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Council Packet - 12/1/2025
CITY OF �4iLTERLOO IOWA THECITY COUNCIL OF WATERLOO, IOWA REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, December 1, 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 736 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, Steve Simon, At -Large Council Member. Approval of Agenda as proposed or amended. Approval of Minutes of the November 17, 2025, Regular Council Session, and the November 24, 2025, Council Special 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 736 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 the National Cigar Store, 617 Sycamore Street, Waterloo, Iowa 50703, 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 by Correunta Ford, for tax exemptions on the construction of a new single-family home valued at $285,000.00, for property located at 114 Axlewood Drive and located in the Consolidated Urban Revitalization Area (CURA). 4. Resolution setting the date of public hearing as December 15, 2025, to authorize the sale and conveyance of 1.04 acres east of 2123 Commercial Street to R&M Metals Properties, LLC, in the amount of $4,678.96, and instruct the City Clerk to publish notice. 5. Resolution setting date of public hearing as December 15, 2025, to authorize the sale and conveyance of 217-221 W. 5th Street to The Battery Building, LLC, in the amount of $1.00, for the approximate $6.63 million rehabilitation of an approximately 16,700 square foot three-story building, into residential and commercial space, including approval of a Development and Minimum Assessment Agreement, and instruct the City Clerk to publish notice. 6. Resolution setting date of public hearing as December 15, 2025, for the sale and conveyance of approximately 4.22 acres of city -owned property, located east of 4050 Leversee Road, in the amount of $1.00, to RNK Investments, LLC, including a Phased Development and Minimum Assessment Agreement, for the construction of a 12,000 square foot commercial building, and a future 12,000 square foot expansion, with an approximate value of $1,500,000.00, located southeast of 180 Warp Drive, and instruct the City Clerk to publish notice. 7. Resolution setting date of public hearing as December 15, 2025, for a Site Plan Amendment by RNK Investments, LLC, for the construction of a 12,000 square foot commercial building, and a future 12,000 square foot expansion, located in the "M-2,P" Planned Industrial District located northeast of 4050 Leversee Road, and instruct the City Clerk to publish notice. 8. Resolution setting date of public hearing as December 15, 2025, for the sale and conveyance of approximately twelve acres of City -owned property in the amount of $1.00 to Wahawk Power, LLC, for the construction of an 80,000 square -foot data center, with an accessory water treatment area and substation, having a minimum assessed value of $6,000,000.00, located north of 570 West Shaulis Road, including a Development Agreement and Minimum Assessement Agreement with rebate schedule of ten -years at Page 3 of 736 fifty -percent, and instruct the City Clerk to publish notice. 9. Resolution setting the date of hearing as December 15, 2025 to approve a twenty-five year lease agreement with an option for a ten-year renewal, with 205 E 4th, LLC, to lease/manage the Park Avenue Parking Ramp, located at 310 East Park Avenue, and instruct the City Clerk to publish notice. 10. Resolution accepting storm sewer improvements at 1900 W. Ridgeway Avenue, from Casey's General Store. 11. Motion to approve Change Order No. 08 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $101,242.50, in conjunction with FY 2024 La Porte Road Improvements, Phase I Project, Contract No. 1016, DOT Contract No. STBG-SWAP- 8155(760)--SG-07, and authorizing the Mayor and City Clerk to execute said document. 12. Motion to approve Change Order No. 10 with Woodruff Construction of Waterloo, Iowa, for a total decrease of $114,745.87, in conjunction with the FY 2023 Gates Park Improvements Project, Contract No. 1076, and authorizing the Mayor to execute said document. 13. Motion to receive and place on file the 2024 Audit of the Waterloo Water Works. 14. Motion to receive and place on file the 2024 Operating Report of the Waterloo Water Works. 15. Motion to receive and file the 2026 Budget of the Waterloo Water Works and authorize the City Clerk to file said documents with Black Hawk County Auditor. 16. Motion to receive and file the 2026 Budget of Waterloo Fiber and authorize the City Clerk to file said documents with Black Hawk County Auditor. 17. Motion to approve the appointment of Barkley Hill from the current Civil Service List to the position of Equipment Operator II in the Street Department, effective December 2, 2025. 18. Motion to approve the appointment of Senada Muhic from the current Civil Service List to the position of Compliance Supervisor in the Housing Authority Department, effective December 2, 2025. 19. Motion to approve the appointment of Haris Tricic from the current Civil Service List to the position of Equipment Operator II in the Street Department, effective December 2, 2025. 20. Communication from the Leisure Services Department on the notice of the conclusion of employment of Neal Miller, Downtown Maintenance, effective November 5, 2025, with recommendation of approval of payout of $1,152.08 for unused benefits. 21. Communication from the Community Development Department on the notice of the conclusion of employment of Stacey Wright, Administrative Secretary, effective October 31, 2025, with recommendation of approval of payout of $1,729.53 for unused benefits. 22. Liquor Licenses 1850 Patio & Grill, 1850 Ridgeway Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) 10/31/2026. Page 4 of 736 Express Mart, 2027 Falls Avenue, Class E w/Sunday Sales (Renewal) 10/30/2026. Kwik Star #17, 135 East Ridgeway Avenue, Class E w/Sunday Sales (Renewal) 10/03/2026. New Star Liquor,1625 West 4th Street, Class E w/Sunday Sales (Renewal) 12/10/2026. Wine & Spirits #1, 2126 Kimball Avenue, Class E w/Sunday Sales (Renewal) 11/14/2026. 23. Bonds. PUBLIC HEARINGS 1. Cattle Congress Lift Station application for a State Revolving Fund loan. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close public hearing and receive and file oral and written comments. Resolution approving submission of an application for the Cattle Congress Lift Station State Revolving Fund Loan, and authorizing the Assistant Director/Treatment Operations Supervisor for Waste Management Services to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 2. Grand Husk Solar long-term land lease with the Waterloo Regional Airport. 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 approving a long-term ground lease of approximately 759 acres of Airport - owned property, to Grand Husk Solar, in the amount of $50.00 per acre upon signing, $50.00 per acre per year through the development term, $350.00 per acre per year through the construction term, and $1,400.00 per acre per year through the production term, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Steven Kjergaard, Director of Aviation 3. Request by the City of Waterloo to rezone approximately 0.33 acres from "C-1, C-Z" Conditional Zoning District to "R-2" One and Two Family Residence District located at 541 Albany Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by the City of Waterloo to rezone approximately 0.33 acres from "C-1, C-Z" Conditional Zoning District to "R-2" One and Two Family Residence District located at 541 Albany Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 4. Request by Luke and Megan Finley to rezone approximately 1.18 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District located east of Page 5 of 736 930 East Orange Road. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a request by Luke and Megan Finley to rezone approximately 1.18 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District located east of 930 East Orange Road. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 5. Sale and conveyance of approximately 6.29 acres of city -owned property, located directly north of 3470 West Airline Highway, including a Development Agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving the sale and conveyance of 6.29 acres of city -owned property, located directly north of 3470 West Airline Highway, to International Paper Company, in the amount of $1.00 and authorizing the Mayor and City Clerk to execute said documents. Resolution approving an Amendment to the Development Agreement with International Paper Company, to sell 6.29 acres of city -owned property, located directly north of 3470 West Airline Highway, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director RESOLUTIONS 1. Resolution adopting a policy on the prohibition of the use of excessive force. Submitted by: Rudy Jones, Community Development Director 2. Resolution approving the suspension of Civil Service hiring practices for entrance level positions as authorized by Iowa Code section 400.12A for the time period of January 7, 2026 through January 6, 2027. Submitted by: Lance Dunn, Human Resources Director 3. Resolution approving Supplemental Agreement No. 2 with AECOM, Inc., in the amount of $1,364,500.00, in conjunction with the FY 2026 La Porte Road Improvements, Phase II, Contract No. 1128, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Jamie Knutson, City Engineer 4. Resolution approving Supplemental Agreement No. 2, to a Professional Services Agreement with Foth Infrastructure and Environment, LLC, originally executed March 17, 2025, in an amount not to exceed $81,000.00, in conjunction with the FY 2026 Katoski Drive and Huntington Road Reconstruction, Contract No. 1123, and authorizing the Mayor to execute said document. Page 6 of 736 Submitted by: Jamie Knutson, City Engineer 5. Resolution approving an Agreement for the Iowa Clean Air Attainment Program funding grant with the Iowa Department of Transportation, in the amount of $700,000.00 in conjunction with the construction of a roundabout at Hammond Avenue and Ridgeway Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 6. Resolution approving an Agreement for the Carbon Reduction Program funding grant with the Iowa Department of Transportation, in the amount of $1,332,000.00, in conjunction with the construction of a roundabout at Hammond Avenue and Ridgeway Avenue, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 7. Resolution approving an Agreement with EN Engineering, LLC of Lisle, IL, in the amount of $1,295,460, in conjunction with the Waterloo Fiber Project, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Randy Bennett, Public Works Division Manager 8. Resolution approving a Temporary Easement Agreement in the amount of $197.00 with Chatha Properties, LLC, located at 1008 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. Submitted by: Noel Anderson, Community Planning and Development Director 9. Resolution Resolution accepting and approving an Acquisition Contract and approving a Deed to sell real property to the City of Waterloo for a partial right-of-way acquisition, in the amount of $4,256.00, a Temporary Easement Agreement in the amount of $4,244.00, a total compensation amount of $8,500.00, with Steelsmith Properties, LLC, located at 1911 East Mitchell Avenue and 820 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 10. Resolution approving an Amendment to the Development Agreement with Dhani RE Investments, LLC, originally approved on July 7, 2025, regarding property located at 512 North Barclay, to change the purchase price of the property from $15,000.00 to $5,000.00, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 11. Resolution approving a Development Agreement with New Era Rentals, LLC, for the rehabilitation of the home at 1303 W. 4th Street located in the Church Row Neighborhood, including a 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 Page 7 of 736 12. Resolution accepting and approving an Acquisition Contract and approving a Deed to Convey Real Property to the City of Waterloo, for a Partial Right -of -Way Acquisition dContract in the amount of $1,308.00; a Permanent Easement Agreement in the amount of $5,799.00, and a Temporary Easement Agreement in the amount of $786.00, for a total compensation amount of $7,893.00, with Metro Investments Waterloo, LLC, for the property located at 1326 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 13. Resolution approving a Temporary Easement Agreement in the amount of $715.00 with Metro Investments Waterloo, LLC, located at 1329 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. Submitted by: Noel Anderson, Community Planning and Development Director 14. Resolution accepting and approving an Acquisition Contract and approving a Deed to convey real property to the City of Waterloo for a partial right-of-way acquisition in the amount of $3,315.00; a Permanent Easement Agreement in the amount of $12,282.00; and a Temporary Easement Agreement in the amount of $465.00; removal of pavement in the amount of $9,626.00, for a total compensation amount of $25,688.00, with Metro Investments Waterloo, LLC, for the property located at 1328 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 15. Resolution approving a right -of -entry agreement with RNK Investments, LLC, to enter onto city -owned property to begin construction of a 12,000 square foot commercial building, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director 16. Resolution approving an Amendment to the Development Agreement and Minimum Assessment Agreement in the amount of $4,500,000.00 with Baltimore Fields, LLC, for a new residential subdivision located between Hawthorne Avenue and Eureka Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning and Development Director ORDINANCES 1. Baltimore Fields Urban Renewal Plan. Motion to receive, file and consider and pass for the third time an ordinance providing that the general property taxes levied and collected each year on all property located within the described Baltimore Fields Urban Renewal Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection Page 8 of 736 with said Urban Renewal Project. Motion to adopt the ordinance. Submitted by: Noel Anderson, Community Planning and Development Director 2. An ordinance amending the City of Waterloo Code of Ordinances Subsection 6(A)(2), Disposal of Yard Waste, of Chapter 3, Sollid Waste Collection and Disposal, Title 4, Public Health and Safety. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances Subsection 6(A)(2), Disposal of Yard Waste, of Chapter 3, Sollid Waste Collection and Disposal, Title 4, Public Health and Safety. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Randy Bennett, Public Works Division Manager 3. Amended and Restated South Waterloo Unified Urban Renewal and Redevelopment Plan. Motion to consider and pass for the second time an ordinance providing that the general property taxes levied and collected each year on all property located within the newly described Amended and Restated South Waterloo Unified Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. Motion to suspend the rules. Motion to consider and pass the ordinance for the third time and adopt said ordinance. Submitted by: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 9 of 736 November 17, 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, November 17, 2025. Roll Call. Mayor Quentin Hart in the Chair. Roll Call: Mr. Boesen, Mr. Nichols, Ms. Creighton -Smith, Mr. Chiles, Mr. Simon, Ms. Wilder. Mr. Feuss was absent. Prayer or Moment of Silence. Pledge of Allegiance, John Chiles, Ward 1 Council Member. Approval of Agenda as proposed or amended. Nichols/Wilder that the agenda as amended, by adding "located at 541 Albany Street" to Consent Agenda Item 15, removing Consent Agenda Items 33-37 to be considered separately, and removing Items 10 and 11 under Resolutions, be approved. Voice vote -Ayes: Six. Motion carried Approval of Minutes of the November 3, 2025, Regular Council Session as proposed or amended. Nichols/Wilder that the minutes of the November 3, 2025, Regular Council Session, as proposed be approved. Voice vote -Ayes: Six. Motion carried. PUBLIC COMMENTS The following individuals commented on various subjects. Mary Potter, Grout Museum Trustee; Aaron Stacey Roberts, 411 Almond; David Dreyer, 3145 W. 4th Street; Forest Dillavou, 1725 Huntington Road; David Deeds, Waterloo Airport Board and 922 Mulberry; George Meeks, 609 E. Donald Street; LaTonya Graves, 607 E. Donald Street. Mr. Chiles announced that he will not be hosting a ward meeting this month and next month due to travel for the holidays and thanked all those that have attended this year. He further thanked Noel Anderson and his staff for their work and announced that the building on Upland had started to come down, and he was excited to see the progress. Mr. Boesen requested an update on the old Courier building and the city hall remodel. Noel Anderson, Community Planning and Development Director, provided an update on both projects. Mr. Boesen commented on remarks made about racial rhetoric and encouraged everyone to Page 1 of 10 Page 10 of 736 come together and move forward. Ms. Creighton -Smith shared that when comments are made and no one says anything about them, that is complicit and would themselves be a racist. Ms. Wilder thanked Mr. Meeks for keeping us accountable and said that she always challenges racist remarks on social media that she sees. Mr. Simon also thanked Mr. Meeks for his comments. He shared that he disagrees that someone should be labeled a racist and judged if they fail to denounce others' racist comments. Nichols/Creighton-Smith to close public comments. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA Nichols/Boesen that the following items on the consent agenda be received and placed on file, including the payment of bills for October 10, 2025, in the amount of $2,974,705.49, and November 17, 2025, in the amount of $4,294,126.48, be received and placed on file. Roll Call vote -Ayes: Six. Motion carried. Mr. Boesen requested that Items 33 through 37 be considered separately. 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. 2025-648. Resolution approving award of hotel/motel tax council discretionary funds to the Waterloo Police Department in the amount of $45,000.00. Resolution adopted and upon approval by Mayor assigned No. 2025-649. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2025 Crossroads Waterloo Tax Increment District, and place the certification on file. Resolution adopted and upon approval by Mayor assigned No. 2025-650 Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2025 Downtown Waterloo Tax Increment District, and place the certification on file. Resolution adopted and upon approval by Mayor assigned No. 2025-651. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2025 Northeast Industrial Park Waterloo Tax Increment District, and place the certification on file. Resolution adopted and upon approval by Mayor assigned No. 2025-652. Resolution approving certification to the Black Hawk County Auditor for expenditures that Page 2 of 10 Page 11 of 736 qualify for reimbursement in the FY 2025 Martin Road Waterloo Tax Increment District, and place the certification on file. Resolution adopted and upon approval by Mayor assigned No. 2025-653. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2025 San Marnan Waterloo Tax Increment District, and place the certification on file. Resolution adopted and upon approval by Mayor assigned No. 2025-654. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2025 Rath Waterloo Tax Increment District, and place the certification on file. Resolution adopted and upon approval by Mayor assigned No. 2025-655. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2025 East Unified Waterloo Tax Increment District, and place the certification on file. Resolution adopted and upon approval by Mayor assigned No. 2025-656. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2025 Schoitz Waterloo Tax Increment District, and place the certification on file. Resolution adopted and upon approval by Mayor assigned No. 2025-657. Resolution approving certification to the Black Hawk County Auditor for expenditures that qualify for reimbursement in the FY 2025 University Avenue Waterloo Tax Increment District, and place the certification on file. Resolution adopted and upon approval by Mayor assigned No. 2025-658. Resolution approving the City of Waterloo Annual Financial Report for the Fiscal Year ended June 30, 2025, authorizing publication of the report, submission to the State of Iowa, and execution of the document by the Mayor and Finance Director. Resolution adopted and upon approval by Mayor assigned No. 2025-659. Resolution approving the Annual Financial Report for City Streets, for the fiscal year ended June 30, 2025, and authorizing transmittal to the Iowa Department of Transportation. Resolution adopted and upon approval by Mayor assigned No. 2025-660. Resolution approving electronic submission of the Tax Increment Finance (TIF) reports to the State of Iowa for Fiscal Year 2025. Resolution adopted and upon approval by Mayor assigned No. 2025-661. Resolution setting date of public hearing as December 1, 2025, to approve a request by the City of Waterloo to rezone approximately 0.33 acres from "C-1, C-Z" Conditional Zoning District to "R-2" One and Two Family Residence District, and instruct the City Clerk to publish notice. Page 3 of 10 Page 12 of 736 Resolution adopted and upon approval by Mayor assigned No. 2025-662. Resolution setting date of public hearing as December 1, 2025, to approve a request by Luke and Megan Finley to rezone approximately 1.18 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District located east of 930 East Orange Road, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2025-663. Resolution setting the date of public hearing as December 1, 2025, for an amendment to the development agreement with International Paper Company, for the sale and conveyance of approximately 6.29 acres of city -owned property, and instructing the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2025-664. Resolution approving eleven (11) FY 2026 Quarter 3 and Quarter 4 Mini -event grants, in the amount of $108,500.00, as recommended by the Waterloo Convention and Visitors Bureau Board of Directors. Resolution adopted and upon approval by Mayor assigned No. 2025-665. Motion to approve Change Order No. 3 with Peters Construction Corporation, of Waterloo, Iowa, for a net decrease of $14,314.83, in conjunction with Terminal Parking Canopy Structure, Contract No. ICAIF No. 91220AL0400, and authorizing the Mayor and City Clerk to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2025- Resolution approving Pay Application No. 7 in the amount of $1,494.40, and approving the Completion of Project and Recommendation of Acceptance of Work for work performed by Peters Construction Corporation of Waterloo, Iowa, in conjunction with the Waterloo Public Market Renovation Project. Resolution adopted and upon approval by Mayor assigned No. 2025-666. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Peters Construction Corporation of Waterloo, lowa,in the amount of $2,400,472.06, in conjunction with the Terminal Parking Canopy Structure Project, Contract No. ICAIF No. 91220AL0400. Resolution adopted and upon approval by Mayor assigned No. 2025-667. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Don Gardner Construction of Waterloo, Iowa, in the amount of $24,785.00, in conjunction with the Waterloo Convention Center Skywalk Remodel Project. Resolution adopted and upon approval by Mayor assigned No. 2025-668. Motion to approve Change Order No. 1 with Midstate Solution, of Baxter, Iowa, for a net increase of $101,249.58, in conjunction with FY 2026 Sidewalk Infill, Ramp and Trail Repair Program - Zone 5A, Contract No. 1131, and authorizing the Mayor and City Clerk to execute said document. Page 4 of 10 Page 13 of 736 Motion to approve Change Order No. 2 with Owen Contracting, Inc., of Cedar Falls, Iowa, for a net increase of $6,820.00, in conjunction with Reconstruct Taxiway A West, Contract No. FAA AIP 3-19-0094-056-2023 BIL, and authorizing the Mayor and City Clerk to execute said document. Motion to approve Change Order No. 34 with ITG Communications, LLC, of Hendersonville, Tennessee, for a net increase of $59,616.22, 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. Motion to approve Change Order No. 35 with ITG Communications, LLC, of Hendersonville, Tennessee, for a net increase of $86,412.80, 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. Motion to approve Change Order No. 36 with ITG Communications, LLC, of Hendersonville, Tennessee, for a net increase of $116,809.75, 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. Motion to approve Change Order No. 37 with ITG Communications, LLC, of Hendersonville, Tennessee, for a net increase of $28,379.01, 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. Motion to approve the appointment of Tristan Aldous from the current Civil Service List to the position of Clerk II in the Waste Managerment Services, effective after November 17, 2025. Jessica Rucker, Board/Commission: Design Review Board, Expiration Date: August 5, 2028, frenewall. Colleen Weliver, Board/Commission: Historic Preservation Commission, Expiration Date: October 3, 2028, [Renewal]. Communication from the Sanitation Department on the notice of the conclusion of employment Page 5 of 10 Page 14 of 736 of Collin Weber, Solid Waste Technician, effective October 6, 2025 with recommendation of approval of payout of $2,181.15 for unused benefits. Motion to receive and file Board of Adjustment minutes for April, May, June, July, August, and September 2025. Mr. Boesen commented that the minutes from the boards and commissions should be submitted to the agenda in a much more timely manner. Aric Schroeder, City Planner, commented that the department was working on training for the new staff member and fell behind on minutes. Mr. Simon questioned if the minutes could be attached to the agenda item those minutes pertain to. Mayor Hart provided clarification on minutes approval. Motion to receive and file Complete Streets Committee minutes of March, April, June, August, and September 2025. Motion to receive and file Highway 218 Review and Design Commission minutes of May and August 2025. Motion to receive and file Historic Preservation Commission minutes of April, May, June, July, August, and September 2025. Motion to receive and file Planning, Programming, and Zoning Commission minutes of February, April, May, June, July, August, and September. Liquor Licenses Aldi #33, 1918 Schukei Road, Class B w/Sunday Sales (Renewal) 11/20/2026. Starbeck Smokehouse, 250 Westfield Avenue, Class C w/Outdoor Service and Sunday Sales (New) 11/14/2026. Bonds. Resolution approving award of hotel/motel tax council discretionary funds to the North East Iowa Food Bank Inc in the amount of $25,000.00. Resolution adopted and upon approval by Mayor assigned No. 2025-669. Page 6 of 10 Page 15 of 736 Boesen/Nichols to receive and file various board minutes listed in items 33-37. Roll call vote -Ayes: Six. Motion carried. Mr. Boesen commented that he had brought up in the past that minutes needed to be presented more timely, and council should not be receiving six months worth of minutes at one time, particularly with Planning and Zoning, as many of those items are brought before council and the discussion items are in the minutes. Aric Schroeder, City Planner, apologized for submitting multiple months of minutes on the agenda and explained that due to staffing and training, the submissions were delayed. Mr. Simon questioned if the minutes could be attached to the agenda item those minutes pertain to. Mayor Hart provided clarification on the approval process and emphasized the importance of a timely submission of the Planning and Zoning minutes in particular. RESOLUTIONS Resolution approving an American Rescue Plan Act Sub -recipient Agreement with Iowa Heartland Habitat for Humanity in the amount of $500,000.00. Nichols/Boesen Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-670. Resolution approving First Amendment to the 2023-2025 Residential/Miscellaneous Areas Snow Removal Contract for city -owned lots generally acquired through Iowa Code 657A, changing the term of the Contract from April 19, 2025 to April 18, 2026. Nichols/Boesen Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-671. Resolution approving a Permanent Easement Agreement in the amount of $7,351.00, with T and S Properties Management II, LLC, located at 1409 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. Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-672. Resolution approving and accepting an Acquisition Contract and approving a Deed to sell real property to the City of Waterloo for a partial right-of-way acquisition, and Permanent and Temporary Easements Agreements with C and M Enterprises, Inc., in the amount of $5,132.00, located at 1620 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. Page 7 of 10 Page 16 of 736 Simon/Creighton-Smith Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-673 Resolution approving a Temporary Easement Agreement in the amount of $2,000.00 with Halloran Properties, LLC, located at 1950 Plymouth Avenue, in conjunction with the La Porte Road Phase II Reconstruction Project, and authorizing the Mayor and City Clerk to execute said document. Simon/Creighton-Smith Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-674. Resolution extending a moratorium on the issuance of new tobacco permits in the City of Waterloo, Black Hawk County, Iowa until May 5, 2026. Boesen/Creighton-Smith Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-675. Resolution extending a moratorium on the issuance of a special permit or variance for hobby farms in the City of Waterloo, Black Hawk County, Iowa until May 5, 2026. Boesen/Creighton-Smith Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-676. Resolution approving a School Resource Officer Agreement with the Cedar Valley Catholic Schools (Waterloo area only) to provide one School Resource Officer in the schools for FY 26- 29, in the amount of $357,320.00, including funding for officer training, and authorizing the Mayor to execute said document. Creighton-Smith/Wilder Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-677. Resolution approving request by the Waterloo Regional Airport to release 89.16 acres of Airport property known as Parcel F, for the amount of $2,675,000.00, to the City of Waterloo, Iowa for continued development, and authorizing the Mayor and City Clerk to execute all formal land release documents as required, and submit said documents to the Federal Aviation Administration. Creighton-Smith/Wilder Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-678. David Dreyer, 3145 W. 4th Street, questioned if this land is located too close to the airport for safety purposes. Steven Kjergaard, Director of Aviation, provided an overview of the item. Resolution approving a Professional Services Agreement with WHA Inc., of Cedar Rapids, Page 8 of 10 Page 17 of 736 Iowa, in the amount of $44,902.80, in conjunction with the Ansborough Avenue CMAQ, Traffic Signal Fiber Optic Installation from Downing Avenue south 2.7 miles to Fischer Drive, and authorizing the Mayor to execute said document. This item was removed by amendment. Resolution approving a Professional Services Agreement with WHA Inc., of Cedar Rapids, Iowa, in the amount of $44,902.80, in conjunction with the Broadway Street CMAQ Traffic Signals, Fiber Optic Installation, Broadway