interest rate on this Note shall be increased to 21.000% per anr;unil;based on a year af ;360 days. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable lay?Illl.:::::.. DEFAULT. Each of thi.d:ft ll:owin,g s# al OOnstitute an event of default ("Event of Default") under this Note: ................................. ................................. ............................... ............................... ............................ Payment Default. 'B;orrroweryfi :il to make any payment when due under this Note. .................... ................... .................. ................. ................ Other Defaults. Borrower feils to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. IA`52244-1700. Payments received on a business Page 553 of 619 PROMISSORY NOTE Loan No: 7600026787 (Continued) Page 2 Cure Provisions. If any default, other than a default in payment, is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including without limitation all attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Iowa without regard to its conflicts of law provisions. This Note has been accepted by Lender in the State of Iowa. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on<:the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by REAL ESTATE MORTGAGE DATED 05/26/2006 ON PARKING LOT LOCATED IN BLOCK 14, ORIGINAL FLAT, EAST SIDE OF THE CEDAR ................ ............ RIVER, ACCESSING NEAR 614 LAFAYETTE ST, WATERLOO, IA 50703. ............................ PURPOSE OF LOAN. RENEW REFINANCE REAL ESTATE DEBT ON PARKING LOT ACCESSING NEAR`61}`L;AYETTE ST, WATERLOO. PRIOR NOTE. THIS NOTE RENEWS AND DOES NOT SATISFY OR DISCHARGE NOTE #7600026787<EEXECUTED O 69/08/2020. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and;::upon Borrower's hirspersonal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and as.sig;ris :.: GUARANTY PROVISION. ................ GUARANTY DATED 09/08/2020 FROM THE CITY OF WATERLOO, IOWA. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact w:i:l:l.<:not affect the rest:af the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower.arid any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for paymer t and notice ofdl hoflor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Noteisiow4igtoorwMaker, guarantor, accommodation maker or ............................ ........................ endorser, shall be released from liability. All such parties agree that Lender may rer ;e±;er;:O�tend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perffc1 Ltr cler's security interest in the collateral; and take ................... any other action deemed necessary by Lender without the consent of or notice to anyone::;„:All:s:uch parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the p rty with whom the rrio lfiCOtipn is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL; THE;; PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY THIS DEBT. BORROWER: CEDAR SKYLINE CORPORATION By: CHRISTOPHER JOSEPH WILLIAMHALE, QfE::AND ALL OTHER DOCUMENTS RELATING TO B.y JESSICA MARIE RUCKER, Executive Director of of CEDAR SKYLINE CORPORATION»»»»»»»»»»>: CEDAR SKYLINE CORPORATION Presi0Ont By: LATHY AlIt31: ? ;:SCHU t R .................................. SKYLINE :CORp RATION .20.003 Copr. Flnastra USA Corporation 1997, 2025. All Rights Reserved. - IA C:\LaserPro\CFI\LPL\D20.FC TR-126938 PR-6 Page 554 of 619 i i i i i "HLP0316" i PROMISSORY NOTE Principal $122,974.22 Loan Date 10-17-2025 Maturity 10-17-2030 Loan No 7600026787 Call / Coll 1300 Account 63018-01 Officer SMG Initials References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ""'" has been omitted due to text length limitations. Borrower: CEDAR SKYLINE CORPORATION 512 MULBERRY STREET WATERLOO, IA 50703 Lender: MidWestOne Bank Waterloo Office 3110 Kimball Ave Waterloo, IA 50702 (319) 232-5513 Principal Amount: $122,974.22 Date of Note: October 17, 2025 PROMISE TO PAY. CEDAR SKYLINE CORPORATION ("Borrower") promises to pay to MidWestOne Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of One Hundred Twenty-two Thousand Nine Hundred Seventy-four & 22/100 Dollars ($122,974.22), together with interest on the unpaid principal balance from October 17, 2025, calculated as described in the "INTEREST CALCULATION METHOD" paragraph using an interest rate of 7.500% per annum based on a year of 360 days, until paid in full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. PAYMENT. Borrower will pay this loan in 60 payments of $2,470.47 each payment. Borrower's first payment.is.:due November 17, 2025, and ................ all subsequent payments are due on the same day of each month after that. Borrower's final payment wi:lll::be::due on October 17, 2030, and will be for all principal and all accrued interest not yet paid. Payments include principal and interest. ,„vigoot otherwise agreed or required by ..................... applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to>:any!eser0.-W,:,or reserve account payments as required under any mortgage, deed of trust, or other security instrument or security agreement;sseeuring :tl s:Note,; then to any late charges; and then to any unpaid collection costs. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/360 basl&l;that"f§, by applying: the:r8tio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days` the` principal balance is outstanding. All interest payable under this Note is computed using this method. This:::edlhulation method results in a k gl er effective interest rate than the numeric interest rate stated in this Note. RECEIPT OF PAYMENTS. All payments must be made in U.S. dollars and must;beteceived by Lender consistent with the:foliowing payment instructions: MidwestOne Bank loan payments can be made in -person, at the night depository, by:ptpi e, by mail or through Online and Mobile Banking. All loan payments must be made in U.S. currency, accompanied by tli0.440.00 number::rlr d`.pdyment billing notice or payment coupon. Every day is a business day, except Saturdays, Sundays, and federal holidays. Payments that do not follow these instructions are considered Non -Conforming d payiErtcrediting may be delayed for up to 5 days. Conforming Payments received before the times noted below on a business day are;.cre ded to your loan on the date we receive them. Conforming payments received after these cutoff times or on a Saturday, Sunday or Federal.Hrl:iday will be posted the next business day. All times noted are Central Time unless otherwise noted. Payment Types and Cutoff Times In -Person - Payments made in -person at any branch location ';an bCfS0. s`.d.ay during normal business hours will be credited on that day. Principal payments made to Home Equity Line of Credit, Life Line:rjf:.G:redit and q ress:Gredit will be posted effective the day they are received which includes Saturdayduringthe hours in which the Branch is P: ........:..... By Mail - Mailed payments must be sent to MidWestOne Bank, pf7:Eox 177Q: day during our normal business hours will be credited, on that day. By Phone - 5:00 PM Central Time. Payment.i.itistruet w s,.can be mad Wig any of our Service Center at 800-247-4418. ............................... ................................ ................................ ................................. ................................. ................................. Online, Mobile & Telebanc - 6:00 PM Central>:Timo": Night Depository - 9:00 AM Central;TitYe> ............... ............... ............... ............... ............... Lender may modify these payment` instructions by,providing updated payri er t`instructions to Borrower in writing. PREPAYMENT. Borrower may prjwh u amount owed earlier than it is due. Early payments will not, unle ss agreed to by Lender in writing, relieve :Borrower::of orrower:s:o Egatlori to continue to make payments under the payment schedule. Rather, early payments will reduce the principollbalan e due and may result:in Borrower's making fewer payments. Borrower agrees not to send Lender . :::...:..:....:: payments marked "paid; in; full", "without`recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lenders :rights>.under this 'Ni te, ard. Borrower will remain obligated to pay any further amount owed to Lender. All written communications eonCefrung disputed amounts; including any check or other payment instrument that indicates that the payment constitutes "payment in ful:l:`:':ef:'the amo'ii:nt owed:!:or that is tendereel.with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or detlyered>to: MidWest ne1:Nank, 102 S.C:llnttn Street, PO Box 1700 Iowa City, IA 52244-1700. LATE CHARGE. If a payment is''1.5.:days or more date, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled paymerii0r:;$25: 00, whichever is greater INTEREST AFTERI::DEFAULT. Upon defame, including failure to pay upon final maturity, the interest rate on this Note shall be increased to 21.000% per anr;unil;based on a year af ;360 days. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable lay?Illl.:::::.. DEFAULT. Each of thi.d:ft ll:owin,g s# al OOnstitute an event of default ("Event of Default") under this Note: ................................. ................................. ............................... ............................... ............................ Payment Default. 'B;orrroweryfi :il to make any payment when due under this Note. .................... ................... .................. ................. ................ Other Defaults. Borrower feils to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Insolvency. The dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Change In Ownership. Any change in ownership of twenty-five percent (25%) or more of the common stock of Borrower. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. IA`52244-1700. Payments received on a business Page 555 of 619 PROMISSORY NOTE Loan No: 7600026787 (Continued) Page 2 Cure Provisions. If any default, other than a default in payment, is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within ten (10) days; or (2) if the cure requires more than ten (10) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including without limitation all attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Iowa without regard to its conflicts of law provisions. This Note has been accepted by Lender in the State of Iowa. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on<:the indebtedness against any and all such accounts. COLLATERAL. Borrower acknowledges this Note is secured by REAL ESTATE MORTGAGE DATED 05/26/2006 ON PARKING LOT LOCATED IN BLOCK 14, ORIGINAL FLAT, EAST SIDE OF THE CEDAR ................ ............ RIVER, ACCESSING NEAR 614 LAFAYETTE ST, WATERLOO, IA 50703. ............................ PURPOSE OF LOAN. RENEW REFINANCE REAL ESTATE DEBT ON PARKING LOT ACCESSING NEAR`61}`L;AYETTE ST, WATERLOO. PRIOR NOTE. THIS NOTE RENEWS AND DOES NOT SATISFY OR DISCHARGE NOTE #7600026787<EEXECUTED O 69/08/2020. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and;:upon Borrower's hirspersonal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and as.sig;ris :.: GUARANTY PROVISION. ................ GUARANTY DATED 09/08/2020 FROM THE CITY OF WATERLOO, IOWA. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower.arid any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for paymertaridriotice of'ditArior. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this isiow4igtoorwMaker, guarantor, accommodation maker or ............................ ........................ endorser, shall be released from liability. All such parties agree that Lender may rer ;e±;er;:O�tend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perffc1 Ltr cler's security interest in the collateral; and take ................... any other action deemed necessary by Lender without the consent of or notice to anyone All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the p rty with whom the rrio lfiCOtipn is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL; THE;; PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY THIS DEBT. BORROWER: CEDAR SKYLINE CORPORATION By: COPY CHRISTOPHER JOSEPH WILLIAM"HALE, Presittent" ............:..........:....:........:...... of CEDAR SKYLINE CORPORATION;;;:: By: COPY CATHY ANNSGHUEER .................................. SKYLINE :CORp RATION QfE::AND ALL OTHER DOCUMENTS RELATING TO JESSICA MARIE RUCKER, Executive Director of CEDAR SKYLINE CORPORATION .20.003 Copr. Flnastra USA Corporation 1997, 2025. All Rights Reserved. - IA C:\LaserPro\CFI\LPL\D20.FC TR-126938 PR-6 Page 556 of 619 FOR RECORDER'S USE ONLY Prepared By: JOEL BRUMM, LOAN PROCESSOR, MidWestOne Bank, 3110 Kimball Ave, Waterloo, IA 50702, (319) 232-5513 ADDRESS TAX STATEMENT: CEDAR SKYLINE CORPORATION, 512 MULBERRY STREET, WATERLOO, IA 50703 RECORDATION REQUESTED BY: MidWestOne Bank, Waterloo Office, 3110 Kimball Ave, WateriOO `i!A 50702 WHEN RECORDED MAIL TO: MidWestOne Bank, Waterloo Office, 3110 Kimball Ave Waterloo, IA. 50702 MODIFICATION OF MORT...................AE ................... The names of all Grantors (sometimes "Grantor) can, be found on'page;1!;of this Modification. The names of all Grantees (sometimes "LenderldaOlderiddq, page 1 of`'this<i.... l odification. The property .......... address can be found on page 1 of this Modification.<;The legal description can be found on page 1 of this Modification. The related document or iristrumeiYt inumber ;i: an.; be found on page 1 of this Modification. THIS MODIFICATION OF MORTGAGE dated October 17, 2025, is made and executed between CEDAR SKYLINE CORPORATION; AN IOWA NON-PROFIT CORPORATION (referred to below as "Grantor") and MidWestOne Bank, whose acldress is 3110 Kimball Ave, Waterloo, IA 50702 (referred to below as "Lender"). MORTGAGE. Lender and' Grantor have entered into :;:a;Mortgage dated May 26, 2006 (the "Mortgage") which has been recorded in BLACKHAWK Cunty, State of Iowa, as follows: THIS MORTGAGE WAS FILED FOR RECORD ON MAY 31, 2006, AS DOCUMENT NUMBER 2006'-2i 647<IN THE OFFIC'Ei<C OF THE BLACK HAWK COUNTY RECORDER. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in BLACKI-IAWK County, State of Iowa;;;;;;; See EXHIBIT A, which is attached to this Modification and made a part of this Modification as if fully set forth herein. The Real Property or its ddress is commonly known as PARKING LOT LOCATED IN BLOCK 14, ORIGINAL «PLAT, EAST:;: SIDE OF THE CEDAR RIVER, ACCESSING NEAR 614 LAFAYETTE ST, .................................. .................................. ................................. WATERLOO, IA 50703. MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows: IN CONSIDERATION OF THE MUTUAL PROMISES AND AGREEMENTS HEREIN SET FORTH, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE THAT THE TIME PROVIDED IN SUCH MORTGAGE FOR THE PAYMENT OF THE PRINCIPAL SUM NOW SECURED THEREBY IS HEREBY EXTENDED TO NOVEMBER 17, 2045, AND TO ADD NOTICE OF WAIVER OF HOMESTEAD EXEMPTION, WITH THE OTHER TERMS AND CONDITIONS OF SAID MORTGAGE AS RECORDED TO REMAIN IN FULL FORCE AND EFFECT. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Mortgage shall remain unchanged and in full force and effect and are legally valid, binding, and enforceable in accordance with their respective terms. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Mortgage as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Mortgage (the "Note"). It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and endorsers to the Note, Page 557 of 619 MODIFICATION OF MORTGAGE (Continued) Page 2 including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Mortgage does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non -signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF MORTGAGE AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF MORTGAGE IS DATED OCTOBER 17, 2025. GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MODIFICATION OF MORTGAGE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. GRANTOR: CEDAR SKYLINE CORPORATION By: By: By: CHRISTOPHER JOSEPH WILLIAM HALE, President a CEDAR SKYLINE CORPORATION JESSICA MARIE RUCKER, Executive Director of CEDAR SKYLINE CORPORATION CATHY ANN SCHULER, Treasurer of CORPORATION LENDER: MIDWESTONE BANK X Sara Gienau, Vice President Retail Market Manager Page 558 of 619 MODIFICATION OF MORTGAGE (Continued) Page 3 NOTICE OF WAIVER OF HOMESTEAD EXEMPTION GRANTOR UNDERSTANDS THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE, AND THAT BY SIGNING THIS MODIFICATION, GRANTOR VOLUNTARILY GIVES UP GRANTOR'S RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MODIFICATION. DATED OCTOBER 17, 2025. GRANTOR: CEDAR SKYLINE CORPORATION By: By: By: CHRISTOPHER JOSEPH WILLIAM HALE, President CEDAR SKYLINE CORPORATION JESSICA MARIE RUCKER, Executive Director of CEDAR; SKYLINE CORPORATION CATHY ANN SCHULER, Treasurer o€«< !E»AR :::§KYLINE CORPORATION CORPORATE AC KNOWLEDGMENT .................. SS This record was«<iacknowledged i !before me on , 20 by CHRISTOPHER JOSEPH WILLIAM HALE, President of CEDAR SKYLINE CORPORATION; JESSICA MARIE RUCKER, Executive Director of CEDAR SKYLINE CORPORATION; and CATHY ANN SCHULER, Treasurer of CEDAR SKYLINE CORPORATION. Notary Public in and for the State of My commission expires Page 559 of 619 MODIFICATION OF MORTGAGE (Continued) Page 4 STATE OF COUNTY OF LENDER ACKNOWLEDGMENT SS This record was acknowledged before me on , 20 Gienau as Vice President, Retail Market Manager of MidWestOne Bank. Notary Public in and fartiState of My commission ex LaserPro, Ver. 25.2.20.003 Copr. Finastra USA Corporaticinj C:\LaserPro\CFI\LPL\G201.FC TES: by Sara All Rights Reserved. - IA Page 560 of 619 FOR RECORDER'S USE ONLY Prepared By: JOEL BRUMM, LOAN PROCESSOR, MidWestOne Bank, 3110 Kimball Ave, Waterloo, IA 50702, (319) 232-5513 ADDRESS TAX STATEMENT: CEDAR SKYLINE CORPORATION, 512 MULBERRY STREET, WATERLOO, IA 50703 RECORDATION REQUESTED BY: MidWestOne Bank, Waterloo Office, 3110 Kimball Ave, WateriOO `i!A 50702 WHEN RECORDED MAIL TO: MidWestOne Bank, Waterloo Office, 3110 Kimball Ave Waterloo, IA. 50702 MODIFICATION OF MORT...................AE ................... The names of all Grantors (sometimes "Grantor) can, be found on'page;1!;of this Modification. The names of all Grantees (sometimes "LenderldaOlderiddq, page 1 of`'this<i.... l odification. The property .......... address can be found on page 1 of this Modification.<;The legal description can be found on page 1 of this Modification. The related document or iristrumeiYt inumber ;i: an.; be found on page 1 of this Modification. THIS MODIFICATION OF MORTGAGE dated October 17, 2025, is made and executed between CEDAR SKYLINE CORPORATION; AN IOWA NON-PROFIT CORPORATION (referred to below as "Grantor") and MidWestOne Bank, whose acldress is 3110 Kimball Ave, Waterloo, IA 50702 (referred to below as "Lender"). MORTGAGE. Lender and' Grantor have entered into :;:a;Mortgage dated May 26, 2006 (the "Mortgage") which has been recorded in BLACKHAWK Cunty, State of Iowa, as follows: THIS MORTGAGE WAS FILED FOR RECORD ON MAY 31, 2006, AS DOCUMENT NUMBER 2006'-2i 647<IN THE OFFIC'Ei<C OF THE BLACK HAWK COUNTY RECORDER. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in BLACKI-IAWK County, State of Iowa;;;;;;; See EXHIBIT A, which is attached to this Modification and made a part of this Modification as if fully set forth herein. The Real Property or its ddress is commonly known as PARKING LOT LOCATED IN BLOCK 14, ORIGINAL «PLAT, EAST:;: SIDE OF THE CEDAR RIVER, ACCESSING NEAR 614 LAFAYETTE ST, .................................. .................................. ................................. WATERLOO, IA 50703. MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows: IN CONSIDERATION OF THE MUTUAL PROMISES AND AGREEMENTS HEREIN SET FORTH, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE THAT THE TIME PROVIDED IN SUCH MORTGAGE FOR THE PAYMENT OF THE PRINCIPAL SUM NOW SECURED THEREBY IS HEREBY EXTENDED TO NOVEMBER 17, 2045, AND TO ADD NOTICE OF WAIVER OF HOMESTEAD EXEMPTION, WITH THE OTHER TERMS AND CONDITIONS OF SAID MORTGAGE AS RECORDED TO REMAIN IN FULL FORCE AND EFFECT. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Mortgage shall remain unchanged and in full force and effect and are legally valid, binding, and enforceable in accordance with their respective terms. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Mortgage as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Mortgage (the "Note"). It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and endorsers to the Note, Page 561 of 619 MODIFICATION OF MORTGAGE (Continued) Page 2 including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Mortgage does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non -signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF MORTGAGE AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF MORTGAGE IS DATED OCTOBER 17, 2025. GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MODIFICATION OF MORTGAGE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. GRANTOR: CEDAR SKYLINE CORPORATION By: COPY CHRISTOPHER JOSEPH WILLIAM HALE, President a CEDAR SKYLINE CORPORATION By: COPY JESSICA MARIE RUCKER, Executive Director of CEDAR SKYLINE CORPORATION By: COPY CATHY ANN SCHULER, Treasurer of CEDAR ; I YLINE:: CORPORATION LENDER: MIDWESTONE BANK X COPY Sara Gienau, Vice President Retail Market Manager Page 562 of 619 MODIFICATION OF MORTGAGE (Continued) Page 3 NOTICE OF WAIVER OF HOMESTEAD EXEMPTION GRANTOR UNDERSTANDS THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE, AND THAT BY SIGNING THIS MODIFICATION, GRANTOR VOLUNTARILY GIVES UP GRANTOR'S RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MODIFICATION. DATED OCTOBER 17, 2025. GRANTOR: CEDAR SKYLINE CORPORATION By: COPY CHRISTOPHER JOSEPH WILLIAM HALE, President CEDAR SKYLINE CORPORATION By: COPY JESSICA MARIE RUCKER, Executive Director of CEDAR; SKYLINE CORPORATION By: COPY CATHY ANN SCHULER, Treasurer o€«<EDARiigSKYLINE CORPORATION CORPORATE AC KNOWLEDGMENT .................. SS This record was«<iacknowledged i !before me on , 20 by CHRISTOPHER JOSEPH WILLIAM HALE, President of CEDAR SKYLINE CORPORATION; JESSICA MARIE RUCKER, Executive Director of CEDAR SKYLINE CORPORATION; and CATHY ANN SCHULER, Treasurer of CEDAR SKYLINE CORPORATION. Notary Public in and for the State of My commission expires Page 563 of 619 MODIFICATION OF MORTGAGE (Continued) Page 4 STATE OF COUNTY OF LENDER ACKNOWLEDGMENT SS This record was acknowledged before me on , 20 Gienau as Vice President, Retail Market Manager of MidWestOne Bank. Notary Public in and fartiState of My commission ex LaserPro, Ver. 25.2.20.003 Copr. Finastra USA Corporaticinj C:\LaserPro\CFI\LPL\G201.FC TES: by Sara All Rights Reserved. - IA Page 564 of 619 i i i i i *HLP0231" i i DISBURSEMENT REQUEST AND AUTHORIZATION Principal $122,974.22 Loan Date 10-17-2025 Maturity 10-17-2030 Loan No 7600026787 Call / Coll 1300 Account 63018-01 Officer SMG Initials References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ""'" has been omitted due to text length limitations. Borrower: CEDAR SKYLINE CORPORATION 512 MULBERRY STREET WATERLOO, IA 50703 Lender: MidWestOne Bank Waterloo Office 3110 Kimball Ave Waterloo, IA 50702 (319) 232-5513 LOAN TYPE. This is a Fixed Rate (7.500%) Nondisclosable Loan to a Corporation for $122,974.22 due on October 17, 2030. This is a secured renewal loan. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: ❑ Personal, Family, or Household Purposes or Personal Investment. IN Business (Including Real Estate Investment). SPECIFIC PURPOSE. The specific purpose of this loan is: RENEW PARKING LOT REFINANCE. DISBURSEMENT INSTRUCTIONS. Borrower understands that no loan proceeds will be disbursed iAnOi WI of Ler der'$ Conditions for making the loan have been satisfied. Please disburse the loan proceeds of $122,974.22 as follows: Other Disbursements: $122974.22 $122,974.22 RENEWAL #7600026787 Note Principal: CHARGES PAID IN CASH. Borrower has paid or will pay in cash as agreed the follovri!ri Prepaid Finance Charges Paid in Cash: Other Charges Paid in Cash: $27.00 Mortgage Recording Fee $6.00 E Filing Fee $450.00 Origination Fee to MWO` $395.25 Interest Due #76000267 Total Charges Paid in Cash: $122,97422, $0.00 $878.25 $878.25 BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF<THIS<:D:1:581:lRSEMENT REQUEST AND AUTHORIZATION AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. FINANCIAL CONDITION. BY SIGNING "THIS "AUTHORIZATION , BORROWER REPRESENTS AND WARRANTS TO LENDER THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND CORRECT AND THAT THERE HAS BEEN NO MATERIAL ADVERSE CHANGE IN BORROWER'S FINANCIAL CONDITION AS DISCLQ$ED IN BORROWER'S MOST RECENT FINANCIAL STATEMENT TO LENDER. THIS AUTHORIZATION IS DATED OCTOBER 17, 2025. BORROWER: CEDAR SKYUNEi1 ORPORATION By: CHRISTOPHI R. JOSEPH WILLIAIVIHALE, President of CEDARSKYLINE CORPORATIO:::: CATHY ANN 'SCHULER,,;;:TreasUrer of CEDAR ................................ SKYLINE CORPORATION ........................... .......................... By: JESSICA MARIE RUCKER, Executive Director of CEDAR SKYLINE CORPORATION LaserPro, Ver. 25.2,20,003 Copr. Flnastra USA Corporation 1997, 2025. All Rights Reserved. - IA C:\LaserPro\CFI\LPL\I20. FC TR-126938 PR-6 Page 565 of 619 i i i i i *HLP0231" i i DISBURSEMENT REQUEST AND AUTHORIZATION Principal $122,974.22 Loan Date 10-17-2025 Maturity 10-17-2030 Loan No 7600026787 Call / Coll 1300 Account 63018-01 Officer SMG Initials References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ""'" has been omitted due to text length limitations. Borrower: CEDAR SKYLINE CORPORATION 512 MULBERRY STREET WATERLOO, IA 50703 Lender: MidWestOne Bank Waterloo Office 3110 Kimball Ave Waterloo, IA 50702 (319) 232-5513 LOAN TYPE. This is a Fixed Rate (7.500%) Nondisclosable Loan to a Corporation for $122,974.22 due on October 17, 2030. This is a secured renewal loan. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: ❑ Personal, Family, or Household Purposes or Personal Investment. ® Business (Including Real Estate Investment). SPECIFIC PURPOSE. The specific purpose of this loan is: RENEW PARKING LOT REFINANCE. DISBURSEMENT INSTRUCTIONS. Borrower understands that no loan proceeds will be disbursed iAnOi WI of Ler der'$ Conditions for making the loan have been satisfied. Please disburse the loan proceeds of $122,974.22 as follows: Other Disbursements: $122974.22 $122,974.22 RENEWAL #7600026787 Note Principal: CHARGES PAID IN CASH. Borrower has paid or will pay in cash as agreed the follovri!ri Prepaid Finance Charges Paid in Cash: Other Charges Paid in Cash: $27.00 Mortgage Recording Fee $6.00 E Filing Fee $450.00 Origination Fee to MWO` $395.25 Interest Due #76000267 Total Charges Paid in Cash: $122,97422, $0.00 $878.25 $878.25 BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF<THIS<:D:1:581:lRSEMENT REQUEST AND AUTHORIZATION AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. FINANCIAL CONDITION. BY SIGNING "THIS "AUTHORIZATION , BORROWER REPRESENTS AND WARRANTS TO LENDER THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND CORRECT AND THAT THERE HAS BEEN NO MATERIAL ADVERSE CHANGE IN BORROWER'S FINANCIAL CONDITION AS DISCLQ$ED IN BORROWER'S MOST RECENT FINANCIAL STATEMENT TO LENDER. THIS AUTHORIZATION IS DATED OCTOBER 17, 2025. BORROWER: CEDAR SKYLINE CORPORATION By: CC)l?3'» CHRISTOPHER. JOSEPH WILLIAIVIHALE, President of CEDARSKYLINE CORPORATION By: COPY CATHY ANN 'SCHULER,,;;:TreasUrer of CEDAR ................................ SKYLINE CORPORATION ........................... .......................... By: COPY JESSICA MARIE RUCKER, Executive Director of CEDAR SKYLINE CORPORATION LaserPro, Ver. 25.2,20,003 Copr. Flnastra USA Corporation 1997, 2025. All Rights Reserved. - IA C:\LaserPro\CFI\LPL\I20. FC TR-126938 PR-6 Page 566 of 619 i i i i i i *H LP0244 i i i i BOARDING DATA SHEET Principal $122,974,22 Loan Date 10-17-2025 Maturity 10-17-2030 Loan No 7600026787 Call / Coll 1300 Account 63018-01 Officer SMG Initials References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "w*"" has been omitted due to text length limitations. Borrower: CEDAR SKYLINE CORPORATION 512 MULBERRY STREET WATERLOO, IA 50703 Lender: MidWestOne Bank Waterloo Office 3110 Kimball Ave Waterloo, IA 50702 (319) 232-5513 C.USTOM.ER DATA SUMIMA CEDAR SKYLINE CORPORATION Street AddressS12 MULBERRY STREET Mailing Address: Primary Phone: (319) 291-2038 Resolution: Existing Resolution in Force Officer of CEDAR SKYLINE CORPORATION: CHRISTOPHER JOSEPH WILLIAM HALE Street Address:1111.11111.1111111111.11. Mailing Address: Primary Phone: Officer of CEDAR SKYLINE CORPORATION: JESSICA MARIE RUCKER Street Adds A Mailing Address Primary Phone: Officer of CEDAR SKYLINE CORPORATION: CATHY ANN SCHULER Street Address:•111=1.11111111.. Mailing Address: Primary Phone: CITY OF WATERLOO Street Address:715 MULBERRY ST Primary Phone: (319) 291-4301 Resolution: Existing Resolution in Force Official of CITY OF WATERLOO: QUENTIN M HART Street Address: Primary Phone: NEFICIAL 0: Borrower: CB p4y. Owner Controller Niarr61' JESSICA MARIE Director 23-7125291 Corporation WATERLOO IA 50703 Ext: 1111111111.1111 Individual DECORAH IA 52101 Instructions: Ext: Instructions: .1111111111.11111111 Individual WATERLOO IA 50701 WATERLOO IA 50701 Ext: Instruct* WATERLOO ndividual 2.. Ext: lnstru ion Coti Gugim WATERLOO IA 54 sons: nstructions: A MARIE'R KER, Executive Director Ownersis i'� >s. DOB Address D08 Address WATERLOO, IA 50701, USA Borrower Cust #: 63018-01 County:BLACK HAWK Phone: (319) 291-2038 County: NAICS: 813990 Officer County: County: ''Officer County Coun ara+ for 04,981.54 C&Mty: BLACK HAWK Official County: Title: President Gust #: 63018-02 Rhone: rEhday - itle';Ca i five Director ................... Cust Phone: • Birthday: goinillir Title: Treasurer Gust #: 63018-03 Phone: Birthday: Cust #:1710028066-01 Phone: (319) 291-4301 Title: MAYOR Cust #:1710028066-02 Phone: US Person SSN ,lQ US Person SSN Q Y1.01.001 USA Drivers License: MENEM ® Controller is an execu e' er or senior manager (e.g., Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, Managing Member, Gel'14*iPartner, President, Vice President, Treasurer); or ❑ Any other individual who regularly performs similar functions. LEI: TRAM Transaction No.: 126938 Copied From: 126823 Product Category: Commercial Loan Policy: Commercial Product Description: General Commercial Purpose: Loan is not for Personal, Family, Household Purposes or Personal Investment Purposes. Specific Loan Purpose: RENEW PARKING LOT REFINANCE tCCA (311k> $ A" Universal Loan identifier: 549300LZLYU85WF658707600026787320 (System Generated) Application No: 76000267873 Application Date: 08-22-2025 Loan No: 7600026787 Loan Date: 10-17-2025 Officer:SMG Gienau, Sara Processor No: MYBANKIJBRUMM Brumm, Joel Collateral Code: 1300 Charge Code: Call Code: Port #: 63018 Loan Rating 3: 4 Branch: 36 Waterloo Office Dept: Division: Region: Loan Type: Installment (Direct - Installment) Loan Class: Secured Renewal Purpose Code: 101 Class Code: 10 Misc Code: Payment Code: 2 Bill by Notice Loan Rating 2: Employee Loan: No Restricted Access: No Reg 0 Loan: No Comments: Portfolio Code: Host System: 2041001*CL EOD Code: New Money $: Loan Rating 1: Page 567 of 619 Loan No: 7600026787 BOARDING DATA SHEET (Continued) Page 2 "MARTEM:-. Type SubType Real Estate Other RE Property Tax ID Number(s): Owner(s): Description PARKING LOT LOCATED IN BLOCK 14, ORIGINAL PLAT, EAST SIDE OF THE CEDAR RIVER, ACCESSING NEAR 614 LAFAYETTE ST, WATERLOO, IA 50703 CEDAR SKYLINE CORPORATION Street Address:512 MULBERRY STREET Mailing Address: Primary Phone: (319) 291-2038 Resolution: Existing Resolution in Force Officer of CEDAR SKYLINE CORPORATION: CHRISTOPHER JOSEPH WILLIAM HALE Street Address:1111111111111111 Mailing Address: Primary Phone: Officer of CEDAR SKYLINE CORPORATION: JESSICA MARIE RUCKER Street Address_ - Mailing Address samwirimm Primary Phone: Officer of CEDAR SKYLINE CORPORATION: CATHY ANN SCHULER Street Address:411.1181M11.1111.1111- Mailing Address: Primary Phone: CR Loan Type: 01-Small btis-0s Loan Number: 7600026787 Loan Amount: 123K Parcel Number: 23-7125291 Corporation WATERLOO IA 50703 Ext: Instructions: 11.11.1101.11 Individual DECORAH IA 52101 Ext: Instructions: .1111111MIN. Individual WATERLOO IA 50701 WATERLOO IA 50701 Ext: Instructions: .11111.1.11- WATERLOO Ext: IA 50702 EAST SICE OF THE CEDAR RIVER, ACCESSING NEAR 614 LAFA'IE113] Action Taken: 1-Loan originated Action Taken Date: 10-17-2025 MSA No: State Code: 19 County Code: Census Tract: AMOUN.: :.EST-ED• PREPAI „....,..,,,.:,RGES: CHARGE rge keW: 0" ee E Filing Fee ••',R: Origination Fee t0'. ..Interest Due #7600Z007 ... MOUNT: ..„.,....,..,...„.,,..,..., :„.....,.........„.... ------ .••:_::.••...••::•:.••,.••::•:,••,.••...•:.••.• Dist@ 'ENTS: ............ ........... .,....:,::.:,:....:,, • "'"'" • RENWi.76ODO26787 PAYMENT N: Amount $2,470.47 Disbursement Date: Due Date: INTEREST RATE SELECTION: Interest Method: Interest Rate: Instructio 0 BLACK HAWK Thousands: ccount Type: LENDING State IA Purchase Value Money $62,570.00 County: BLACKHAWK Collateral Code 1300 Oust #: 63018-01 County:BLACK HAWK Phone: (319) 291-2038 County: NAICS: 813990 Officer County: County: Officer Coun Coun TALLME 'CAN a(e) ththtfded $122,974.22 0,00 $122,974.22 Due Monthly beginning 11-17-2025 10-17-2025 10-17-2030 365/360 7.500 Title: President Cust #: 63018-02 Phone: Title: Executive Director Gust #: 63018-04 Phone: pday: •asurer Gust Phone: Birthday: 41/I/INIIIP ),{,enue: 3-Not known ATED IN BLOCK 14, ORIGINAL PLAT, In Cash 27,00 6.00 450.00 395.25 $878.25 $122,974.22 APR FINANCE CHARGE AMOUNT FINANCED TOTAL OF PAYMENTS 7.608% $25,253.98 $122,974.22 $148,228.20 Page 568 of 619 Loan No: 7600026787 BOARDING DATA SHEET (Continued) Page 3 Upload Items. v.7.10.24 Certification of Beneficial Ownership (COBO) - Check form for signature PRIOR to upload - Update Navigator if applicable. do not delete above this line **NEW** - NAICS - Uploaders - Add or Verify NAICS code on Borrower(s) Customer/Name level in Navigator New Port # built by Retail at closing [ ] Yes [x] NA - If Yes, enter Port # if established: (Uploaders: If Yes, verify Port is built in Navigator AND Customer #'s/Port # fields on BD are completed. If not, contact Processing) Address Change: [ ] Yes [X] No If Yes, choose one: [ ] Address is currently in Navigator under address record # under existing Port # . (Uploaders: Move address to Loan Port) [ ] Address is currently in Navigator under address record # Loan Port) [ ] Address is not currently in Navigator. Branch has been notified to have added through Deposit Ops. (Uploaders: Verify address has been added to Port) Draw Down Line of credit with payment schedule: [ ] Yes [X] No Uploaders — VERIFY PROMISSORY NOTE FOR AMORTIZATION PERIOD AND DRAW EXPIRATION - Specific P&I Payments aren't built — build with $10 - Add Payment change/recalc based on principal balance when P&I begins — verify am period in note - Add Pending Change — if draw period expires — verify in note -Verify if tickler is needed for a 2nd payment change recalc -Verify if loan has a fixed rate period 1098 Reportable [ ] Yes [X] No -- If no, why: ENTITY Number of Properties: (enter when loan is 1098 reportable and there is more than one property as collateral) FHLB Reportable [ ] Yes [X] No -- If no, why: NO APP Processing: If loan is FHLB reportable and borrower(s) are individuals, enter credit scoresori' ................ ................ Optional Classification Data screen AND Product Host Data Collection screen. Risk Rating/Loan Rating Code change [ ] Yes [X] No - If yes, send email to Loa iops e and requOt Gt arlge(s) to be made. Processing: Review Navigator to verify existing Risk Rating to verify if change. (Upl:ed:ers, do notiisle:bhanges in Navigator) ................ Business Banking Loan [X] Yes [ ] No - if yes, complete below section Is Beneficial Ownership applicable [X] Yes [ ] No - If Yes, Uploader review signed pplicptii .................. FICO Score: 998.00 (Uploaders: Navigator - Enter FICO Score in Credit Score field Preferred Auto Debit Rate: [ ] Yes [X] No (Uploaders;add Teller Alert Preferre(R Approval Flex Field: Check 1 Box (Processing: code listedd:::in 8 C:redit Action) :....:...:...........:.....:... [ ] 3 = $250K: Approved - SBSS [X] 4 = $250K: Approved - BBUW Streamlined [ ] 5 = $250K: Approved - BBUW Full [ ] 6 = $250K: Approved - Override [ ] 10 = $500K: Approved - BBUW Full [ ] 11 = $500K: Approved - Override [ ] 13 = $500K: Approved - SBSS ..................... [ ] 14 = $500K: Approved - BBUW $treait br ed .............................. ................................ ................................ ................................. ............................... ............................... Specialty Business Line: (Uploaders: add f ie 'field 00) [X] NA [ ] 730 - CRE Vertical [ ] 740 - Agri Business Vertical Accounting Branch Code: 36 Amount of Carry Over Debt: [X] NA Renegotiated Debt(SpeeialyAssets): [ ] Yes Subject to Borrtaitviz `#ase:Yiss;;. No Uploader: If MAMAX redit is incre sirir rrlust validat:st ABC in AA ................ ................ ................ ................ ................ New Money;Amount: 0.00 Origination F; e!Documentation Fee wove,[ ] Yes Interest Colleotlort<E ception [ ] Yes Payoff Charges'fo 1A Mortgages only(($14per document) REM release: $13 AOR release: [X] No under existing Customer # . (Uploaders: Move address to [ ] New collateral is cited o t fl UI. iple loans closing on same date If checked, Enter all applicableLoan #'s: Property Address: PARKING LOT NEAR 614 LAFAYETTE ST, WATERLOO, IA 50703 Zip Code *Required: 50703 if no street address enter Parcel Number: if no parcel number enter S-T-R: if no S-T-R enter Brief Legal: Collateral Record in Navigator: [ ] create new [X] existing - provide existing number: 29384 This maps to the following collateral record number in AA: 29384 *OOC: [ ] 1-owner occupied [ ] 2-non owner occupied [x] 3-bare land [ ] 4-owner occupied-2nd home Lien Position: 1 Appraisal Date: 9/8/2015 AV: 62,570 Collateral Flex Fields: Flood zone: AOR: REMINDER - uadate collateral ID#s in AA after upload ADDITIONAL UPLOAD NOTES : FOR CREDIT AND PROCESSING GROUP ONLY: Page 569 of 619 BOARDING DATA SHEET Loan No: 7600026787 (Continued) Page 4 LaserPro, Ver. 25.2.20.003 Copr. Finastra USA Corporation 1997, 2025. All Rights Reserved. - IA C:\LaserPro\CFI\LPL\I40.FC TR-126938 PR-6 Page 570 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving a Supplement Agreement No. 2 in an amount not to exceed $25,000.00, for AECOM Techincal Services, Inc. to perform on -call planning and engineering services at the Waterloo Regional Airport, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a resolution approving a Supplement Agreement No. 2 in amount not to exceed $25,000.00, for AECOM Technical Services, Inc. to perform on -call planning and engineering services at the Waterloo Regional Airport, and authorizing the Mayor to execute said document. This agreement is supplemental to the original agreement approved for on -call planning and engineering services in February of this year, and the first supplemental agreement that was approved in June. The first agreement was for $25,000.00, and the first supplemental agreement was for $30,000.00. Supplemental Agreement No. 2 will have the following scope of services: 1. Airspace releases. 2. Project Coordination. 3. Survey and plat(s). NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 571 of 619 SOURCE OF EXPENDITURES East Waterloo Unified TIF District. ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. AECOM-10 6 2025 Page 572 of 619 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-439-3089 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com ON -CALL GENERAL PLANNING AND ENGINEERING SERVICES CITY OF WATERLOO WATERLOO REGIONAL AIRPORT SUPPLEMENTAL AGREEMENT NO. 2 WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo (Client), 715 Mulberry Street, Waterloo, Iowa, and AECOM Technical Services, Inc. (ATS), 501 Sycamore Street, Suite 222, Waterloo, Iowa, dated February 3, 2025, for on -call general planning and engineering services for the Waterloo Regional Airport; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 1 on June 16, 2025, for additional on -call general planning and engineering services for the Waterloo Regional Airport; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 2 for additional on - call general planning and engineering services for the Waterloo Regional Airport. NOW THEREFORE, it is mutually agreed to amend the original Professional Service Agreement as follows: I. PROJECT DESCRIPTION The project is described as providing general on -call planning and engineering services for the City of Waterloo in relation to the Waterloo Regional Airport. The services will be provided as requested by the City of Waterloo. Anticipated requests include airspace release requests, airport coordination with developments, planning, design and survey services. II. SCOPE OF SERVICES The Scope of Services will encompass and include services, materials, equipment, personnel, and supplies necessary to provide planning, design and survey services as requested by the City of Waterloo. For this on -call airport services agreement, it was assumed approximately 180 hours of services could be requested, as needed, by the City. Task 1 — Airspace Release This task includes completing necessary forms and submittal to the FAA for approval for sites requested by the City. Task 2 — Project Coordination This task includes coordination with the City of Waterloo staff, developers, and FAA staff as needed. Task 3 — Survey and Plat This task includes assisting the City of Waterloo in surveying and platting the area adjacent to the Waterloo Regional Airport as needed. Page 573 of 619 AECOM Task 4 — Property Release Page 2 This task includes assisting the City of Waterloo in preparing property release documents for coordination with the FAA including Airport Layout Plan modifications and Airport Property Map modifications. The Airport Property Map and land sales were required by the FAA to go back to the 1940's. Task 5 — Construction Plan Development This task includes development of construction plans for the fence and pavement removal project. III. COMPENSATION Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be integrated with the fees in the original agreement and Supplemental Agreement No. 1. The total compensation for these services is a not -to -exceed fee of Twenty -Five Thousand Dollars ($25,000.00) and will not be exceeded without authorization from the Client. IV. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated February 3, 2025. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 2 as of the dates shown below: APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM Technical Services, Inc. By: By: edt,04 # so,w/feir Printed Name: Quentin Hart Printed Name: Michelle M. Sweeney, PE, PTOE Title: Mayor Title: Associate Vice President Date: Date: September 18, 2025 L:\Secure_DCS\Administration\AGREE\SUPPLE\SA2WATALO On -Call General Planning & Engineering Services 2025.docx Page 574 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving a First Amendment to a Real Estate Purchase Agreement with John. R. Wolfe and Margaret A. Wolfe, amending the timeline on the purchase of Tract 2 property, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a resolution approving a first amendment to a real estate purchase agreement between the City of Waterloo and John. R. Wolfe and Margaret A. Wolfe, amending the timeline on the purchase of Tract Two property, and authorize the Mayor and City Clerk to execute said document. The seller wishes to proceed with the sale of the second tract of property, and the agreement has to be amended, as the timeline in the original agreement was the purchase of Tract Two would not be sooner than one year and not later than two years after the closing date of tract one, which occurred April 23, 2025 . Amending the original agreement to move the sale up sooner would provide the ability to purchase the land this year. Section 1.1 of the original agreement is proposed to be stricken in its entirety, and the new wording is noted in the attached real estate purchase agreement amendment. NEIGHBORHOOD IMPACT The acquisition would have a positive impact on the neighborhood as it would provide for more economic development activities in a business park area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 575 of 619 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1 First Amendment to R.E. Purchase Agreement 2. Approved Real Estate Purchase Agreement 3. Tract Two - Parcel C 4. Map of Past and Future Purchases Page 576 of 619 FIRST AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT This First Amendment to Real Estate Purchase Agreement ("Amendment") is entered into as of this day of , 2025, by and among the City of Waterloo, Iowa ("Buyer") and John R. Wolfe and Margaret A. Wolfe ("Seller") ("Buyer" and "Seller" are collectively referred to as the "Parties"). WHEREAS, the Parties entered into a Real Estate Purchase Agreement signed by Buyer on December 16, 2024, and signed by Seller on December 10, 2024. A copy of that Agreement is appended hereto as Exhibit A. WHEREAS, the Parties desire to amend said Real Estate Purchase Agreement in the particulars described below. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Section 1.1 of the Real Estate Purchase Agreement is stricken in its entirety and substituted with the following: 1.1 PURCHASE IN SERIES. The Property shall be purchased in up to five ( 5) separate tracts as generally depicted on Exhibit " A" attached hereto. Each of tracts 1- 4 are approximately 14 acres in size, and tract 5 is approximately 15. 68 acres in size. Tracts shall be purchased by Buyer on the following schedule: Tract 1: See section 2 of the Real Estate Purchase Agreement. Tract 2: The purchase and closing date shall be on a date that is mutually agreeable to both Parties, but in any event, no later than two (2) years after the closing date of Tract 1. Tract 3: The purchase and closing date shall be on a date that is mutually agreeable to both Parties, but in any event, no later than two (2) years after the closing date of Tract 2. Tract 4: The purchase and closing date shall be on a date that is mutually agreeable to both Parties, but in any event, no later than two (2) years after the closing date of Tract 3. Tract 5: Buyer shall have a right of first refusal to purchase tract 5. Buyer shall give notice to Seller at least forty-five (45) days in advance of an expected closing date for any tract purchase, to allow sufficient time for abstract update, title review and other matters to be completed before closing. 