Street, US 63 north 4.2 miles to US Hwy. 218, and authorizing the Mayor to execute said document. This item was removed by amendment. Resolution approving an Professional Services Agreement with Strand Associates, to provide proposal preparation, bidding -related services, and if -authorized services for the Anaerobic Lagoon Biogas Upgrading project at the Waste Management Anaerobic Lagoon, in an amount not to exceed $50,000.00, and authorizing the Mayor to execute said document. Nichols/Creighton-Smith Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-679. Resolution approving Addendum No. 10, in the amount of $1,502.50, with EN Communications, 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 to execute said document. Nichols/Creighton-Smith Roll Call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2025-680. ORDINANCES Amended and Restated South Waterloo Unified Urban Renewal and Redevelopment Plan. Boesen/N ichols to consider and pass for the second time an ordinance providing that the general property taxes levied and collected each year on all property located within the newly described Amended and Restated South Waterloo Unified Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. Roll Call vote -Ayes: Three. Nays: Three (Boesen, Chiles and Simon). Motion failed. Baltimore Fields Urban Renewal Plan. Boesen/Wilder to consider and pass for the second time an ordinance providing that the general property taxes levied and collected each year on all property located within the described Baltimore Fields Page 9 of 10 Page 18 of 736 Urban Renewal Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. Roll Call vote - Ayes: Six. Motion carried. Kevin Fittro, Panther Builder, commented that it is disappointing to see Item 1 fail, and asked if this item could be tabled until a full council is available to vote. Noel Anderson, Community Planning and Development Director, explained that a development agreement was previously approved stating that we would adopt an urban renewal plan, and further explained that with the start of construction work, we would be subject to legal action because we would be in breach of our agreement if we fail to adopt an urban renewal plan. Nichols/Wilder to table the item until the next council meeting. Roll call vote -Ayes: Three. Nays: Three (Boesen, Chiles and Simon). Motion carried. Mr. Boesen shared that the agreement did not state that it was contingent that the TIF had to be passed in order for the development agreement to move forward, and he is not in support of tabling. ADJOURNMENT Boesen/Wilder that the council adjourn at 623 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 10 of 10 Page 19 of 736 November 24, 2025 The City Council of the City of Waterloo, Iowa, met in Special Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:00 PM, on Monday, November 24, 2025. Roll Call. Mayor Pro Tem Ray Feuss in the Chair. Roll call: Mr. Boesen, Mr. Nichols, Ms. Creighton - Smith, Mr. Simon, Ms. Wilder and Mr. Feuss. Mr. Chiles was absent. Approval of Agenda as proposed or amended. Nichols/Creighton-Smith that the agenda as proposed be approved. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA Nichols/Creighton-Smith that the items on the consent agenda be received and placed on file. Voice vote -Ayes: Six. Motion carried. Motion approving fireworks display located on the top floor of the 5th street parking ramp, at approximately 6:15 p.m. on November 29, 2025, for the Waterloo Light Up the Night, event. OTHER COUNCIL BUSINESS Motion to approve reconsidering a motion to consider and pass for the second time an ordinance providing that the general property taxes levied and collected each year on all property located within the newly described Amended and Restated South Waterloo Unified Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. Feuss/Nichols Roll Call vote -Ayes: Four. Nays: Two (Boesen and Simon). ADJOURNMENT Nichols/Creighton-Smith that the council adjourn at 5:02 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle Page 1 of 2 Page 20 of 736 City Clerk Page 2 of 2 Page 21 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Martin Petersen, City Attorney Legal Department Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation -Second Offense with the National Cigar Store, 617 Sycamore Street, Waterloo, Iowa 50703, 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 Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation -Second Offense with National Cigar Store, 617 Sycamore Street, Waterloo, Iowa 50703, and acceptance of a civil penalty in the amount of $1,500.00, and authorizing the Mayor and City Clerk to execute said document. SUMMARY STATEMENT AND BACKGROUND INFORMATION The first violation was back on January 28, 2024. The second violation was on April 7, 2025. Therefore, this is a second violation as it occurred within a two year period. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 22 of 736 LEGAL DESCRIPTION ATTACHMENTS 1. National Cigar Store-617 Sycamore Street-2nd Violation Page 23 of 736 BEFORE THE WATERLOO CITY COUNCIL IN RE: NATIONAL CIGAR STORE ORDER ACCEPTING 617 SYCAMORE STREET ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50703 AGREEMENT -SECOND VIOLATION On this day of December, 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: X a civil penalty in the amount of One Thousand Five Hundred Dollars ($1,500.00) be assessed against the above -captioned permittee to be paid within sixty (60) days of the date of this Order. If permittee does not pay the civil penalty within sixty (60) days, then a thirty (30) day cigarette permit suspension be executed against the above - captioned permittee effective the 61st 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 24 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department AGENDA ITEM TITLE MEETING DATE December 1, 2025 Resolution approving the request by Correunta Ford, for tax exemptions on the construction of a new single-family home valued at $285,000.00, for property located at 114 Axlewood Drive 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 ALTERNATIVE ACTION LEGAL DESCRIPTION Edison Addition Lot 19 Page 25 of 736 ATTACHMENTS 1. 114 Axlewood Dr CURA Form 2. 114 Axlewood Dr CURA Map Page 26 of 736 For Office Use Only of WArF '� Qc ci1r:� .o 0 Date Received: 1 UIP/2;0Z5.5. 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 Ieast 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 prior to the 15S working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. 4. Commercial properties must have a development agreement with the City that includes a minimum assessment agreement. Please Note that the City of Waterloo will never ask you to wire transfer money. Please fill out the following information for your application to be submitted to the City Council. NAME: rf.P(/!]'B* Fg,rc, ADDRESS: 1 [ AKI ewa,. P r TELEPHONE: 3 i Q S 0 i— S cl i A. What is the Address of the property being improved? SIGNATURE: (ni'Pre t M d EMAIL: DATE: rl l 2 / 25 j I AklSaoe Dr What is the Legal Description of the property? (May be available at County Recorder's Office on 2' floor of the Courthouse)? 6 i:di'50,n add; f,',on /6+ iq B. Indicate desired exemption schedule: (1 or 2) 1. V 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. Seventh Year 30% h. Eighth Year 30% i. Ninth Year 20% j. Tenth Year 20% 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 of the im roveent(s)? vow 6L,.118 S.'n9/10 T�'r✓�, !� D. If this is not a single-family dwelling unit, which you own and reside in, will these improvements create a displacement of your tenants? Yes No E. What was the cost of the improvement? 2 $ C, Op F. Estimated or actual date of completion of these improvements? 1� /g/zO29 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: W,4octs 3`f Date permit was issued: G. /l 4/2 Z } Total permit(s) valuation: jqAl2.1 CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 27 of 736 Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, OpenStreetf/lap contributors, and the GIS User Community, Sources: Esri, axar, AirbusD llllFF11 S, USGS, NGA, NASA, CGIAR, N Robinson, NCEA , NLS, OS, N A, 04590 180 270 Feet Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and t user comr Pogo 98 of /j6 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 December 1, 2025 AGENDA ITEM TITLE Resolution setting the date of public hearing as December 15, 2025, to authorize the sale and conveyance of 1.04 acres east of 2123 Commercial Street to R&M Metals Properties, LLC, in the amount of $4,678.96, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo is proposing to sell 1.04 acres to R&M Metals east of 2123 Commercial Street for $4,678.96. R&M Metals uses the site in question for their business at 2123 Commercial Street and there is no need for the City to hold ownership of this land. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Legal Description: A parcel of land situated in part of Government Lot 8, in Section 25, Township 89 North, Range 13 Page 29 of 736 West of the 5th Principal Meridian, City of Waterloo, County of Black Hawk, State of Iowa, described as follows. Beginning at the southeast corner of South Waterloo an official plat in said City of Waterloo, said southeast corner is on the present north right of way line of Commercial Street; thence north 01 ° 52' 17' West on the East line of said South Waterloo, 435.00 feet; thence south 27° 18' 56' East, 484.11 feet to the easterly prolongation of the present north right of way line of Commercial Street; thence south 88° 43' 20' west on the easterly prolongation of the present north right of way line of Commercial Street, 208.00 feet to the point of beginning. ATTACHMENTS 1. Parcel H Gov Lot 8 25-89-13 2013-15559 2. E of 2123 Commercial Aerial Page 30 of 736 LC) LC) O W ri wCT,,//�� oo C AS CC •+3U� - N C6 >} ' 4- X v f v CF o O 010 3 CC �1h `...00QCV). O>.4 -UU 0WO1,.. U > di.x E ••TO SD4-,x Q 73 E 2 i O.H 07 mti 7 —i — ❑XCC Li- ma'3 LA_ W v iazzom O O SW CDR, GOVERNMENT LOT 8 - SEC.25-B9-13W VACATED LAPORTE ROAD i6O'1 • 33.00' 160.08' PLAT OF SURVEY OF PART OF GOVERNMENT LOT B IN SECTION 25,TOWNSHIP 89 NORTH, RANGE 13 *EST OF THE 5TH P.M. ALL IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA 32 331'71f176' 216.13' MAR- RECQ✓9 2 4 6 33 44 N01.52'17'W 435.00' 34 �I D K 2 LL 36 p I z z 48 r r1 0488'43'28'F i48.67' z I I W . . ti Q z 43 45.237 S.F. 1.04 ACRES 37 38 i® COMPERCIAL STREET I60'1 1 1842.00' L7R.8B' RECORD I I v`P 2 14. AECOM J 148.58' RECORD P.O.R. /.-- S2718'S6'E 484.tt' 588'43'28N 208.00' SOUTH LINE GOVERNMENT LO7 8 - SEC.25-B9-13W i DESCRIPTION: PARCEL 'H' COUNTY PARCEL LETTER 'H' ASSIGNED BY THE BLACK HAWK COUNTY AUDITOR'S OFFICE ON JANUARY IL 2013 OWNERS: CITY OF WATERLOO, IOWA 715 MULBERRY STREET WATERLOO, BLACK HAWK COUNTY,10WA 50703 SURVEY REQUESTED BY, CITY OF WATERL00.I0WA ADDRESS OF SURVEY: EAST OF 2123 COMMERCIAL STREET WATERLOO. BLACK HAWK COUNTY,IOWA 50702 OATE OF SURVEY:JANUARY 9.2013 A PARCEL OF LAND SITUATED IN PART OF GOVERNMENT LOT 8,]N SECTION 25. TOWNSHIP 89 NORTH. RANGE 13 WEST or THE 5TH PRINCIPAL MERIDIAN,CITY OF WATERLOO. COUNTY OF BLACK HAWK. STATE OF IOWA. DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEAST CORNER CIF SOUTH WATERLOO AN OFFICIAL PLAT IN SAID CITY OF WATERLDO.SAID SOUTHEAST CORNER IS ON THE PRESENT NORTH RIGHT-OF-WAY LINE OF COPa7ERC1AL STREET; THENCE NORTH 80l'52'17•WE57 ON THE EAST LINE OF SAID SOUTH WATERLOO.A35.00 FEET: THENCE SOUTH 27-18'56' EAST.4B4.1i FEET TO THE EASTERLY PROLONGATION OF THE PRESENT NORTH RIGHT- OF-WAY LINE OF COMMERCIAL STREET: THENCE SOUTH 88'43'20'WEST ON THE EASTERLY PROLONGATION OF THE PRESENT NORTH RIGHT-OF-WAY LINE OF COMMERCIAL STREET. 208.00 FEET TO THE POINT OF BEGINNING. CCATAINING 45.237 SQUARE FEET DR I.04 ACRES. Q = FOUND PROPERTY PIN A rowel 2' PIPE BA' WEST OF CORNER B OO rare I/O REBA<t/YELLOW PLASTIC CAP N0. 8633 ©O© FOIID 1/2-REBM FDIC REBM/YELLOW PLACTIC CAP CAN NOT READ NUmBER 41 . SET 24- X 1/2' REBAR/YELLOW PLASTIC CAP N0.8505 X x 8 CHAINL,NA FENCE 50 +DD TNIS PLAT OR SUBDIVISION NAS KEN REVIEWED BY THE COUNTY OF BLACK MIRK, IOWA. r--13 SIGNATURE OF COUNTY ORDINANCE ADMINISTRATOR 641E DWK I harsbp ce,tlry that this Lind Su..eyVq dMsm,ot sss Prs9.r•'d by • or uAdar •y direct per senor super. is lP, and that l a• 4 duly L ICensed Lard Sr.eyo. Wrr t Lie of Iwa. i- 3 MIDMEI R. FIG4E L lservp ,der 1505 M, Ilse.. re.v.41 act , Dec.4r 71.ZD14 Pages os sheets Cowr.d b, this seal: Tiii -rare Class ,•319.232.5131 nluiL00, IOWA 501 S(CaMORE SIRE MiCHAFI P.IA GE DATE SIGNED:I/I3/2DI3 SHEET I OF I Page 31 of 736 0. Z l[) 7 CD Q. i W 0 J Lo 4+ O CC �• AI +5 O 0 s"s tli I-. cr .. O cx +M1 N ?}Q �.1 vacs � O CJ 0 = L OCD 0 >--• • Oo 0LLI0r- > b9YE� LC .- Alec Or a 1/7E 2C44 er -- L ecY H CU@R0 ,y OX CC Li. CC"3 MAP FILED IN MAP DRAWER 18 PLAT OF SURVEY OF PART OF GOVERNMENT LOT 8 N SECTION 25, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M. ALL IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA 35 34 SW CDR. GOVERNMENT LOT 8 - SEC.25-89-13W AECOM VACATED LAPORTE ROAD 168'I 33.00' —' 160.00' B 33 7 6 i48 32 : 45 33 1. F A4 N01'5217'W, 435.00' F CD ia 34-ci I m 1.1 CC Id i cc 36a 41 1or U 5 S01.52.17 8 216.13' 2I84I0' RECORD 2 43 45,237 S.F. 1.04 ACRES rS2T18'56'E 484.11' COMMERCIAL STREET (601 PA.B. SSW 43'20'N 208.00' K K li K K 11 K N Kre— s.� 179.68' RECORD 415' Qo 7. �Q 2 J SOUTH LINE GOVERNMENT LOT 8 - SEC. 25-69-13w 0 50 100 DESCRIPTION: PARCEL 'MI' COUNTY PARCEL LETTER '1' ASSIGNED BY THE BLACK HANK COUNTY AUDITOR'S OFFICE ON JANUARY II. 2613 OWNERS: CITY OF WATERLOO, IOWA 715 MULBERRY STREET WATERLOO,OLACK HAWK COUNTY,IOwA SO703 SURVEY REOUESTED BY. CITY OF WATERLOO. 1DWA ADDRESS OF SURVEY: EAST OF 2123 COMMERCIAL STREET WATERLOO. BLACK HAWK COUNTY. IOWA 50782 DATE OF SURVEY: JANUARY A,2013 A PARCEL OF LAND SITUATED IN PART OF GOVERNMENT LOT 8, IN SECTION 25. TOWNSHIP 89 NORTH. RANGE 13 WEST OF THE 5TH PRINCIPAL NERIOIAN, CITY OF WATERLOO, COUNTY OF BLACK HAWK. STATE OF IOWA,OESCRIBEO AS FOLLOWS. BEGINNING AT THE SOUTHEAST CORNER OF SOUTH WATERLOO AN OFFICIAL PLAT IN SAID CITY OF WATERLOO. SAIO SOUTHEAST CORNER IS ON THE PRESENT NORTH RIGHT-OF-WAY LINE OF COMMERCIAL STREET; THENCE NORTH 01'52'17' WEST ON THE EAST LINE OF SAID SOUTH NATERL0Q.435.00 FEET; THENCE SOUTH 27.18'56' EAST. 484.11 FEET TO THE EASTERLY PROLONGATION OF THE PRESENT NORTH RIGHT - OF -NAY LINE OF COMMERCIAL STREET: THENCE SOUTH 88'43'20'WEST ON THE EASTERLY PROLONGATION OF THE PRESENT NORTH RICHT-OF-WAY LINE OF COMMERCIAL STREET.208.00 FEET TO THE POINT OF BEGINNING. CONTAINING 45.237 SQUARE FEET OR 1.04 ACRES. Q = FOUND PROPERTY PIN a FDUNO 2' PIPE SAS* WEST OF CURLIER � B OO 0FO1Kq 1/7 REBAR/YELLOV PLASTIC CAP N0.8033 lJFO© FOuN3 1/2 REBAR FOUND REBAR/YELLO8 PLACT IC CAP CAN NOT READ N111.6ER • = SET 24'5 It2 REBAR/YELLOW PLASTIC CAP N0.8505 8 K K CHAIN_INK FENCE THIS PLAT OR SUBOI V1510N NA5 BEEN REVIEWED BY THE COUNTY OF BLACK SANK, IDNA. SIGNATURE OF COUNTY ORDINANCE ADMINISTRATOR DATE MICHAEL R. FiGLE Date L1cta+se number t505 My I moose rsre.at dap Is Deceber 31.2014 Papal or sheet. covered by le Iv sail: I hereby :eft ay that th is Lax $V•Rymit locust pas prepared by me or under ley II WW1 Per,0n 1 riber.lw ten awl chat Ira duly _learned Lad Surveyor er Duelelvev4ste /- / 3-2013 THIS SHEET ti AK - DATE SIGNED:J/13/2013 SHEET I OF I Page 32 of 736 2123 Commercial Street —COMMERCIAL-ST COMMERCIAL ST Property being sold Note: Base map data source is Black Hawk County. This map does not represent a survey. no liability Is assumed for the actuary of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor, 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, etc. located at the Black Hawk County Assessor's Office for complete and actuate information. 0 60 120 180 ■ Feet Sale of Property adjacent to 2123 Commercial Street Dino ZZ of 7ZR 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 December 1, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as December 15, 2025, to authorize the sale and conveyance of 217-221 W. 5th Street to The Battery Building, LLC, in the amount of $1.00, for the approximate $6.63 million rehabilitation of an approximately 16,700 square foot three-story building, into residential and commercial space, including approval of a Development and Minimum Assessment Agreement, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo received a proposal back from the Battery Building, LLC after sending out a request for proposal in August 2025. The Battery Building LLC is proposing to redevelop the building into 19 residential units and a cafe and coworking/event space. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION The Northeasterly 60 feet of Lots 6 and 7 and the Northeasterly 60 feet of the Northwesterly 40 feet of Page 34 of 736 Lot 8, Block 9, Original Plat on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. Parcel No. 8913-26-278-012 ATTACHMENTS 1. AstroCommons 221 W 5th Proposal Page 35 of 736 ■ • w r 1 M r 1 1 1 M Central Battery Building Redevelopment Proposal 221 West 5th Street, Waterloo, IA iO 2025 Astra Commons LLC. All Rights Reserved. Photo copyrights of respective owners Page 37 of 736 AstrciCommons September 22, 2025 City of Waterloo Planning Department Attn: L,exi Schneider 715 Mulberry Street Waterloo, IA 50703 Re: Proposal Submission - 221 West 3tlt Street (Central Battery Building) Dear Ms. Schneider and Members oftho Selection Committee, On behalf of Astra Commons and its Partners, I am pleased to submit this proposal for the redevelopment of the property at 221 West 5th Street, Waterloo, lA - formerly known as the Central Battery Building. We view this project as an opportunity to preserve and reima&ne a key downtown property while advancing Waterloo's goals of revitalization, fax base expansion, and community vitality. Our proposal addresses each of the requirements outlined in the Request for Proposals issued July 18, 2025, We have provided: • A project description and use plant that brings new economic activity and housing opportunities into downtown, while respecting the architectural character of the building. • A feasible timeline for design, construction, and occupancy that demonstrates our readiness to proceed. • A financing strategy supported by our development team and financial partners, with evidence of capacity to complete the project in a timely mannea. • A qualified project team, experienced in adaptive reuse, community engagement, and downtown development. The team brings together a strategic combination of experience and ideas from multiple markets and extensive local knowledge to produce an approach that is both unique and rooted in site context. • Consideration of incentives and economic impact, illustrating how this investment will strengthen Waterloo's downtown commercial tax base, create new jobs, and support long-term revitalization. We are excited about working with City staff and the Waterloo City Council to finalize a Development Agreement that reflects a shared vision for this property. We are confident our proposal will demonstrate both the financial feasibility and community value the City is seeking. Thank you for the opportunity to submit this proposal. We look forward to further discussions and to the possibility of contributing to the ongoing success of Downtown Waterloo. Sincerely, tiyvveb,r-tvil, Moblla Khan Principal Astra Coin 'lions J Page 38 of 736 BATT MO FOR PARTS STAKIARO n•TTERY & EIF CTRIC CO A 011 %111.11WiO1 411144 (114141£RCI.S! P11OIDS "9T R'11 i! ge39of736 CONTENTS 1. EXECUTIVE SUMMARY 1 2. PROJECT PLAN 3 CONCEPT 4 DESIGN 5 PROPOSED BUILDING PLANS 6 MATERIALS USED AND DESIGN APPROACH 8 SITE CONTEXT 9 PARKING AND TRAFFIC FLOW 10 3. PROJECT IMPACT 11 4. DEVELOPMENT AND FINANCING STRATEGY 12 PROJECT TIMELINE AND MILESTONES 13 ' WHY THIS MA fERS TO THE CITY 14 FINANCIAL CAPACITY 15 5. PROJECT TEAM AND STRUCTURE 17 TEAM BIO 18 RELEVANT PROJECIS 21 6. PARTNERSHIPS 25 7. PURCHASE OFFER 26 APPENDIX A: RFP COMPLIANCE MATRIX 27 ATTACHMENT A: LEITER OF IN l`F,NT — MIDNIGHT COFFEE 28 Page 40 of 736 go• THE BATTERY AT FIFTH by Astra Commons 1. EXECUTIVE SUMMARY The Battery at 5th will recharge downtown Waterloo's battery by transforming the historic Central Battery Building into a vibrant hub of housing, commerce, and community life. This $6,6 million redevelopment preserves one of Waterloo's most distinctive Arts & Crafts facades while reimagining its interior for modern use. By blending historic preservation with forward -looking design, the project will energize West 5th Street and strengthen downtown's role as the civic heart of the city. At street level, the restored ground floor will feature a cafe and coworking/event space that bring steady activity throughout the day and evening. These transparent, active storefronts signal renewal, while the alleyway behind the building will be enhanced with murals, lighting, and seating to create an inviting public amenity. Above, nineteen new residential units —ranging from studios to two - bedrooms —will broaden downtown's housing options for professionals, creatives, and empty nesters. Together, these uses create a rhythm of daily life that strengthens nearby businesses and ensures the building contributes to the vitality of its surroundings. The project's impact extends beyond its walls. By reviving an underutilized property, The Battery restores a landmark to productive use, adds new housing supply where demand is unmet, and generates lasting economic value through jobs, foot traffic, and increased tax base. Like the batteries once manufactured here, the redeveloped building will serve as a storehouse of community energy, channeling it outward into downtown's cultural, civic, and commercial life. The Battery is led by Astra Commons, an Iowa -based developer specializing in community -oriented projects that combine adaptive reuse with innovative partnerships. Working with local experts in architecture, real estate, and community development, Astra Commons brings both the technical capacity and the civic commitment to deliver a project that is financially feasible, socially impactful, and authentically rooted in Waterloo's identity. In short, The Battery is designed not only to preserve the past but to spark the future —recharging downtown Waterloo for decades to come. Page 42 of 736 ir Page 43 of 73€ THE BATTERY AT FIFTH 3 by Astra Commons I 2. PROJECT PLAN The Battery at I fifth The Battery at 5th is designed to recharge downtown Waterloo's battery — transforming the historic Central Battery Building at 221 West 5th Street into a source of new energy for the city. This 27,240 SF mixed -use redevelopment blends preservation, modern housing, and community -focused commercial space to energize West 5th Street and strengthen the downtown core. Anchored by a 4,500 SF cafe and coworking/event space, paired with 19 new residential units, the project ensures consistent activity from morning to night and across the week. The design respects the building's rare white -and -green Arts and Crafts facade while delivering 21st century systems, accessibility, and sustainability. By activating underutilized space, adding diverse housing, and expanding the tax base, The Battery shows how historic preservation can become a catalyst for forward -looking urban investment. 1. ACTIVATION WITH PRESERVATION 2. ENERGY + MOMENTUM 3. COMMUNITY ORIENTED HOUSING 4. CIVIC SPARK Page 44 of 736 THE BATTERY AT FIFTH by Astra Conwaons 14 CONCEPT The guiding idea is to treat the Central Battery Building as both symbol and engine: a project that preserves architectural heritage while recharging downtown Waterloo with new life. (Aft ACTIVATION WITH PRESERVATION The building's distinctive glazed -tile facade, fully restored, serves not only as a preserved artifact of Waterloo's industrial past but also as a stage set for new life. Transparent storefront glass and well -lit interiors transform the ground floor into an open invitation —showing that this is no longer a dormant structure but a landmark pulsing with civic energy. ENERGY + MOMENTUM Daytime and evening rhythms overlap: cafe customers start mornings on West 5th Street; coworking users bring activity throughout the workday; flexible commons space extends use into evenings and weekends with talks, performances, and community events. The result is a steady circulation of people and ideas that ripple outward to neighboring blocks. COMMUNITY -ORIENTED HOUSING The upper floors combine studios, one -bedrooms, and two - bedrooms with amenities designed for sustainable living and connection among residents. This approach ensures downtown housing meets individual needs while building a broader sense of community. With both for -sale and rental pathways and a long- term goal of transitioning all units to owner -occupied —the project advances resident stability and wealth -building. Backed by fresh ideas, new investors, and deep local knowledge, our team brings both passion and innovation to this effort. Ownership diversity invites professionals, creatives, and empty nesters to become stakeholders, not just tenants, transforming the Battery into a catalyst for a resilient, people -centered downtown. CIVIC SPARK Like the batteries once manufactured here, the redeveloped Central Battery Building becomes a generator of civic life. Its ground -floor cafe, coworking, and flexible commons space provide a platform fox lectures, performances, workshops, and neighborhood gatherings. These daily and seasonal events extend the building's impact beyond its walls, drawing people downtown and creating new traditions on West 5th Street. By blending housing, commerce, and cultural activity, the project transforms a dormant landmark into a civic anchor where every $1 of City investment unlocks nearly $10 in outside capital, multiplying impact and fueling sustained momentum for downtown Waterloo. Page 45 of 736 THE BATTERY AT FIFTH $ by Astra Commons DESIGN The design embraces adaptive reuse as both a practical and symbolic choice. It leverages the building's inherent architectural strengths while reconfiguring spaces for contemporaay needs. Key design moves include building and site layout as described below. FIRST FLOOR SECOND FLOOR THIRD FLOOR PUBLIC REALM ENHANCEMENTS PARKING + MOBILITY STRATEGY Programmed for a cafe and coworking/event space, the ground floor emphasizes glass storefronts, high ceilings, and flexible layouts. Outdoor seating along West 5th Street and spillover into the alley provide visible activation. Configured with 10 residential units (4 studios, 6 one -bedrooms), this level offers efficient, modern living spaces ideal for singles and couples seeking downtown convenience. Features 8 units (2 studios, 5 one -bedrooms, 1 two -bedroom). Select units may be tailored as lofts for artists or creative professionals, supporting Waterloo's cultural identity and providing flexible rental opportunities. 6,100 SF existing + 3,200 SF extension buildout Residential Total: 19 units across—12,800 SF, designed to meet market demand for smaller, high -quality urban units. Commercial Total: 4,500 SF The alley will be activated with lighting, murals, and seating, transforming it into a usable public amenity. Rear parking will be improved with drainage and lighting upgrades, while bike parking will encourage multimodal access. To minimize on -site parking demand, the project will include two stalls dedicated to a shared car program exclusively for residents, each EV-ready. Resident parking will be accommodated at the nearby public ramp just one block away, reinforcing the project's walkable, urban character. To further support the retail uses, the development will request that the City deed the parking stalls in front of the building, ensuring convenient access for cafe and coworking patrons. The design emphasizes visibility and permeability ground -floor spaces are transparent and welcoming, while upper floors project warmth and life through restored windows and residential activity. This combination turns the Battery into a symbol of downtown's liveliness. Page 46 of 736 THE BATTERY AT FIFTH 16 by Astra COI/111io11S PROPOSED BUILDING PLANS INAA/17NC,.S r--t _L Iki n f`I I ,r I� Li u U 1 I, IRS' 1' LI :\' I :L C.( )NCI An' PLAN SI Ci )ND LEVEL CONCEPT PLAN Page 47 of 736 THE BATTERY AT FIFTH by Aslra Commons 'I'I-IIRD LEVEL CONCEPT P1...\N Q5. I IuI,IML lhlll , BASEMENT IJ VU.. CONCEPT PLAN Page 48 of 736 THE BATTERY AT FIFTH by Astia Commons I8 MATERIALS USED AND DESIGN APPROACH The Battery's materials strategy focuses on authenticity, durability, and alignment with the building's historic character: Facade Windows & Doors Interior Finishes Public & Commercial Areas Systems Design Philosophy The rare white -and -green glazed brick and historic trim will be carefully cleaned, repaired, and restored, ensuring the building retains its visual identity as one of Waterloo's architectural landmarks. Original wood trim will be restored where feasible, fenestrations will include new energy -efficient glazing while maintaining the historic proportions and rhythms of the facade. Residential units will feature hardwood flooring or polished concrete, exposed brick accents, and modern fixtures that balance industrial character with contemporary comfort. ADA-compliant finishes, high -durability flooring, and modern lighting will ensure accessibility and usability for all visitors. Building systems will be fully modernized — HVAC, electrical, plumbing, and life -safety — to meet 21st-century standards, while sustainability features (such as efficient fixtures and potential EV charging infrastructure) will reduce long-term operating costs. Every material choice will be guided by a dual commitment: respect for the past and readiness for the future. Historic preservation will not be cosmetic but deeply integrated into how people experience the building. Page 49 of 736 THE BATTERY AT FIFTH 19 by Astra Comrnons SITE CONTEXT The Battery sits at a highly visible downtown corner on West 5th Street, adjacent to other historic structures and near two National Register properties. Its position makes it a natural anchor for corridor revitalization, drawing foot traffic from existing businesses while catalyzing new investment. The site offers excellent walkability, access to nearby transit, and proximity to Waterloo's growing network of cultural and civic destinations. By combining housing, commercial uses, and public realm improvements, the project strengthens downtown's identity as a place to live, work, and gather. Zoning C-3 Downtown Central Business District - Required Off -Street Parking: 0 stalls - Off -Street Parking Provided: 6 stalls - CarShare Vehicles Provided: 2 - On -Street Parking: 5 statls Hotel Hotel `Public CarShare Vehicle (Zip / Enterprise) Public Parking Trash • • — — 5-6 Staff / Tenant Parking • e-Tenant Reserved CarShare • . % Vehicle (Zip / Enterprise) %h • Page 50 of 736 THE BATTERY AT FIFTH by Astra Commons PARKING AND TRAFFIC FLOW The Battery at 5th takes a modern, demand -sensitive approach to parking, designed to reduce reliance on private vehicles while still ensuring residents have convenient access to mobility options. Shared Car Program Resident Parking Traffic Flow Micro -Mobility & Bike Access The project will dedicate two parking stalls —one directly in front of the building and one in the tear —for a shared car service reserved for residents. Each stall will include EV charging capability. By offering this amenity, residents gain flexible access to vehicles without the need for individual car ownership, significantly reducing overall parking demand. Potential Partners (Not confirmed yet) Dterprise CarShare zi carte Instead of building excessive on -site parking, residents will be accommodated