2. Except as amended in the particular manner set forth above, the terms and provisions of the Real Estate Purchase Agreement shall continue unmodified and in full force. Page 577 of 619 IN WITNESS WHEREOF, the Parties have executed this First Amendment to Real Estate Purchase Agreement by their duly authorized representatives. CITY OF WATERLOO, IOWA By: ..sL, uJ Quentin M. Hart, Mayor John R. Wolfe (Selle Date: Date: ! ' 30 - 2 S Attest: Kelley Fcichle, City Clerk mall, 61 Margaret A. Wolfe (Seller) Date: / ' ? d - 262 5- Page 578 of 619 REAL ESTATE PURCHASE AGREEMENT (NONRESIDENTIAL) TO: John R. Wolfe & Margaret A. Wolfe ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as tax parcel nos. 8813-09-401- 005 (also known as 4634 Kimball Avenue, Waterloo) and 8813-09-401-007, legally described as per the abstract of title; together with any easements and appurtenant servient estates, but subject to any restrictive covenants, ordinances and limited access provisions of record, if any, and to existing easements, if any (all of which interests are herein referred to as the "Property"), upon the following terms and conditions: 1. PURCHASE PRICE. The Purchase Price shall be $45,000.00 per acre for the initial purchase. The Purchase Price for each subsequent purchase shall be adjusted commensurate with the increase in the Consumer Price Index, All Urban Consumers (CPI-U), 1982-84=100 (Unadjusted), from December 2024 until the month preceding a given closing date that is most recently reported by the Bureau of Labor Statistics, not to exceed 3.5% for each 12-month period or part thereof. The entire Purchase Price for each tract purchase shall be due and payable in full at closing. 1.1 PURCHASE IN SERIES. The Property shall be purchased in up to five (5) separate tracts as generally depicted on Exhibit "A" attached hereto. Each of tracts 1-4 are approximately 14 acres in size, and tract 5 is approximately 15.68 acres in size. Tracts shall be purchased by Buyer on the following schedule: • Tract 1 — See section 2 below. • Tract 2 — Not sooner than one (1) and not later than (2) years after the closing date of tract 1 • Tract 3 — Not sooner than one (1) and not later than (2) years after the closing date of tract 2 • Tract 4 — Not sooner than one (1) and not later than (2) years after the closing date of tract 3 • Tract 5 — Buyer shall have a right of first refusal to purchase tract 5.. Buyer shall give notice to Seller at least forty-five (45) days in advance of an expected closing date for any tract purchase, to allow sufficient time for abstract update, title review and other matters to be completed before closing. 1.2. RIGHT OF FIRST REFUSAL. Whenever Seller is in receipt of a bona fide offer for the purchase of tract 5, or any portion thereof, that it desires to accept from a financially capable third party that is not related to Seller by marriage or blood within the third degree of relationship, a copy of such offer shall be promptly delivered to Buyer. Buyer shall have twenty-one (21) days from the date of delivery of said offer in which to exercise a right of first refusal to purchase such portion of the Property on the terms set forth in the offer. If Buyer chooses to exercise its right, it Page 579 of 619 shall deliver written notice (the "ROFR Notice") to Seller within said 21-day period, and the closing of a transaction between the parties shall occur within an additional forty-five (45) days. 2. POSSESSION AND CLOSING. Possession of each tract of the Property shall be delivered to Buyer at the respective closing. Closing for the purchase of tract 1 shall occur at City Hall, 715 Mulberry Street, Waterloo, within 60 days after approval of this Agreement by the Waterloo City Council, subject to prior satisfaction or waiver of any conditions stated in this Agreement, at a date and time mutually agreeable to the parties. Subsequent closing shall occur as mutually agreed by the parties. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date of each tract purchase in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. Because each purchase is expected to cause a split of the tax parcel, and unless the parties mutually make alternate arrangements with respect to a given tract purchase, the parties agree to use a calculation of taxes made by the county auditor. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing of each purchase all installments of special assessments which are a lien on the Property or portion thereof as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the unpurchased portion of the Property until the date of closing and may obtain such insurance as it desires. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: 7. CONDITION OF PROPERTY. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Within 45 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental or other deficiencies that would make the Property unsuitable, in Buyer's opinion, for development. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. Also see paragraph 10.C. 8. ABSTRACT AND TITLE. Buyer shall pay the cost of abstracting for each tract purchase. The abstract shall show marketable title in Seller in conformity with this Agreement, Iowa law, 2 Page 580 of 619 and title standards of the Iowa State Bar Association. Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving 10 days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to a closing. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea - formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: Tract 5: Septic Tank C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $5,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price for each tract, Seller shall convey such tract to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 3 Page 581 of 619 12. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 13. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 14. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship, or receivership, this Agreement shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. 15. REMEDIES OF THE PARTIES. A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 16. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: John R. Wolfe 6142 Kimball Avenue Waterloo, IA 50701 Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning & Development Director 17. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive each of the closings. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph and section headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and 4 Page 582 of 619 phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 18. REAL ESTATE AGENT OR BROKER. Seller has used the services of Fischels Commercial Group as its real estate agent or broker in connection with this transaction, and Seller shall pay all commissions relating to said services. 19. ADDITIONAL PROVISIONS. (a) This Agreement is expressly subject to approval by the city council of Buyer. (b) Except as expressly set forth herein, each party shall pay its own customary closing costs. (c) Seller shall have a first right of refusal, exercisable on a year -by -year basis, to lease back for crop production any part of the Property purchased by Buyer that is not under development. The parties shall agree on a reasonable rental rate within thirty (30) days after Seller delivers written notice of exercise to Buyer. Any lease shall be subject to Buyer's right to give ninety (90) days' advance written notice of termination, in whole or in part, if the leased land or portion thereof is needed for a development project. (d) If Buyer exercises any rights on the Property that result in damage to Seller's current crop, Buyer shall compensate Seller for the full market value of the damaged crop. Buyer shall have no duty to preserve any of such crops, and the Seller accepts as liquidated damages (in lieu of any and all other damages) an amount equal to the most recent USDA proven yield for the commodity planted on the Property in the year of damage multiplied by the USDA four year average price for the commodity grown in the year of damage, multiplied by the number of acres, or fractional acres, of crop destroyed on the Propery. Such compensation shall be paid to Seller upon closing of the specific tract purchased. (e) Seller shall not be liable to provide access to any of Property being purchased. (f) Subject to Seller's Bank Approval on or before 1/25/2025. 20. NO PARTNERSHIP OR JOINT VENTURE. Nothing in this Agreement shall be interpreted as creating a partnership or joint venture between Seller and Buyer relative to the Property. 21. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 22. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before 12/31/2024, this Agreement shall be null and void. Dated 12/16/2024 BUYER City of Waterloo, Iowa Qaetuuz it DIGITALLY J �/ SIGNED, By: 5 Accepted by Seller 12 - ! 0 --2 `r SELLER � t 1,01_ Page 583 of 619 Mayor Attest: Kerrey Fe1chfe City Clerk DIGITALLY SIGNED John R. Wolfe / `rr eve= id_ 00 z Margaret'A. Wolfe 6 Page 584 of 619 EXHIBIT "A" Property Depiction Page 585 of 619 NORTH Parcel "F" Plat of Survey 2024-19660 Point of Commencement Center 1/4 Corner Section 9-T88N-R13W Fnd 2"x5" (Top View) Dark Gray Granite Stone per File No. 2022-24199 N89°55'41 "E 461.41' Plat of Survey Parcel "C" Part of the Southeast 1/4 Section 9-T88N-R13W Waterloo, Iowa N89°55'41"E 1328.87' (1328.84' IDOT) Fnd 518"0 Rebar w/1.5"0 Aluminum IDOT Cap Parcel "C" Plat of Survey 2019-9242 N00°26'30"E 60.00' Fnd 1/2"0 Rebar wlPink Cap #26776 North Line NW 1/4 - SE 1/4 Section 9-T88N-R13W East Line Parcel "B" Parcel "B" NW 1/4 - SE 1/4 Section 9-T88N-R13W Plat of Survey File No. 2025-02560 /�" West Line / NW114-SE1/4 f Section 9-T88N-R13W NOO°26'30"E Center -South 1/16 Corner Section 9-T88N-R13W Fnd 5/8"0 Rebar w11.5" O Aluminum Cap #22561 per File No. 2025-2881 S89°36'33"W 461.44' 03 6 218.89' N89 5'41 "E 462.31' Paint of Beginning NE Corner Parcel "B" Fnd 5/8" O Rebar wlOrange Cap 422561 Center -East 1/16 Corner Fnd 518"0 Rebar w/Orange Cap 422561 per File No. 2023-10058 Fnd 5/8" O Rebar w/Orange Cap #22561 128.24' _. Parcel "C" NW 1/4 - SE 1/4 Section 9-T88N-R13W Area: 14.00 acres SE Corner Parcel "B" Fnd 5/8" o Rebar w/Orange Cap #22561 S89°36'33' W 462.34' South Line South 1/4 Corner NW1/4 SE 1/4 Section 9 T88N-R13W Section 9-T88N-R13W Fnd 1/2"0 Rebar w1Red Cap #16775 S89°48'37"W per File No. 2016-9568 1325.38' 1 589°36'33"W 1327.21' 14 SW 114jg8N1R13W section 9 Index Legend Description: SE 1/4, Section 9-T88N-Ri3W Surveyor: Matthew Kofta, PLS 22561 Company: VJ Engineering 1501 Technology Parkway, Suite 100 Cedar Falls, IA 50613 319-266-5829 Proprietor: John Wolfe Survey Requested by: City of Waterloo, Iowa N89°53'56"E 1326.72' (1326.69' IDOT) COrn N io Q(7) 0 rn N89°55'41 "E 405.16' -1i4 g8i.'Ri 3W section 9 Southeast 1/16 Corner Section 9-T88N-R13W Fnd 518"0 Rebar w11.5"0 Aluminum Cap #22561 per File No. 2025-2883 S89°36'33"W 403.43' J. Ne 114 8 N1R3W $ection 9 East 1/16 South Corner Section 9-T88N-R13W Fnd 5/8" O Rebar per File No. 2025-2559 West Shaulis Road o ro m a) m Section N89°48'25"W 1325.93' Se 110 Tg8 1R13W S89°47'55"W 1325.27' A East 1/4 Corner Section 9-T88N-R13W 47— Fnd MAG Nail in Asphalt per File No. 2022-24200 Kimball Avenue L This Plat of Survey has been ity of Waterloo, Iowa. 042A" Date City of Waterl+�'lowa Date Ordinance Administrator Parcel "C" Legal Description: That part of the North One-half of the Southeast Quarter of Section No. 9, Township No. 88 North, Range 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa described as follows: Commencing at the Center 1/4 Corner of said Section No. 9; thence N89°55'41 "E 461.41 feet along the North line of the Northwest Quarter of the Southeast Quarter of said Section No. 9 to the Northeast Corner of Parcel "B", Plat of Survey File No. 2025-02560, of the records of Black Hawk County, Iowa and the Point of Beginning; thence N89°55'41"E 462.31 feet along said North line; thence S00°26`30"W 1317.91 feet to the South line of the Northwest Quarter of the Southeast Quarter of said Section No. 9; thence S89°36'33"W 462.34 feet along said South line to the Southeast Corner of said Parcel "B"; thence N00°26'30"E 1320.48 feet along the East line of said Parcel "B", containing 14.00 acres. Parcel "C" Area Summary NW 1/4 - SE 1/4 Section 9-T88N-R13W Gross: 14.00 acres R-O-W: 0.00 acres Net: 14.00 acres South 1/16 East Corner Section 9-T88N-R13W /i Fnd 518"0 Rebar per File No. 2025-2882 4- Southeast Corner Section 9-T88N-R13W Fnd MAG Nail wlWasher per File No. 2015-8427 Feature Legend o Set 5/8" O x 24" Rebar w / Orange Cap L.S. #22561 • Property Corner Found ASet Section Corner Section Corner Found 100.00' Dimension of Survey (100.00') Dimension of Record 0 100 200 400 Notes: 1.) Bearings are based on the Iowa Regional Coordinate System, Zone 5, NAD 83 2011 2.) All dimensions are in US Survey feet and decimals thereof. 