through the public parking garage located one block away, which provides ample secure capacity within easy walking distance. This approach avoids costly and space -intensive on -site parking while reinforcing downtown's walkable character. Vehicle access will remain aligned with the current 1 way or planned 2 way circulation of West 5th Street. The project design prioritizes pedestrian comfort and safety, with active storefronts, clear sidewalks, and improved alley connections calming traffic and encouraging foot traffic. Micro -Mobility & Bike Access: The rear alley will incorporate enhanced bike racks and micro -mobility accommodations, supporting cycling and other low -carbon modes of travel. Together with downtown's trail and transit connectivity, these investments expand residents' choices beyond personal cars. By limiting on -site parking to shared vehicles, leveraging the nearby garage for resident use, and creating safe, inviting conditions for walking and biking, The Battery sets a new standard for balanced, future -ready urban mobility in downtown Waterloo. Page 51 of 736 THE BATTERY AT FIFTH I 1 by Astra Commons 3. PROJECT IMPACT The Battery at 5th is designed to have a transformative effect on downtown Waterloo. By restoring and reactivating the Central Battery Building, the project safeguards a landmark structure while positioning it as a new cornerstone of the city's civic and economic life. Its impact can be measured in multiple dimensions: cultural, social, and economic. Cultural and Historic Value Social and Community Value Economic Value Catalytic Value The project preserves one of Waterloo's most distinctive architectural facades —the rare white -and -green Arts & Crafts tilework—ensuring that the city's built heritage remains part of its future. Rather than treating preservation as cosmetic, the design integrates historic character into the daily experience of residents and visitors. The Battery becomes both a living museum and a functioning piece of urban infrastructure. With 19 residential units, the project directly expands housing options downtown, welcoming professionals, creatives, and empty nesters who will contribute to a more diverse, multi -generational neighborhood. At the ground level, the cafe and coworking/event space provide a shared "third place" that encourages interaction and collaboration, while the activated alley transforms an overlooked corridor into a safe, vibrant amenity. Together, these interventions strengthen downtown's identity as a place to live, work, and gather. The Battery represents a $6.6 million investment that turns an underutilized property into a tax -generating asset. At stabilization, it will add a substantially enhanced taxable asset, create 6-10 permanent jobs, and support dozens of construction jobs. Beyond direct impacts, the project generates spillover activity for nearby businesses —coffee drinkers spilling into local shops, residents frequenting restaurants, and event -goers circulating through the district. This consistent flow of people helps sustain the broader downtown ecosystem. Perhaps most importantly, The Battery is a symbol of momentum. By pairing preservation with modern commerce and housing, it demonstrates Waterloo's ability to honor its past while building a dynamic future. Like the batteries once manufactured here, the redeveloped building will serve as a storehouse of community energy, channeling vitality into surrounding businesses, cultural institutions, and civic life. Page 52 of 736 THE BATTERY AT FIFTH 1 2 by Astra Commons 4. DEVELOPMENT AND FINANCING STRATEGY The Battery at 5th will be delivered through a carefully structured $6.63 million capital plan that blends federal, state, local, and private resources. This layered strategy ensures financial feasibility, minimizes risk, and maximizes the leverage of Waterloo's contribution. SOURCES AND USES OF FUNDS Uses Amount ($) Hard Costs (construction + addition $ 5,243,000 Contingency (5%) $ 257,000 Soft Costs (A/E, legal, serve s $ 435,000 Financing Costs / Reserves $ 325,000 Developer Fee (5%) $ 320,000 FF&E + Lease -Up Reserves $ 50,000 Total Development Cost $ 6,630,000 Sources Senior Debt (NOI-backed) Amount ($) $1,500,000 Federal Historic Tax Credit (20% $1,000,000 Iowa State Historic Tax Credit 20%) $ 1,000,000 Brownfield/Grayf eld Credit 12-24% $ 500,000 TIF (70% rebate, 15 yrs, PV) $ 375,000 Workforce Housing Grant (19 x $15k) $ 285,000 Developer/Investor Equity $ 300,000 NMTC $ 1,000,000 MainStreet Grant $ 100,000 Direct City Participation Total Sources $ 570,000 $ 6,630,000 The project's capital stack draws on multiple proven programs. Federal and Iowa Historic Tax Credits together contribute $2 million, recognizing the project's architectural and cultural value. A Brownfield/Grayfield Credit adds $500,000, while New Markets Tax Credits (NMTC) bring in $1 million, reflecting the project's alignment with community revitalization goals. Workforce Housing funding contributes $285,000, directly supporting the residential component. Local participation comes in two forms: a $100,000 Main Street Grant and a 70% TIF rebate valued at $375,000. Astra Commons and its partners provide $300,000 in developer and investor equity, underscoring their commitment to the project's success. The City's direct participation request of $570,000 - unlocks nearly $6 million in outside capital. The financing structure is paired with a 45 month timeline that begins with RFP award and Development Agreement execution, followed by historic tax credit approvals, entitlements, and financing commitments. Construction is expected to begin in late 2026 with phased delivery: exterior restoration and core/shell completion first, followed by residential buildout and ground -floor activation. At stabilization, The Battery is projected to generate sustainable operating income, ensuring long-term viability. Page 53 of 736 THE BATTERY AT FIFTH 113 by Astra Commons PROJECT TIMELINE AND MILESTONES The Battery at 5th is structured on a phased 45 month delivery schedule, beginning with the RFP submission deadline of September 22, 2025. December 2025 March/April 2026 September / October 2026 March / April 2027 May / June 2027 June 2027 — June 2029 June 2029 RFP Decision — Expected by December 2025. Development Agreement — Executed by March 2026 (3 months post -selection). Preliminary Design (30-35% of total design work) Historic Tax Credit application submission (Federal / State) Entitlements & Approvals (3-6 months for site plan, historic preservation, and permitting). Financing Close (3-6 months, aligned with state/federal credits and equity commitments). Final design and Construction Documentation (65-70% effort) (2-3 months) Construction (18-24 months), including: Phase 1: Exterior restoration and core/shell completion. Phase 2: Residential buildout and ground -floor activation. Lease Up and Occupancy begins Page 54 of 736 THE BATTERY AT FIFTH 4 by Astra Commons 1 WHY THIS MATTERS TO THE CITY The Battery at 5th illustrates why public incentives are essential for historic downtown redevelopment. At stabilization, the project will generate $150,822 in annual NOI, supporting a valuation of—$2.15M at a 7% cap rate. Yet full development costs are $6.63M—a gap that private equity alone cannot bridge. This is not a sign of weakness, but the economic reality of preserving and reactivating historic structures. Historic redevelopment is costly. Specialized restoration of the rare, glazed facade, modernization of building systems, and compliance with accessibility and life -safety standards push costs far beyond new construction. At the same time, market rents downtown remain modest, limiting the revenue the building can support. That gap is exactly why public participation tools exist. Federal and state Historic Tax Credits provide $2 million. New Markets Tax Credits add $1 million. Brownfield/Grayfield credits and Workforce Housing programs contribute nearly $800,000 more. In total, nearly $4 million of the $G.63 million capital stack comes from state and federal programs that flow to Waterloo only if the project moves forward. The City's role is catalytic. With a request of $570,000 in upfront support plus a 70% TIF rebate (7$375,000 PV), City investment unlocks more than $5.5 million in state, federal, and private capital. Put differently, every direct city dollar leverages over ten outside dollars. For Waterloo, this is about more than one balance sheet. The Battery is a catalytic project: it reactivates West 5th Street, restores a visible piece of the city's heritage, adds housing, creates daily street -level activity, and generates spillover benefits for nearby businesses and civic life. Incentives are the bridge that turn a vacant landmark into a long- term community asset. Page 55 of 736 TEE BAT EERY Al rlF rH 1 by Astra Commons FINANCIAL CAPACITY PO Box Bell, North Liberty, IA 52317-0800 I GreenStateCU,org I 1-B00.397-3790 GreenState CREDIT UNION September 18, 2025 Re: Astra Commons LLC Central Battery Building, 221 W 5°h Street, Waterloo, IA To VVhom It May Concern: Astra Commons LLC is locking to bid on the aforementioned project. This is to serve as affirmation that GreenState Credit Union has had dealings with them for a number of years and would certainly recommend there as a qualified contractor for this, and would be interested in evaluating the project subject to: • Satisfactory Credit underwriting confirming all the Credit Union's criteria is met • Final loan approval as approved by the Credit Union Please contact me with any questions you may have. Sincerely, Mark Sandvig Commercial Services Loan Officer, VP GreenState Credit Union Page 56 of 736 THE BATTERY AT FIFTH 16 by Astra Commons FIRST BAN K Sarvtr+R Yard Elm September 10, 2025 To: Whom it may concern Re: Astra Comntons- THE BATTERY at FIFTH (217-221 W 5th Street, Waterloo, IA) To Whom 1t May Concerts, I am pleased to inform you that Astra Commons is preappmved for financing tite renovation ofTHE BATTERY al FIFTH (217-221 W 50' Street, Waterloo, IA). This preapproval is subject to frill underwriting and review of final construction plans and specs If you have any questions, do not hesitate to reach out Thank you, Seth Engclhrecht NMLS #1214800 Httsiness Hanker FIRST BANK I www.Firstlowa.banic Cedar Falls I Clarion I Eagle Grove I Goldfield I Plainfield I Waverly Member FDIC I Equal Housing Lender Member FDIC Equal Housing Lender Cedar Falls I Clarion a Eagle Grove I Goldfield I Plainfield I Waverly www,FIrstlowa.bank Member FDIC Page 57 of 736 THE BATTERY AT FIFTH I 7 by Astra Commons S. PROJECT TEAM AND STRUCTURE The Battery at Sth is guided by a seasoned team with deep expertise in community engagement, downtown redevelopment, and complex project delivery. Astra Commons will lead the development effort with its partners whose combined experience spans real estate development, architecture, construction, public -private partnerships and finance. Together, the team blends national -level redevelopment expertise with strong local knowledge of Waterloo and the Cedar Valley market. This collaboration ensures that The Battery is not only financially feasible but also authentically rooted in the community it serves. For this project, a project specific LLC ("Battery DevCo LLC") will be formed managed by Astra Commons LLC. The team structure, experience and relevant projects are noted below. CI'i'Y OF WATERLOO BATTERY DEV CO LLC (MANAGED] BY As'PRA COMMONS -1111111P- ASTRA COMMONS I LEAD DEVELOPER Mohin Khan, PhD, LEED AP Proiect Lead Simeon Talley Community Partnerships L DESIGN roll! ' ' Cody Vanasse j Provenance Architecture Architectural Design MARKETING Jared Mottle I Hottle Real Estate Leasing / Asset Management Page 58 of 736 THE BATTERY AT FIFTH by Astra Commons 118 ASTRA COMMONS Astra Commons is an Iowa -based real estate investment and development firm focused on community - oriented projects that combine housing, placemaking, and innovative financing. The company operates at the intersection of real estate and social impact, leveraging public -private partnerships and impact investment capital to deliver projects that are both financially sustainable and community --driven. Astra Commons' work spans housing, mixed --use redevelopment, and technology -enabled real estate services, with a guiding mission to create developments that strengthen neighborhoods, expand access to housing, and catalyze long-term urban revitalization. TEAM BIO Mobin Khan, PhD, LEED AP Founder & Prim pal I Astra Commons Mobin Khan is the Founder & Principal of AstraCommons, an Iowa --based real estate investment and development firm. Before establishing AstraCommons, Mobin served as Chief Operating Officer and Vice President of Economic Development at Downtown STL, Inc. in St. Louis, Missouri, where he directed a multi -million -dollar organizational budget and helped structure public -private partnerships for multiple historic redevelopment projects with complex financing structures. These projects included redevelopment efforts for the Railway Exchange Building with over 1 million square feet of commercial space, negotiations for a new NFL stadium for St. Louis Rams, and negotiations with Sidewalk Labs, a Google subsidiary building urban technologies. Earlier in his career, Mobin worked across real estate development, finance, and economic development in Chicago, Los Angeles, Champaign (Illinois), and Kansas City (Missouri). His experience spanned from fund-raising for a $200M Real Estate Investment vehicle and analyzing feasibility for large-scale mixed -use projects to public finance and incentive evaluations that required detailed pro forma modeling and feasibility analysis. Trained as both an architect and urban planner, Mobin focuses on design -driven approach that integrates financial feasibility with context sensitivity and community needs. His academic background includes a PhD in Urban & Public Affairs, a Masters in Urban Planning, and LEED AP accreditation. Simeon Talley Community Development Director f AstraCommons Simeon Talley is a community -focused real estate strategist with a growing portfolio of experience in mixed -use redevelopment, adaptive reuse, and commercial corridor revitalization. As Community Development Director at AstraCoinmons, Simeon leads efforts to identify high -impact development opportunities, structure political and community partnerships, and shape commercial use strategies aligned with long-term neighborhood goals. Simeon currently supports business and tenant partnerships for the 385-acre ACT Campus redevelopment in Iowa City, working closely with Iceberg Development to engage stakeholders and secure aligned tenants for a multi -phase transformation. He has also served Page 59 of 736 TI-IE BATTERY A1' FIFTH I 9 by Astra Commons as a growth consultant to Fancy Real Estate, a mission -driven development and brokerage firm, where he helped strengthen deal pipeline systems and market positioning. Earlier, Simeon co -led stakeholder engagement for a finalist RFP proposal with access to $9M in public funding, directed operations for a $3M ARPA-funded economic development initiative, and launched a retail brand that exited successfully in 2023. His track record demonstrates the ability to build trust with public and private partners, surface high -fit commercial uses, and move complex projects from early concept to actionable next steps. With a background that blends community strategy, business development, and real estate fluency, Simeon brings a unique ability to connect vision with execution — especially in projects that require local trust, cross -sector alignment, and creative momentum. Cody Vanasse, AIA Architect / Developer I Provenance /ln bilectu e / Cedar River Renaissance Cody Vanasse has 10+ years of experience working as an architect with a focus on commercial and residential -mixed -use projects in urban locations. Cody has led design projects around the Midwest ranging from large projects like a 280+ key hotel project and 100+ unit apartment buildings, to small 2,000 SF commercial tenant buildouts. With an emphasis on creative problem solving, Cody focuses on creating spaces that meet project needs without compromising on user experience. In addition to his involvement in design development, Cody is an active member of the Cedar Valley community. He leverages his architectural expertise to help promote projects and provide a vision for improving the Waterloo area. Cody's passion for revitalization has even led him to take on strategic and impactful redevelopment projects like 203 Lafayette. Utilizing the character defining elements of the historical structure while introducing modern amenities creates a unique and appealing living experience. Cody hopes to help rebrand Waterloo as the revitalized factory city with the most interesting and creative adaptive reuse projects in Iowa. Jared Hottle Real Estate Sales / Investor / Developer I Berkshire Hathaway Home Services — One Realty Centre, Black Hawk TLC / JKD Properties Jared Hottle is a lifelong Waterloo resident and dedicated real estate professional with a deep commitment to the city's growth and revitalization. His career spans across multiple aspects of real estate, including leasing, sales, asset management, and development, with a focus on projects that strengthen the fabric of the Cedar Valley. In Downtown Waterloo, Jared has extensive leasing and commercial sales experience, helping local businesses and investors activate underutilized spaces and bring new life to the city's core. Beyond sales and leasing, he provides asset management and multifamily consulting across the Cedar Valley, guiding owners and investors through strategies to maximize property performance and long-term value. Page 60 of 736 THE BATTERY AT FIFTH-1 12� by AsIra Commons Jared has also been directly involved in in -fill development projects, including work at Chalmers and Hartman, creating new housing opportunities and modern uses within established neighborhoods. As a value -add investor, he has consistently sought to reposition and improve properties throughout Waterloo, blending investment strategy \vith community impact. In addition to his professional work, Jared serves on the Waterloo Historic Preservation Commission, where he advocates for the adaptive reuse of historic buildings and supports projects that honor the city's heritage while driving future growth. His combined expertise as a commercial broker, investor, and civic leader positions him as both a connector and advocate for sustainable development in Waterloo. Page 61 of 736 THE BATTERY AT FIFTH I it by Astra Commons RELEVANT PROJECTS FASHION INCUBATOR / ART LOFT St. Louis, MO • Initial Project Cost: $2 Million • Follow on Manufacturing Facility by Evolution St. Louis o Cost: $5 Million • Mobin Khan served as founding board member of St. Louis Fashion Fund and helped raise $2M in public and private capital to build St. Louis Fashion Incubator in Art Loft building in downtown St. Louis • Negotiated partnerships with clothing manufacturers such as Van Heusen parent company PVH and Evolution St. Louis HISTORIC GARMENT DISTRICT St. Louis, MO • Mobin Khan led the effort to reimagine Historic Garment District in St. Louis and catalyze adapative reuse of numerous vacant buildings. • Master Plan to redevelopment historic Garment District in downtown St, Louis. • Approximately 20 City Blocks • Catalyzed redevelopment of multiple vacant historic buildings in Downtown St, Louis Page 62 of 736 THE BATTERY AT FIFTH 122 by Astra Commons Astra Commons MoonShot 1 Single Family Home I Iowa City, IA • Leading Edge Experiment in Single Family Home Construction and Design • Twin Aims of o Sustainability up to LEED standards o Affordable at 80% Area Median Income • Status; In Design Phase LaSalle Building Redevelopment St. Louis, MO • Developed by Viallova Development as 88 room Hotel Indigo • Cost $20 Million • $11 Million in Property Tax Abatement and Historic Tax Credits • Mobin Khan, as part of local economic development group, assisted the developer on public incentive request for the project Page 63 of 736 THE BATTERY AT FIFTH I �3 by Astra Commons 101Milli INN 217 E 2"d Street Renovation Des Moines, IA • Redeveloped by Christensen Development • Designed by ISG • State historic rehabilitation tax credits • 2 levels and 24,000 SF commercial office space • 2023 Preservation Iowa large adaptive re- use award 203 Lafayette Renovation Waterloo, IA • Redeveloped by Cedar River Renaissance • State and federal historic rehabilitation tax credits • 2 units @ —1500 SF each • over 3000 SF and 3 levels • $745,000 project cost • 770 1iNt �`il sL, Page 64 of 736 THE BATTERY AI' IIPTH I 24 by Astra Commons Additional relevantpivjects: • Ohana Apartments Mankato, MN • Cinema Apartments - Owatona, MN • Sisseton Lakeshore Condos - Fairmont, MN • College Hill Apartments - Cedar Falls, IA • Skyline Apartments - Bismarck, ND (not built) • Switchyard Apartments - Sioux Falls, SD (not built) Best Western Hotel Renovation Downtown Waterloo, IA • Redeveloped by Makenda Development • Designed by ISG • $8.5 million • 10 levels, 172 units, and 136,000 SF Page 65 of 736 THE BATTERY AT FIFTH 125 by AsIra Commons 6. PARTNERSHIPS The Battery at 5th is a collaborative effort that succeeds through strong partnerships with preservation advocates, local operators, and civic organizations. These relationships ensure the project protects Waterloo's heritage while creating a vibrant, community -oriented destination. Preservation & Stewardship Activation & Retail Anchors Community Partnerships Construction Partner Astra Commons will work within the established framework of Preservation Iowa, the State Historic Preservation Office (SHPO), and the Waterloo Historic Preservation Commission. Their guidance ensures compliance with the Secretary of the Interior's Standards, eligibility for state and federal historic tax credits, and alignment with Waterloo's long-term preservation strategy. Ground -floor success depends on active uses that keep the building lively throughout the day. Midnight Coffee, an operator known for community - focused gathering spaces, will anchor this effort. Flexible commercial space allows for additional retail or community partners as downtown demand grows, ensuring continuous activity and street -level visibility. WIMP MIDNIGHT COFFEE The Battery will be woven into the fabric of downtown through collaboration with Experience Waterloo and Main Street Waterloo, connecting the project to citywide events, corridor activation efforts, and small-business engagement. These organizations help extend the Batters reach beyond its walls, ensuring it contributes directly to the vitality of West 5th Street and the wider downtown. We will be partnering with a local General Contractor for the construction / renovation work. The development team has received interest and estimates from two reputable local firms — Cardinal Construction and Rice Companies -- and plan to pursue further discussion iEwe are awarded the project. • RICE CARDINAL COMPANIES CONSTRUCTION Together, these partnerships transform the Battery into more than a redevelopment project —it becomes a community landmark that combines historic integrity, economic energy, and civic participation to recharge downtown Waterloo. Page 66 of 736 THE BATTERY AT FJF-rH I 26 by Astra Common 7. PURCHASE OFFER City of Waterloo: Offer to Buy Form Property to be bid upon: 221 West 5th Street Name in which property would be transferred: 'ASTRA COMMONS LLC" OR ITS ASSIGNEE Name of bidder: Astra Commons LLC Address of bidder: Phone number of bidder: Fax number/email of bidder; My offer for 221 West 50' Street: $t.na Other notes, conditions: (Please provide attachments to address Numbers 1 through 9 an previous sheets above) This offer is contingent on the City of Waterloo completing Phase 1 and 2 environmental studies and any remedlation effort recommended therein. This offer constitutes part of the attached proposal for redevelopment and is contingent on financing and design details outlined there. Furthermore, [ understand the zoning, building, and fire code provisions for the project and believe my project will work as described. 16. Principal, Astra Commons LLG Signature of applicant/ bidder The City rssesves the right to reject any and all bids, and to waive informalities in any proposal. Proposals are due: September 22, 2025 by 5pm Page 67 of 736 THE BATTERY AT FIFTH 127 by Astra Commons APPENDIX A: RFP COMPLIANCE MATRIX RFP Requirement 1, Project description — renovation scope, uses, Executive Summary (pp.1); Project Plan (pp.3-10); construction cost, total investment, and layout details Design (p.5); Proposed Building Plans (pp.6-7); Sources & Uses (p.12) 1 Timeline — phasing, key milestones, Project Timeline and Milestones (p.13); Narrative construction/occupancy schedule Schedule (pp.11-13) 3. Financing — evidence of ability, sources/uses, lender/equity Development & Financing Strategy (pp.12-16); Sources & Uses Table (p.12); Financial Capacity (pp.15,16) 4. Project Team — names, contacts, relevant Project Team & Structure (pp.17 -20); Team Bios experience (pp.18-20); Relevant Projects (pp,21-24) 5. Incentives / City assistance — requested local help, leverage of tax base This Matters to the City" (p.-14) Development & Financing Strategy (pp.12-16); 'Why 6. Materials used in construction — quality, historic Materials Used & Design Approach (p.8); compatibility 7. Proposed use — fit with downtown, alignment with Project Plan (pp.3--10); Concept (pp.4-5); Site Context Comp Plan (p.9) 8. Traffic flow / parking — site plan, alley, circulation Parking & Traffic Flow (p.10); Parking + Mobility Strategy (p.5) 9. Economic impact _ jobs, tax base, downtown Project Impact (p.11); Why This Matters to the City vitality (p.14) 10. Price — purchase offer Purchase Offer (p.26) Page 68 of 736 THE BATTERY AT FIFTH 1 28 by Astra Coons1 ATTACHMENT A: LETTER OF INTENT ---- MIDNIGHT COFFEE MIDNIGHT COFFEE Hi Astra Commons & Development Team, I'm reaching out on behalf of Midnight Coffee to share our interest in the Battery at 5th RFP project. We see real potential for a cafe that not only serves coffee but also functions as a gathering space that adds vibrancy to the development. Our approach has always been to go beyond the traditional cafe model —we aim to create spaces that foster connection, support community, and bring daily activity to the projects we're a part of. In our view, a coffee shop in this location could serve as both an amenity for tenants and a neighborhood anchor, helping to activate the ground floor and strengthen the overall identity of the project. We'd love the opportunity to continue the conversation about how Midnight Coffee could contribute to the placemaking vision here and partner with you in making the project a destination for residents, visitors, and the broader community. Best, Alex Nelson Founder, Midnight Coffee 44c Ne6oK Page 69 of 736 • 6 AsiraCommons Page 70 of 736 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 December 1, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as December 15, 2025, for the sale and conveyance of approximately 4.22 acres of city -owned property, located east of 4050 Leversee Road, in the amount of $1.00, to RNK Investments, LLC, including a Phased Development and Minimum Assessment Agreement, for the construction of a 12,000 square foot commercial building, and a future 12,000 square foot expansion, with an approximate value of $1,500,000.00, located southeast of 180 Warp Drive, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a resolution setting date of public hearing as December 15, 2025, for the sale and conveyance of approximately 4.22 acres of city -owned property, located northeast of 326 West 14th Street, in the amount of $1.00, to RNK Investments, LLC, including a Phased Development and Minimum Assessment Agreement, for the construction of a 12,000 square foot commercial building, and a further 12,000 square foot expansion, with an approximate value of $1,500,000.00, located southeast of 180 Warp Drive, and instruct the City Clerk to publish notice. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 71 of 736 LEGAL DESCRIPTION Lots 27, 28 and 29 of Waterloo Air and Rail Park 4th Addition, Waterloo, Black Hawk County, Iowa ATTACHMENTS 1. Development Agreement 2. Site Plan 3. Building Plans 4. Aerial Map Page 72 of 736 Prepared By: Austin J. McMahon, Lange & McMahon, PLC, 222 1st St. E., Independence, IA (319) 334-4488 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of this day of 202_, by and between RNK Investments, LLC, an Iowa limited liability company (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance development and improvements on the real property shown in Exhibit A (the "Property"), which is 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, 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 73 of 736 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 (Exhibit A) to Company in its as -is condition for the sum of $60,000.00 (the "Purchase Price"). Conveyance shall be by quitclaim 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 on 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. As park of Phase 1, Company shall develop or construct a 12,000 square foot (approximately) commercial building and incidental infrastructure or features, such as landscaping, water detention, paving, signage, and parking, on one or more lots of the Property in accordance with this Agreement, including but not limited to, Section 3 (collectively referred to as the "Phase 1 Improvements" or "Phase 1"). For Phase 2, Company shall develop or construct a 9,000 square foot (approximately) commercial building and incidental infrastructure or features, such as landscaping, water detention, paving, signage, and parking, an the Property in accordance with this Agreement, including but not limited to, Section 3 (collectively referred to as the "Phase 2 Improvements" or "Phase 2"). Phase 3, which Company shall the option of completing, shall consist of the development or construction of a 15,000 to 20,000 square foot (approximately) commercial building and incidental infrastructure or features, such as landscaping, water detention, paving, signage, and parking, on the Property in accordance with this Agreement, including but not limited to, Section 3 (collectively referred to as the "Phase 3 Improvements" or "Phase 3")(the Phase 1 Improvements, Phase 2 Improvements, and Phase 3 Improvements shall collectively be referred to herein as 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 Page 74 of 736 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 "Project." 