3.) The error of closure is better than 1:10,000 4.) Field work was completed: 02/06/2025 5.) Parcel Area: 14.00 acres ,resurveywasperlicensed \`\' `Ililu�lrnlh/!^1/4 . \`\ �, •'' • •,d'G ti : Matthew A. "� a , Kofta °L' 22561 �= Ili... •' * 8 '!!OW p�p�,���� /ppr! I hereby certify that This land surveying document was prepared and theme or under my direct sup rvm isi workand that I aa duly and Surveyor under the law iat of Iowa. Matthew A. Kofta, P.L. License number 2256f Pages or sheMy license ets tired by this Bate is G7-7/,L� er 31, 2026 / Dale I-- scale 1 „=20O' drawn by_ MAK date 08/26/25 07 N 0o co >--co cV � I _ �o_ M G.) A a) o) c o w _c 3 0 — ) a) --- etc CI a) U w Cr) I dPO - o 258008) rage bbb or b19 Existing South Waterloo 3usiness Park Existing South Waterloo Business Park Wolfe PurchaseA 0 N 0.1 0.2 Esri Guinn, u,Safe raph,ps Contributors, Iowa DNA, / ASA, reet Microsoft,TS, Bom, Craunin, SafeGfaph, GeoTechnologies, Inc 11IETI/NASS1], USGS, EPA, ILPS, US Census SLueau, ure USDA,LTSPWS 202 Coordinate System: NAD 1983 StatePlane Iowa North FIPS 1401 Feet 0 0.23 Km 0.45 Page 587 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving a Design Services Agreement with Invision Architecture, not to exceed $8,500.00, for planning and design services related to new fuel site locations and Public Works facility updates, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION Requesting approval of agreement with Invision Architecture for planning and design services. SUMMARY STATEMENT AND BACKGROUND INFORMATION Invision Architecture will review the current Public Works facility layout and offer suggestions for new fuel site locations within the Public Works complex. Also to be proposed, a new building to house brine tanks and equipment, sanitation vehicle storage, flood pump storage, and wash bays for grit removal for both large and small vehicles. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Operating budget ALTERNATIVE ACTION LEGAL DESCRIPTION Page 588 of 619 ATTACHMENTS 1. Invision Proposal - PW Facility Fuel Island 2025 Page 589 of 619 INVISION PLANNING I ARCHITECTURE I INTERIORS DESIGN SERVICES PROPOSAL 2025 WATERLOO PUBLIC WORKS PLANNING 7.22.25 Randy Bennett Public Works Director City of Waterloo Randy.bennett@waterloo-ia.org Randy, Thanks for meeting with us and walking through your plans for the Public Works Campus. We've made some assumption based upon our meeting to get the conversation started. PROJECT INFORMATION 1. Scope a. The intent of the study is to modify the current planning and locate high level future needs for the building and site to plan for incremental additions of physical needs to the site in an approach that doesn't negatively impact future decisions. b. General notes from our meeting. i. Locate new fueling station options ii. Locate a new building to include the following. 1. New brine tanks and equipment with space for 4 tanks long term. 2. Sanitation vehicle storage. Match existing size. 3. Flood pump storage space (2nd floor?) 4. New wash bays 2-3 stalls (1 grit removal bay, 1 large and 1 small vehicle) iii. Expand maintenance operations in the existing wash bay footprint. iv. Expand equipment storage in vacated areas. v. Additional staff parking vi. Avoid brownfield contamination areas. c. Some work may be performed by city staff. d. Adjacent residential properties continue to be purchased slowly. e. The transfer station across Linden Ave. is not a priority at this time. 2. Budget a. There is no budget at this time. b. This is largely about planning and identifying potential costs for early phases. 3. Schedule a. Construction to begin for fuel station early 2026 ideally. b. Design process schedule. Week of: i. 7.21.2025 - Proposal submitted ii. 8.4.2025 — proposal approved iii. 8.4.2025 — INVISION to gather scope information and deliver Enriching lives through architecture invisionarch.com 900 MULBERRY STREET DES MOINES, IA 50309 515.633.2941 360 WESTFIELD AVENUE, STE 401 WATERLOO, IA 50701 319.233.8419 6420 SOUTHPOINT PKWY, STE 120 JACKSONVILLE, FL 32216 904.398.3939 Page 590 of 619 INVISION PLANNING I ARCHITECTURE I INTERIORS iv. 8.11.2025 — WPW to confirm scope information v. 8.18.2025— INV work on possibilities vi. 8.25.2025 — INV/WPW joint work session vii. 9.4.2025 — INV refine concept viii. 9.11.2025 — INV WPW meet to finalize. ix. Follow up as needed. 4. Team a. Tim Turnis and I will lead the work. b. We have not included consultants and do not believe they will be needed for the initial phase. If consultants are found to be necessary, we can help get them on board, and they would be invoiced at a direct rate. 5. Form of Contract a. This letter will serve as the form of agreement for the study. b. We propose to work hourly on this and estimate the total amount to be less than $8,500. c. We do not anticipate any reimbursable expenses. If expenses are found to be necessary and approved by you, we will invoice as a direct reimbursable without markup. If you have any questions, give me a call at 319.239.5496. We look forward to continuing to work with you and the public works department. Thank you for the opportunity! Best, Brad Leeper, AIA Partner Authorized signature for approval Date Enriching lives through architecture invisionarch.com 900 MULBERRY STREET DES MOINES, IA 50309 515.633.2941 360 WESTFIELD AVENUE, STE 401 WATERLOO, IA 50701 319.233.8419 6420 SOUTHPOINT PKWY, STE 120 JACKSONVILLE, FL 32216 904.398.3939 Page 591 of 619 Effective 7/1/24 INVISION 2024-2025 HOURLY RATES SCHEDULE Partner $375 Project Manager Project Architect Intern Architect Student Intern Interior Designer Medical Planner Education Planner Laboratory Planner QA/QC Cost Estimator Construction Administrator Specification Writer Graphic Designer Production (modeling, drafting) Administrative $135 - $250 $110-$180 $85 - $110 $65 - $70 $75 - $170 $185 - $265 $185 - $265 $185 - $265 $115-$185 $80 - $125 $85 - $185 $135-$160 $80 - $150 $105 - $150 $75 - $165 Services provided on an hourly basis shall be performed in accordance with the Schedule of Hourly Rates in effect at the time of performance. This schedule is updated annually and will be adjusted with normal review practices. Page 592 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving a Professional Services Contract with Nutri-Ject Systems Inc., of Hudson, Iowa in the amount of $79,847.09, for sludge storage tank cleaning and final land application of biosolids, for the bottom 4 feet of tank solids plus $9,446.26 per foot for solids above the bottom 4 feet, in an amount not to exceed $98,739.61, and authorizing the Mayor 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 593 of 619 1. Nutri-Ject - Contract - Sludge Tank Cleaning 2. Nutri-Ject - Memo - Contract - Sludge Tank Cleaning Page 594 of 619 NUTRI-JECT SYSTEMS, INC. 515 FIFTH STREET - PO BOX 398 - HUDSON, IOWA 50643 Phone: 319-988-4205 Fax: 319-988-3506 Turnkey Biosolids Management Dredging, Digester Cleaning, Biosolids Hauling, Land Application of Diy and Liquid Biosolids High Pressure Water Blasting QUOTATION FOR: City of Waterloo, IA. 3505 Easton Ave Waterloo, IA 50701 Attn: Brad Manahl Email: Brad,Manahl a WATERLOO- IA.ORG DATE OF QUOTE: 09/24/2025 WE ARE PLEASED TO SUBMIT A QUOTATION FOR THE FOLLOWING: Note: Quote for cleaning of the Biosolids Storage Tank We propose to provide all material and labor to clean the second half (1/2) of the sludge storage tank located at the City of Waterloo WWTP. This includes the first 4 feet of the tank considered for these purposes to be the heaviest cleaning at a lump sum price and an additional per foot charge for any amount over the lump sum price. Our services include pumping and liquefying the contents of the tank for final pumping to our semi - tankers for transportation and final land application. This is based on the whole tank being cleaned. Our cost is as follows: • Bottom 4 feet of material that is heavy cleaning $79,847.09 lump sum • The material above the bottom 4 feet is lighter cleaning and will a per foot price.... $9,446.26/foot of sidewall This proposal is based upon our being provided free access to the tank, electrical power 480v/240v 3 phase power for our pump and your electrician wiring our disconnect panel to your source of power, our pump being lifted and placed on the lid of the storage tank by the city, and a source of water for mixing of heavy solids for hosing clean up work. This quote is also inclusive of all confined space procedures. Our services to include all IDNR/EPA required analysis, procurement of suitable fields, soil testing, and agronomic calculations. Land application will be completed in strict accordance to all IDNR/EPA regulations pertaining to the land application of Biosolids and upon completion within 30 days full reports will be forwarded detailing total dry tons and acres applied, dry tons per acre, agronomic loadings as well as all micro/macro nutrients and trace metals. TERMS: 15 DAYS Invoices are due 15 days after the date of the invoice. Interest will be charged on all past due invoices at the rate of 1.5 % per month DELIVERY. AS SCHEDULUED PROJECT AUTHORIZATION: NUTRI-JECT SYSTEMS, INC. Signature: Printed Name and Position: Date: an Broadhead, Project Manager Page 595 of 619 CITY OF � TERLO 0 IOWA WASTE MANAGEMENT SERVICES 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Fax (319) 291-4523 September 24, 2025 To: Waterloo Mayor and Council From: Brad Manahl, Assistant Director ICT/Maintenance RE: Resolution Approving Contract with Nutri-Ject Systems INC. from Hudson, Iowa for Sludge Storage Tank Cleaning and final land application of biosolids. Background Discussion: The POTW's Sludge Storage Tank is a sludge/solids holding tank after Anaerobic Digestion and before dewatering operations. This tank was put into service in 1999. Over the last 25 years solids and inorganics settle at the bottom of the tank, taking up capacity. Over the years we have also seen a decrease in dewatering optimization due to the solids build up. This tank is split into 2 tanks. This agreement is to clean only 1 side so we can continue to process sludge and keep digesters in service. The other side will be cleaned at a later date. Recommended Action: It is recommended that the City Council approve the agreement of cleaning Sludge storage tank including final land application, with Nutri-Ject Systems, INC. of Hudson, Iowa for the amount of $79,847.09 plus $9,446.26/ foot above bottom 4 feet, not to exceed 2 feet. Total of and not to exceed $98,739.61. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 596 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving Supplemental Agreement No. 3 to the Professional Services Agreement with AECOM, Inc., of Waterloo, Iowa, in an amount not to exceed $44,600.00 for construction -related services, in conjunction with the FY 2026 Winn Street Sanitary Sewer, Contract No. 1134, and authorizing the Mayor 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 597 of 619 1. SA3 WAT South Business Park Page 598 of 619 AECOM Page 1 SOUTH BUSINESS PARK WINN STREET SANITARY SEWER CONSTRUCTION -RELATED SERVICES CITY OF WATERLOO, IOWA SUPPLEMENTAL AGREEMENT NO. 3 WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo (Client), 715 Mulberry Street, Waterloo, Iowa, and AECOM Technical Services, Inc. (ATS), 501 Sycamore Street, Suite 222, Waterloo, Iowa, dated January 17, 2023, for preliminary engineering service for the South Business Park; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 1 for the South Business Park Platting and Final Design Services of roadway improvements along Ansborough Avenue dated July 1, 2024; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 2 for the South Business Park Final Design Services of roadway improvements for the Ansborough Avenue roundabout at the intersection with Highway 20 eastbound off- and on -ramps dated August 4, 2025; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 3 for South Business Park Winn Street Sanitary Sewer Construction -Related Services. NOW THEREFORE, it is mutually agreed to amend the original Professional Service Agreement as follows: I. PROJECT DESCRIPTION This project consists of the development of approximately 210 acres located in the southeast quadrant of the Highway 20 interchange with Ansborough Avenue for the proposed South Business Park in Waterloo, Iowa. The project will include grading, drainage, utilities, roadway and other construction typical of a large -sale development. The development area includes approximately 182 acres zoned Business Park (B-P) and 25 acres zoned Agriculture District (A-1). This Supplemental Agreement includes construction -related services (CRS) for the construction of the Winn Street Sanitary Sewer project. Construction is anticipated to begin in October 2025. It is estimated that construction will take 40 working days, with a construction contract completion date of May 31, 2026. II. SCOPE OF SERVICES The Scope of Services will encompass and include work, services, materials, personnel and supplies necessary to provide construction -related services (CRS) for the above -referenced project. These services will include construction staking, field review, materials testing and contract administration. The Scope of Services is further defined as follows: Task 1. Conduct a preconstruction conference attended by representatives of the Contractor, Client, Consultant and affected utilities. Task 2. Provide construction staking for horizontal and vertical controls for the project as follows: a. Set Project Control b. Set Project ROW, Easement and Construction Limits c. Set Stakes for use by Contractor for GPS Grading Page 599 of 619 AECOM Page 2 d. Set Stakes for Fence Construction e. Set Stakes for Drainage Structures and Piping f. Set Stakes for Sanitary Sewer Structures and Piping Task 3. Review shop drawings and other submittals as required of the Contractor by the contract documents for general conformance with the design concept of the project and compliance with the information given in the contract documents. Task 4. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Task 5. Prepare bi-weekly applications for payment based on information provided by field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. Task 6. Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work generally conforms to the contract documents. Task 7. Prepare and assist the Client and Contractor in processing contract change orders. Task 8. Provide field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Staffing requirements may be adjusted during the project in relation to the level of construction activity. Task 9. Provide weekly SWPPP reviews along with City of Waterloo and Contractor personnel, as required by Iowa DNR and City of Waterloo. Task 10. Report to the Client work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents and advise the Client of work that should be corrected or rejected. Task 11. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Task 12. Facilitate bi-weekly construction progress meetings of project and complete minutes for each meeting. Task 13. Participate in a review of the project with the Client and review staff near project completion and prepare a list of items to be completed or corrected. Task 14. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. Task 15. Maintain files for correspondence, reports of the job conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project -related documents. Task 16. Provide the Client with a copy of revised drawings of the construction plans (record drawings) for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. Task 17. Prepare and assist the Client with the final close-out documentation received from the Contractor according to SRF and City of Waterloo requirements. Page 600 of 619 AECOM Page 3 Task 18. Provide monument preservation for the project. This includes resetting property corners and sections after construction as well as preparation and recording of plat. III. COMPENSATION Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be segregated with the fees in the original agreement and Supplemental Agreement Nos. 1 and 2. The estimated fee is Forty -Four Thousand Six Hundred Dollars ($44,600.00) and will not be exceeded without authorization from the Client. IV. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated January 17, 2023. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 3 as of the dates shown below: APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM TECHNICAL SERVICES, INC. By: By: edA Printed Name: Quentin Hart Printed Name: Michelle Sweeney, PE, PTOE Title: Mayor Title: Associate Vice President Date: Date: 9/25/2025 L:\Secure DCS\Administration\AGREE\SUPPLE\SA3 WAT South Business Park.docx Page 601 of 619 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving an agreement with Pro -West & Associates, in an amount not to exceed $3,835.80, to provide Sidewalk Inspection Application updates, and authorizing the Mayor 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. SidewalkUpdates_WaterloolA22SEP2025 Page 602 of 619 Page 603 of 619 PROJECT ESTIMATE PROWEST S.. ASSOCIATES GIS CONSULTING I DATA SERVICES I APPLICATIONS City of Waterloo, IA Sidewalk Inspection Application Updates Date: 9/23/2025 Client: Ben Wagner GIS Director 715 Mulberry St Waterloo, IA 50703 PROJECT DESCRIPTIO Pro -West proposes an update to the City's existing Sidewalk Inspection application. An initial inspection will be submitted to the system by a field user. This will then initiate the SQL Trigger to evaluate the stacked parcels and insert a new point for each intersected parcel. Parcel information will be inserted with the inspection along with the details collected by field staff. Each point will be stacked and manually moved by city staff to the site address associated with the inspection point. PROJECT MANAGEMENT Pro -West & Associates Project Manager: Name: Paul Rairamo Phone: 320-207-6855 Email: prairamo@prowestgis.com Client Project Manager (PM): Project Schedule: TBD Name: Ben Wagner Phone: 319-291-4522 Email: ben.wagner@waterloo-ia.org CLIENT RESPONSIBILITIES IMP III • All email correspondence will be sent to the PWA PM and Technical Lead, as well as any additional stakeholders for the Block Hour Support. • The client will provide Pro -West with remote connection to servers as needed. • Additional responsibilities will be identified as tasks are issued. *If assistance is needed with client responsibilities, additional costs may apply It's important to know 8239 State 371 NW I PO Box 812 I Walker, MN 56484 PH 320.207.6868 I FX 320.207.6869 I www.prowestgis.com I consult@prowestgis.com Page 604 of 619 PROWEST 6 ASSOCIATES Remote Connection Pro -West uses Beyond Trust to facilitate remote connections. Team members connect to a session with a custom session key and portable installer and maintain temporary access needed for the duration of the project (minutes to days). When the project is complete, or the connection is no longer needed, PWA team members close the tool and it removes itself from the system —The session key is then no longer valid and if additional work is needed, team members will be provided a new key for a new connection. Optionally, we can maintain access after the initial project is complete, with authorization from the client. DELIVERABL SQL Server Trigger • Using the SQL Server, PWA will create a Trigger that will insert additional inspection points for each parcel that is overlapping. Indexing Script • Nightly script that will rebuild indexes in the Sidewalk Inspection Database. o This will assure the best performance of the Trigger and services. PROJECT COMPLETION & POST PROJECT SUPPORT Project Completion: The project will be completed when: 1. All updates have been deployed 2. The project close out call has been completed Upon project close, the Sidewalk Manager application will be managed and maintained by the City of Waterloo. Post Project Support PWA understands that support requests and/or general support inquiries will occur after the project is completed. We welcome those inquiries and look forward to supporting you in the future! Below are common inquiries related to general support requests. 1. If there are issues with the deliverables or if clarification is needed regarding the deliverables, contact the PWA Project Manager listed in this scope. 2. If the PWA Project Manager is contacted, after the project is completed, you may be invoiced for that call or email. The PM will discuss invoicing needs during the call. If you contact anyone other than the PWA Project Manager, after the project is completed, an invoice will be sent based on current hourly rates. 2 Page 605 of 619 PROWEST ASSOCIATES 3. If the Project Manager is contacted after the project is completed, they are not available to respond, and the need is urgent (ie: the Project Manager is on vacation or is attending a workshop); contact PWA's main office number for assistance: 320-207-6868 or follow directions listed on the Project Managers out of office reply (if email is used). a. There may be an invoice sent for the support request based on current hourly rates if Technical staff are contacted directly. The PWA Project Manager will follow up when they are available to discuss invoicing. 4. PWA asks that both the PWA Project Manager and the Technical person be copied on emails to ensure prompt service and clarification on needs and any additional fees. If at any time there is a question about an invoice or support need, contact the PWA Project Manager. 5. If there are general questions about any topic related to GIS and/or PWA Services, contact the PWA Project Manager listed in this scope. You may be invoiced for that call or email. The PM will discuss invoicing needs on the call. PROJECT RISKS & MITIGATION 1. Stakeholders are not identified at the beginning of the project a. Mitigation: Client and PWA will identify stakeholders at the project kick off. If changes in stakeholders occur, they will be communicated to the stakeholders immediately to eliminate and/or minimize timeline and budget changes. 2. Stakeholders change throughout the project a. Mitigation: Maintain the same project stakeholders throughout the project. If stakeholders do change, it is the client's responsibility to communicate the purpose of the project to the new stakeholder or for PWA to communicate changes to the client. If the project changes due to a change in stakeholders, additional charges may apply and the timeline may be affected. PROJECT ASSUMPTIONS • The Trigger relies on stacked parcels. 1. If a Condo exists, but there are not stacked parcels, the trigger will not create multiple points. • Initial Inspection Details will be the same for each inserted point 1. Details can be individually modified after the points are created. • The Trigger will create stacked points representing inspection records for each parcel. The points will need to be manually moved to each residence. COST ESTIMAT 3 Page 606 of 619 PRDWEST A 5 5 C C I A T E 5 $3,835.80 Invoicing Schedule: PWA will invoice monthly based on percent of project completed. If the scope, objectives, or timeline change significantly before the project is completed, we will agree to discuss any necessary modifications to our agreed -upon fee or to the scope, objectives, or timeline of the project. * Payment is due within 45 days of an invoice date. If payments are not received within 45 days of the invoice date, a late fee of 1.5% of the invoice amount will be charged for each 45 day cycle that the payment is late. ** 3% convenience fee will be added for payment by credit card To proceed with the described services in this estimate, please sign and date below and return to the Project Manager listed above. CLIENT Pro -West & Associates Acceptance Signature: Signature Date: Estimate valid for 90 days Date: 9/24/2025 4 Page 607 of 619 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department MEETING DATE October 6, 2025 AGENDA ITEM TITLE Resolution approving a third amendment to the Development Agreement and Minimum Assessment Agreement with Bread to Beer LLC., (Single Speed Brewing Company), to provide a grant of $750,000.00 and an additional five -years of tax rebates at seventy percent for the additional improvements made to the site at 325 Commercial Street, and a new Minimum Assessment value of $4,000,000.00, and authorizing the Mayor and City Clerk to execute said documents. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo is working in partnership with Bread to Beer LLC (Single Speed) for machinery, equipment, and building upgrades to their facility in Downtown Waterloo. These improvements will: • Be bringing two additional businesses to Downtown Waterloo in partnership with Single Speed • An investment over $750,000 into existing facility for renovations for added capacity for brewing, adding fermentation Vessels, Brite Tanks, Silos, and a large Storage Cooler, etc. • Increasing the current brewing capacity of the Single Speed site from 5,500 barrels to 12,000 barrels — which will increase overall workload and product manufacturing in Waterloo • The existing Minimum Assessed Value Agreement at $3.0 million will go to $4.0 million • Working to bring over 7 new jobs meeting High Quality Job Creation criteria for the State of Iowa. The incentives • The City will give a grant of $750,000 for investment into the building. • The City will extend the original rebates from 15 years to 20 years total. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES Page 608 of 619 IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Downtown TIF ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. WDC_SingleSpeed_LOS 2. Development Agreement City of Waterloo 10.03.25 - Signed Page 609 of 619 September 15, 2025 City of Waterloo City Council Waterloo, Iowa Subject: Letter of Support - Development Agreement for the Taproom at Wonder Bread Dear Members of the Waterloo City Council, On behalf of the Waterloo Development Corporation (WDC), I am writing to express our strong support for the proposed Development Agreement for the Taproom at Wonder Bread. This initiative represents a vital step forward for both SingleSpeed Brewery and the continued revitalization of Downtown Waterloo. Since its inception, SingleSpeed Brewing has been a valued partner in our community. WDC was proud to support the original development agreement that led to the historic reuse and redevelopment of the Wonder Bread building —an effort that aligned directly with the goals of the Waterloo Downtown Master Plan and WDC's mission to foster sustainable urban development. SingleSpeed has since become a cornerstone of Downtown Waterloo. Its brewery and taproom have not only created a vibrant gathering space but have also catalyzed additional investment in the area, including new residential development. As a successful small business, SingleSpeed has consistently demonstrated its commitment to the community —hosting events, creating special projects and products that support local causes, and partnering with key institutions such as the Waterloo Black Hawks and the Grout Museum. The Development Agreement under consideration will enable this new business to increase current operations, adapt to the evolving brewing industry, and implement a more sustainable and innovative business model. This expansion will also bring a new business concept to Downtown Waterloo, enhance the value of its property, grow its workforce, and attract a broader clientele. The Taproom at Wonder Bread anticipates 15 new full-time employees and approximately $800,000 in salary and benefits. Increasing production capacity and expanding the taproom's business will bring in more revenue for downtown and additional tax increment. Importantly, SingleSpeed's success is integral to the CourtWorks project, which has already begun construction. The City has been generous partner in the CourtWorks project, which is anticipated to create $10-$15 million in economic impact to support downtown and regional businesses, attracting visitors and families from across the Midwest. CourtWorks conservatively estimates 50 to 100 teams coming to Waterloo each tournament weekend. CourtWorks also depends on the presence of vibrant, Page 610 of 619 welcoming businesses to attract tournaments and provide amenities for these visiting families and teams. The large taproom, diverse food and beverage offerings, and community -oriented atmosphere will make it an ideal partner in this effort. The proposed expansion will further elevate the experience for visitors and residents alike, helping Downtown Waterloo stand out in the regional market. WDC fully supports the Development Agreement for the Taproom at Wonder Bread and encourages the City Council to approve this important initiative. It represents a strategic investment in a proven partner and a meaningful contribution to the future of Downtown Waterloo. Sincerely, Waterloo Development Corporation Board of Directors Page 611 of 619 i �i 4aho�L?2�_l St. 1;._ Inclepen�fence, [ �250644 (319) 334-4488 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT AND MINIMUM ASSESSMENT AGREEMENT This Third Amendment to Development Agreement and Amendment to Minimum Assessment Agreement (the "Amendment") is entered into as of , 2025, by and between Bread to Beer, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City and City are parties to a certain Development Agreement and Minimum Assessment dated September 8, 2015 and filed September 30, 2015.as Doc. No. 2016-6142, as amended by an amendment dated January 11, 2016, and an amendment dated October 9, 2017 (collectively, the "Agreement"). B. The parties desire to further amend the Agreement to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: . A new Section 27 is hereby added to the Agreement as follows: 27. Additional Improvements. The Company shall do the following: (a) Upgrade barrel production levels from 5,500 barrels to 14,000 barrels; and (b) Work to create 15 new jobs by adding up to 15 additional employees with an estimated payroll of $800,000.00 and benefits. 2. A new Section 28 is hereby added to the Agreement as follows: Page 612 of 619 28. City incentives for Additional Improvements. In consideration of the Additional Improvements and employment goals, the City shall provide a grant in the amount of $750,000.00 to Company. The grant shall be paid to Company as a reimbursement for Improvements made to facilities for machinery, equipment, and facility upgrades. 3. As part of this Amendment, the Company agrees to enter into a new Minimum Assessment Agreement which is attached hereto as Exhibit AA. All terms and conditions relating to the Minimum Assessment Agreement contained in the original Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful 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 Exhibit "AA", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $4,000,000.00 ("Minimum Actual. Value"), through (a) willful destruction of the Property, 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, 4. Section 8 of the Agreement (Tax Rebates) is hereby amended to extend the period or duration of tax rebates from fifteen (15) years to twenty (20) years. 5. City's sole remedies for Company's non-compliance with the terms of this Amendment shall be the cancellation or termination of this Amendment and/or the Company's forfeiture of its entitlement to the tax rebates in years 16 through 20. Tax Rebates for the first 15 years have been earned by Company based on Company fully satisfying its obligations in the Agreement through the date of this Amendment. City shall not have any right to seek reverter of title as originally provided for in paragraphs 4 and 5 of the Agreement. 6. Except as amended herein, the original Development Agreement and Minimum Assessment Agreement and its Amendments shall continue urunoditied in full force and effect. Terms capitalized in this Amendment but :not defined herein shall have the meaning ascribed to them in the Agreement. This Amendment is binding on the parties and the respective successors, assigns, transferees, and legal representatives of each. This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument. Page 613 of 619 IN WITNESS WIIEREOF, the parties have executed this Third Amendment to Development Agreement and Minimum Assessment Agreement as of the date first set forth above, CITY OF WATERLOO, IOWA BREAD TO BEER, LLC By: By: Quentin M. Hart, Mayor Date: Attest: Kelley Felchle, City Clerk Name: Page 614 of 619 EXHIBIT AA AMENDED MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this day of , 2025, and among the CITY OF WATERLOO, IOWA ("City") and BREAD TO BEER, LLC ("Company"), and the COUNTY ASSESSOR of the BLACK HAWK COUNTY, 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 legally described as Lots Nos. 6, 7, 8, 9 and 10 in Block No. 2, Original Plat on the West Side of the Cedar River, City of Waterloo, Iowa., located in the City (the "Property"); and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the East Waterloo Unified Urban Renewal and. Redevelopment Plan area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and • WHEREAS, pursuant to Iowa Code§ 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the 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 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 Improvements to be constructed thereon by Company as a part of the Project shall not be less than $4,000,000.00 (the 'Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed by the date set forth in the Development Agreement, and in any case if the Improvements are not substantially completed by , 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, 2037. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. Page 615 of 619 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code§ 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the terns 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 review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. S. 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 Page 616 of 619 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 det forth above. [signatures on next page] Page 617 of 619 CITY OF WATERLOO, IOWA BREAD TO BEER, LLC By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK ) ss. ) By: t o %./ A• or?. C.4 I✓ Title: VI. 672 10 G''.," On this day of , 2025, before me, a notary public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn ho being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF COUNTY OF ) ) ss. Notary Public Subscribed and sworn before me on , by as of Bread to Beer, LLC. Notary Public Page 618 of 619 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 constructedfor the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than Four Million and 00/ 100 Dollars ($4,000,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Date Assessor for Black I--Iawk County, Iowa STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on by T.J. Koenigsfeld, Assessor for Black I-Iawk County, Iowa. Notary Public Page 619 of 619