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide 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. Page 75 of 736 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 Phase 1. Company must obtain all required permits or licenses and begin development or construction of the Phase 1 Improvements within six (6) months from the date that the City conveys the Property to Company (the "Phase 1 Commencement Date"). Company must Substantially Complete development or construction of the Phase 1 Improvements within fourteen (14) months from the date of conveyance (the "Phase 1 Completion Deadline"). For purposes of this Agreement, "Substantially Completed" means the date an 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 described below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements. Any additional or longer extensions will require approval and consent of City Council. B. Deadline to Complete Phase 2. Company must obtain all required permits or licenses and begin development or construction of the Phase 2 Improvements within sixty months (60) months from the date that the City conveys the Property to Company (the "Phase 2 Commencement Date"). Company must Substantially Complete development or construction of the Phase 2 Improvements within seventy-four (74) months from the date of conveyance (the "Phase 2 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 described below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements. Any additional or longer extensions will require approval and consent of City Council. C. Completion of Phase 3. Company is not required to complete the Phase 3 Improvements, but if Company undertakes and Substantially Completes the Phase 3 Improvements within sixty months (60) of Substantial Completion of the Phase 2 Improvements, then the City shall pay to Company $60,000.00, subject to the terms of this Agreement. D. Events Triggering Termination and/or Reverter of Title. If Company does commence or does not Substantially Complete development or construction of the Improvements in accordance with the deadlines stated above, then, subject to Page 76 of 736 Unavoidable Delays, then City may terminate this Agreement as set forth elsewhere in 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 Phase 1 Completion Deadline or the Phase II Completion Deadline, as applicable, shall be tolled for a period of time equal to the period of Unavoidable Delay. If City terminates this Agreement, in accordance with the terms contained in 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. If City terminates this Agreement, prior to Company beginning construction activity, 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 that part of the Property Company has not yet begun construction upon, 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 the alternative, Company shall instead pay City thirty thousand dollars ($30,000.00) for each acre of the Property it does not transfer back to the City. In connection with any reverter of title, Company shall not be entitled to, or otherwise recover any amounts paid to City to acquire property or other amounts it expended for the improvements, Project, or other activities. 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 an or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. The foregoing indemnity shall include the cost of removing any improvements constructed by Page 77 of 736 Company and reverting 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 $1,000,000.00 when the Phase I Improvements are completed (the "Phase I Minimum Actual Value") and below $1,500,000.00 when the Phase II Improvements are completed (the "Phase II 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, ar equitable, with any administrative body ar 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. Tax Rebates. Provided that Company has Substantially Completed the Improvements before the Phase I Completion Deadline or the Phase II Completion Deadline, as applicable, and subject to the other terms of this Agreement, including any extensions for Substantial Completion, City agrees to rebate property tax (with the exceptions noted below) with respect to the Improvements (as related specifically to the Phase 1 Improvements or Phase II Improvements), as follows: Page 78 of 736 Year One through Year Five: 50% rebate each year for any taxable value added by the completed Improvements (each such payment is a "Rebate") over the initial base value of $32,153.00. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (Le., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City, The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00, Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements (it is understood that the Phase I Improvements and the Phase 11 Improvements will each have their own "Year One" for purposes of triggering when a Rebate will accrue to and be paid to the Company) and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. Substantial Completion of the Phase 3 Improvements is not a condition precedent or requirement of Company's receipt of tax rebates. 10. Limitations on Payment of Rebates and Other Payments. A. Each payment to Company by City contemplated under this Agreement, including but not limited to, Rebates, is subject to annual appropriation by the city council each fiscal year. The term "Rebate" shall include any and all payments from City to Company under this Agreement. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non -appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision Page 79 of 736 of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. City shall have no obligation to make a payment of a Rebate to Company if at any time during the term hereof City fails to appropriate funds for payment or City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Rebate payment to Company, as contemplated under Section 11 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof, or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circumstances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of this Agreement, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. C. For purposes of this Agreement, "Tax increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code§ 403.19 and the ordinance governing the Urban Renewal Plan. 11. Conditions to City Funding. A. The complete or initial funding by City of the Rebates and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Company if, far whatever reason, a condition set forth in this is not satisfied at a Rebate payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Rebate payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Rebate payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the expansion of a tax increment financing (TIF) district, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before Page 80 of 736 each Rebate payment date, of each of the fallowing conditions precedent: (i) The representations and warranties made by Company and in this Agreement shall be true and correct as of the Rebate disbursement date with the same force and effect as if made at such date. (ii) Company shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Rebate disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 12. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. 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. Page 81 of 736 F. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA and any amendments thereto. G. Until the MAA termination date Company agrees that it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property conveyed to it. 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 to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 13. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 14. Representations and Warranties of Company. Company hereby represents and warrants as follows: A, 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. Page 82 of 736 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 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. 15. indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's lease or acquisition of the same or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any Willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or Page 83 of 736 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. 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 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 restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days, 17. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. Notwithstanding the foregoing, (a) Company may assign the Property to an affiliate of Company without prior approval of City provided (i) the assignee assumes the obligations of Company under this Agreement, (ii) the assignee shall receive all Rebates payable as of and after the date of assignment, and (iii) Company provides written notice of assignment to City within five (5) business days after execution of assignment and (b) Company may mortgage the Property to a lender as security for financing of Project improvements, but for no other purpose. 18. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, any part of the Property, or this Agreement, without the prior written Page 84 of 736 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. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 19. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement upon a 30- day written notice. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or Page 85 of 736 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. The remedies available to the City shall survive any termination of this Agreement. 20. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 21. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City In accordance with, all applicable statutory, common law, or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 22. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 23. Notices. 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, Ron Koelker, 13557 Sharwood Court, Dyersville, Iowa 52040 Delivery of notice shall be deemed completed upon: (i) 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 or electronic mail so long as the sender obtains electronic confirmation that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 24. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or Page 86 of 736 construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 25. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 26. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. if any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as Written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 27. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 28. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 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 may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 31. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 32. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date set forth above. Page 87 of 736 [signatures on next page] Page 88 of 736 CITY OF WATERLOO, IOWA RNK INVESTMENTS, LLC By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk BY: Ron Koelker Page 89 of 736 EXHIBIT A Description Lots 27, 28, and 29 of the Waterloo Air and Rail Park 4th Addition, City of Waterloo, Black Hawk County, lowa. Page 90 of 736 EXHIBIT B MINIMUM ASSESSMENT AGREEMENT Thi Minimum Asses ment Agreement (the "Agreement") is entered into as of this /9 day of Asses , 2025 and among the CITY OF WATERLOO, IOWA ("City") and RNK Investments, 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 (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan area, including the construction of certain Improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code§ 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $1,000,000.00 at the completion of the Phase l Improvements, and $,1500,000.00 at the completion of the Phase II Improvements (collectively the "Minimum Actual Value" based on which Phase has completed) 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, 2037. Page 91 of 736 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 (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 lowa to reduce the Minimum Actual Value; or Page 92 of 736 (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 {let forth above. [signatures on next page] Page 93 of 736 CITY OF WATERLOO, IOWA RNK INVESTMENTS, LLC By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk By: STATE OF IOWA ) ss. COUNTY OF BLACK HAWK On this day of , 202_, 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 Id 4. COUNTY OF (A VU'l ) ss. Notary Public j61.4s4 l, BAILEY BONES Commission Number 835025 My bommission Expires November 10,t1, 2027 Subscribed and sworn before me on , by Ron Koelker as (title) of RNK Investments, LLC, aiLL Notary Public Page 94 of 736 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be less than One Million and 00/ 100 Dollars ($1,000,000.00) at the completion of the Phase l Improvements, and One Million Five Hundred Thousand and 001 100 Dollars ($,1500,000.00) at the completion of the Phase 11 Improvements (collectively the "Minimum Actual Value" based on which Phase has completed 1,500,000.00) 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 COUNTY OF BLACK HAWK ) ) ss. Subscribed and sworn to before me on by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 95 of 736 SITE ADDRESS: LOTS 27, 28, & 29 OF WATERLOO AIR & RAIL PARK 4TH ADDITION PARCEL ID: <PARCEL ID> ZONING: M-2, P: PLANNED INDUSTRIAL LOT SIZE: 183891.62 SF / 4.22 ACRES SETBACK REQUIREMENTS FRONT: 25' REAR: 40' SIDE: 5' PARKING: STORM WATER MANAGMENT, DRAINAGE, AND AIRPORT FENCE ACCESS EASEMENT LOT 29 LOT 28 40' REAR SETBACK LOT 27 1. PER SEC. 10-25-2, A.2 FOR PARKING FACILITIES LOCATED IN 14-2,P" PLANNED INDUSTRIAL, THE SCHEDULES SET FORTH IN THIS SECTION SHALL GENERALLY BE THE MAXIMUM. THE ACTUAL PARKING REQUIREMENTS SHALL BE DETERMINED DURING THE REVIEW OF THE SITE PLAN BY THE COMMISSION IN VIEW OF THE FLEXIBILITY OF THE GUIDELINES FOR THESE PARTICULAR DISTRICTS. 2. STANDARD REQUIREMENT PER SEC. 10-25-2, D.10 3. CONTRACTOR BUSINESS: NOT LESS THAN ONE PARKING SPACE FOR EVERY 250 SQUARE FEET OF OFFICE FLOOR AREA AND ONE SPACE FOR EACH TWO PERSONS EMPLOYED ON MAXIMUM SHIFT. CALCULATIONS: TOTAL OFFICE FLOOR AREA = # SF / # = # SPACES MAX SHIFT PROJECTED EMPLOYEES = 10 EMPLOYEES / 2 = 5 SPACES TOTAL SPACES = # SPACES + 5 SPACES = # SPACES STANDARD REQUIRED PARKING = # SPACES PROVIDED PARKING = 15 SPACES FLOOD PLAIN: ZONE X PER FIRM MAP 19013C0167F, EFF. 7/18/2011 \e/ PROPOSED 120 x 100 BUILDING/ //f1 12000 SF 6' ,22' 0 o IT 43' FUTURE 120 x 100 BUILDING 12000 SF TRACT D- STORM WATER MANAGMENT CC W �W/ V CONCEPT EXHIBIT WARP OFFICE PN: N/A KOELKER EXCAVATING INC. lofl 10/14/2025 PRELIM Page 96 of 736 Drawing Index Drawing Release History General Notes Butler Manufacturing a division of BlueScope Buildings North Arnerica, Inc. Drawing Title Cover Sheet Codes and Loads Notes Anchor Rod Plan Primary Structural Secondary Structural Covering Pages 1 2 3 4 5-11 12-20 21-30 Special Drawings Standard Erection Details Planograph Details BASIC BUILDING INSTALLATION GUIDE 3586 MR-24 ROOF INSTALLATION GUIDE 4797 SHADOWALL INSTALLATION GUIDE 5176 ROOF OWNERS MAINTENANCE 5038 25-024374-01 100 x 120 x 22 100' BY 120' EH 21'10.5" ROOF PITCH 0.475:12 Type Date Description PERMIT DRAWINGS REVO 11/3/2025 PERMIT SET- For Building Dept. Approval Materials ASTM Designation 3 Plate Welded Sections Cold Formed Light Gage Shapes Brace Rods Hot Rolled Mill Shapes Hot Rolled Angles Hollow Structural Section (HSS) Cladding A529, A572, A1011, A1018 A653, A1011 A572, A510 A36, A529, A572, A588, A992 A529, A572, A588, A992 A500 A653, A792 Grade 55 Grade 60 Grade 50 Grade 36 or 50 Grade 50 Grade B Grade 50 or Grade 80 High Strength Bolt Tightening Requirements It is the responsibility of the erector to ensure proper bolt tightness in accordance with applicable regulations. See RCSC specification for structural joints using high strength bolts for more information. See erection guide for bolt tightening instructions. The following criteria may be used to determine the bolt tightness (i.e.-snug tight or pre -tension) unless required otherwise by local jurisdiction or contract. All A490 bolts shall be "pre -tensioned". A325 bolts in primary framing and bracing connections may be "snug -tight" except as follows; Pre -tension A325 bolts if building supports a crane greater than 5 ton capacity. Pre -tension A325 bolts if building supports machinery that creates vibration, impact, or stress reversals on connections. Pre -tension A325 bolts if located in high seismic areas. For IBC based codes; high seismic is design category D, E or F. See codes and loads section below for details. Pre -tension any connection with designation A325-SC. Slip critical (SC) connections must be free of paint, oil or other materials that reduce friction at contact surfaces. Galvanized or lightly rusted surfaces are acceptable. In Canada, all A325 and A490 bolts shall be "pre -tensioned", except for secondary members and flange braces. Secondary members and flange brace connections are always "snug tight", unless indicated otherwise in erection drawing details. Inspection and Testing Special inspections and testing required by Authority Having Jurisdiction (AHJ) during construction and/or steel fabrication is the responsibility of the owner or owners authorized agent. When required, the owner shall employ a Quality Assurance Agency (QAA) approved by the AHJ. The builder is responsible to coordinate between the QAA firm and BBNA Fabrication Facilities. The type and extent of special inspections and NDT weld testing must be specifically stipulated in contract documents or BBNA will assume special inspections and/or NDT testing are waived as permitted by the building code based on BBNA facilities IAS AC472 accreditation. - THIS BUILDING WAS NOT DESIGNED FOR FUTURE EXPANSION IN ANY DIRECTION - MODIFICATION TO EXISTING IS NOT BY BBNA - REVIEW OF THE EXISTING BUILDING IS NOT BY BBNA - THIS BUILDING WAS NOT DESIGNED FOR MEZZANINES ALL FUTURE NON-BBNA MEZZANINES MUST BE FREE STANDING FROM THE BUILDING STRUCTURE AND SHOULD BE STRUCTURALLY SEPERATE TO ALLOW FOR THE DEFLECTION OF THIS BUILDING - THIS BUILDING HAS BEEN DESIGNED TO SUPPORT DROP CEILINGS WITHIN A 5 PSF COLLATERAL LOAD THAT ALSO INCLUDES LIGHTING - THE ROOF SURFACE HAS NOT BEEN DESIGNED FOR ANY CONCENTRATED ROOF LOADS OR SPRINKLER MAINS OVER 4" IN DIAMETER. IF THESE CONDITIONS EXIST, PLEASE CONTACT BUTLER MANUFACTURING FOR A STRUCTURAL REVIEW. ALL COLLATERAL LOADS SHOULD ONLY ATTACH TO THE PURLINS FOLLOWING THE HANGING LOADS PLANOGRAPH (B-081465). - THE SPECIFIED MINIMUM ROOF SNOW LOAD IS A SEPERATE UNIFORM LOAD CASE. IT WAS NOT USED IN DETERMINING OR IN COMBINATION WITH WIND LOADING, SEISMIC LOADING, SNOW DRIFTS, SLIDING SNOW, OR UNBALANCED SNOW LOADING. - THE DOORS AND FRAMED OPENINGS ON THIS PROJECT ARE ASSUMED TO NOT HAVE COILS OR WIND LOCKS. - THE DOORS ON THIS ORDER ARE ASSUMED TO BE CLOSED DURING WIND EVENTS. BlueScope This document has been electronically signed and sealed by Delaney Snyder, PE using my Digital Signature with PE seal affixed. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copy. 2025.11.03 16:12:47-06'00' O ,,,`F EIS S I °N/ DELANEY SNYDER P28778 G> — %///„ /O W P\ \\\.�: License Expires: December 31 st, 2025 The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 COVER SHEET The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Builder: Hauptly Construction Inc. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Builder's PO#: Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: 1 VPC Filename: 25-024374-01 11/3/2025 15:05:05 a division of BlueScope Buildings North America, Inc. Page 97 of 736 Codes and Loads WHEN MULTIPLE BUILDINGS ARE INVOLVED, SPECIFIC LOAD FACTORS FOR DIFFERING OCCUPANCIES, BUILDING DIMENSIONS, HEIGHTS, FRAMING SYSTEMS, ROOF SLOPES, ETC., MAY RESULT IN DIFFERENT LOAD APPLICATION FACTORS THAN INDICATED BELOW. SEE CALCULATIONS FOR FURTHER DETAILS. WIND LOADS ARE APPLIED TO OVERALL BUILDING ENVELOPE. COMMON WALLS BETWEEN CONNECTED SHAPES ARE NOT SUBJECT TO EXTERNAL WIND LOADS. City: Waterloo County: Black Hawk State: Iowa Country: United States Building Code Building Code: 2021 International Building Code Structural: 16AISC - ASD Rainfall: I: 7.14 inches per hour Building Risk/Occupancy Category: Dead and Collateral Loads Collateral Gravity: 5.00 psf Collateral Uplift: 0.00 psf II (Standard Occupancy Structure) Cold Form: 16AISI - ASD f'c: 3000.00 psi Concrete Wind Load Wind Speed: Vult: 109.00 (Vasd: 84.43) mph The 'Envelope Procedure' is Used Primaries Wind Exposure: C - Kz: 0.928 Parts Wind Exposure Factor: 0.928 Wind Enclosure: Enclosed Topographic Factor: Kzt: 1.0000 Ground Elevation Factor: Ke: 1.0000 NOT Windborne Debris Region Base Elevation: 1/0/0 Site Elevation: 0.0 ft Primary Zone Strip Width: 2a: 18/3/10 Parts / Portions Zone Strip Width: Walls, a: 9/1/13 Roof(s), 0.6h: 13/8/11 Velocity Pressure: qz: 23.99, (C&C) 23.99 psf Material Dead Weight Roof Covering + Second. Dead Load: Varies Frame Weight (assumed for seismic)2.50 psf Snow Load Ground Snow Load: pg: 30.00 psf Flat Roof Snow: pf: 21.00 psf Design Snow (Sloped): ps: 21.00 psf Rain Surcharge: 0.00 psf Specified Minimum Roof Snow: 20.00 psf (Code) Exposure Factor: 2 Partially Exposed - Ce: 1.00 Snow Importance: Is: 1.000 Thermal Factor: Heated - Ct: 1 00 Ground / Roof Conversion: 0.70 Obstructed or Not Slippery 100 x 120 x 22 / Roof: B /X / Roof Live Load Roof Live Load: 20.00 psf Reducible Seismic Load Lateral Force Resisting Systems using Equivalent Force Procedure Mapped MCE Acceleration: Ss: 5.70 %g Mapped MCE Acceleration: S1: 4.70 %g Site Class: Stiff soil (D) - Default Seismic Importance: Design Acceleration Design Acceleration Ie: 1.0000 Parameter: Sds: 0.0608 Parameter: Sdl: 0.0752 Seismic Design Category: B Seismic Snow Load: 0.00 psf % Snow Used in Seismic: 0.00 Diaphragm Condition: Flexible Fundamental Period Height Used: 23/10/6 Transverse Direction Parameters System NOT detailed for Seismic Redundancy Factor: Rho: 1.00 Fundamental Period: Ta: 0.3543 R-Factor: 3.00 Overstrength Factor: Omega: 2.50 Deflection Amplification Factor: Cd: 3.00 Base Shear: V: 0.0203 x W Longitudinal Direction Parameters System NOT detailed for Seismic Redundancy Factor: Rho: 1.00 Fundamental Period: Ta: 0.2159 R-Factor: 1.25 Overstrength Factor: Omega: 2.50 Deflection Amplification Factor: Cd: 3.00 Base Shear: V: 0.0486 x W 100 x 120 x 22 / Roof: A / / / / / / 100 x 120 x 22 Wall 4 - Canopy 1 / / / / / / / / / / / / / / / / / / / / / / \ / / / / / / / ss a CO -z . DELANEY • = SNYDER Z P28778 • m '/,,, /OW \\" PERMIT SET- For Building Dept. Approval License Expires: December 31 st, 2025 The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 CODES AND LOADS Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 2 VPC Filename: 25-024374-01 11/3/2025 15:05:06 a division of BlueScope Buildings North America, Inc. Page 98 of 736 BUILDER/CONTRACTOR RESPONSIBILITIES Butler Mfg. follows the guidelines as outlined in the AISC and MBMA Codes of Standard Practice. Butler Mfg. standard product specifications, design, fabrication, quality criteria shall govern all work unless stipulated otherwise in the contract documents. In case of discrepancies between Butler Mfg. structural plans and plans for other trades, Butler Mfg. structural plans shall govern. It is the responsibility of the Builder to obtain approvals and permits from all governing agencies and jurisdictions as required. Approval of Butler Mfg drawings constitutes the builders acceptance of Butler interpretation of the contract purchase order. Unless specific design criteria concerning interface design and details are furnished as part of the contract, Butler Mfg. design assumptions shall govern. Butler engineers are not Project Engineers or Engineer of Record for the overall project. Butler engineering supply sealed engineering design data and drawings for Butler supplied material as part of the overall project for use by others to obtain permits, approvals, and coordinate with other trades. All interface and/or compatibility of any materials not furnished by Butler are to be considered and coordinated by the builder or NE firm. CONSTRUCTION & ERECTION RESPONSIBILITY The Builder is responsible for construction in strict accordance with Butler Mfg. "FOR CONSTRUCTION" drawings and all applicable product installation guides. Butler is not responsible for work done from any other Butler drawings that are not marked "FOR CONSTRUCTION", nor any drawings prepared by others. As erected field assemblies of members shall be as specified in MBMA Code of Standard Practice (in Canada - CSA S16), which require L/500 tolerance of installed members. Occasional field work including shimming, cutting, coping, and drilling for final fit -up are considered part of erection. Specified field work and field welding conditions indicated on these drawings shall also be included in the erectors scope of work. See Erection Guide for shimming procedure. For building with top riding bridge cranes see Crane Data drawing for column plumb tolerance. The building erector shall be properly licensed and experienced in erecting metal building systems. The Builder is responsible for having knowledge of, and shall comply with, all OSHA requirements and all other governing site safety criteria. The builder is responsible for designing, supplying, locating and installing temporary supports and bracing during erection of the building. Butler bracing is designed for code required loads after building completion and shall not be considered as adequate erection bracing. See Erection Guide. Shimming of steel buildings during erection may be required to accomodate allowable tolerances during fabrication and erection. Special care should be taken by the building erector to shim connections where key dimensions must be maintained for building performance as even small tolerances can have a significant impact on critical dimensions such as height, clearances and plumbness, especially as the size of the member or building increases. Conditions where shimming should be expected can include but are not limited to large door openings, critical clear height requirements, cranes, buildings greater than 45 feet in height, clear spans greater than 125 feet and adjacent frames with different characteristics (like clear span frames adjacent to an endwall or modular frame). Shims are normally provided by the erector, but may be ordered upon request by contacting your Project Manager. EXISTING STRUCTURES Butler must be advised of any structure that is within 20 ft. of Butler's building. Load effects from snow drifting, wind effects, and seismic separation must be considered for both the new and existing structures. Butler has designed the new Butler building for these effects. The owner/builder are responsible for employing a Professional Engineer to review and verify the existing structure for all load effects from the adjacent Butler building. BRACING Tension brace rods work in pairs to balance forces caused by initial tensioning. Care must be taken while tightening brace rods so as not to cause accidental or misalignment of components. All rods must be installed loose and then tightened. Rods should not exhibit excessive sag. For long or heavy rods, or angles it may be necessary to support the rods at mid -bay by suspending them from secondary members. Bracing for seismic or wind loading of objects or equipment that are not a part of the Butler structure must be designed by a qualified professional to deliver lateral loads to primary frames and rod bracing struts. Equipment bracing and suspension connections must not impose torsion or minor axis loads, or cause local distortion in any Butler components. Butler accepts no responsibility for design or installation of bracing systems not furnished by Butler. FIELD WELDING All field welding shall be done at the direction of a design professional, and done in accordance with governing requirements (AWS in USA, CWB in Canada) by welders qualified to perform the welding as directed by the applicable welding procedure specification (WPS). A WPS shall be prepared by the contractor for each welding variation specified. The contractor is responsible for any special welding inspection as required by local jurisdiction. Filler metal shall be 70 ksi (480 MPa) tensile strength. For welds in high seismic force resisting system (Seismic Cat D, E or F), minimum Charpy V-Notch toughness shall meet AISC-341 criteria (20 ft-Ibs min @ ODeg F). Interpass temperatures shall not exceed 550Deg F (300Deg C). SIGNAGE The Builder is responsible for furnishing signs as required by Code and the Building Department, including but not limited to, exits, occupancy limits, floor loading limits, and bulk storage limits. Floor loading signs shall clearly indicate maximum floor live load permitted. Bulk storage facilities shall have signs clearly posted on all loaded walls indicating the type of commodity stored and the maximum storage height. Signs shall be clearly visible when building is fully loaded to design level. Overloading of floors or walls may result in failure. DELIVERIES It is the responsibility of the builder to have adequate equipment available at the job site to unload trucks in a safe and timely manner. The Builder will be responsible for all retention charges from carriers as a result of job site unloading delays. Claims for damage or shorts MUST be noted on the Bill -of -Lading or delivery receipt and filed against the carrier by the consignee as per Butler's Terms of Sales (F.O.B. Plant) under the Uniform Commercial Code. It is critical that damages or shorts be noted on the Bill -of -Lading or you have little recourse with the carrier. Immediately upon delivery of material, material quantities are verified by the Builder against quantities billed on the shipping document. Neither the Manufacturer nor the carrier is responsible for material shortages against quantities billed on the shipping document if such shortages are not noted on the shipping documents upon delivery of material and acknowledged by the carriers agent. For materials concealed in bundles, boxes, or crates, shortages must be reported immediately upon unpacking. Should products get wet, bundled and crated materials must be unpacked and unbundled immediately to provide drainage of trapped moisture. See Erection Guide for proper job site storage procedure. SEALANTS Sealants shall be applied in strict accordance with Butler details or weather tightness will be compromised. Sealant must be applied in temperatures and weather conditions consistent with labeling. INDEPENDENT MEZZANINES Independent mezzanines must be designed by a professional engineer. The engineer must ensure that proper isolation from the Butler building has been provided to avoid structural damage due to differential movements, or inadvertently apply loads to the Butler structure. Butler accepts no responsibility for the design of the independent mezzanine. FIRE CODE COMPLIANCE It is the responsibility of the project design professional and builder to comply with local fire code regulations including consideration of, but not limited to, building use and occupancy, all building construction materials, separation requirements, egress requirements, fire protection systems, etc. Builder shall advise Butler of any special requirements to be furnished by Butler. FIELD MODIFICATIONS Modifications to this building from details and instructions contained on these drawings must be approved in writing by Butler Mfg. engineers, or other licensed structural engineer. This includes, but is not limited to, removal of roof or wall cladding, removing or moving any flange braces or rod braces, cutting of openings for doors, windows or RTU's, correction of fabrication errors, etc. The owner shall not impose loads to this structure beyond what is specified for this building in the contract documents. Butler Mfg. accepts no responsibility for the consequences of any unauthorized additions, alterations, or added loads to this structure. If the builder intends to invoice Butler Mfg. for modifications in excess of $1000, The builder must notify Butler Mfg. immediately, and obtain a Work Authorization from Butler Mfg prior to proceeding. All final claims must be submitted to Butler Mfg with all supporting documentation within 30 days of the building completion. Claims submitted without work authorizations, or after 30 days will not be accepted. Correction of minor misfits, shimming and plumbing, moderate amount of reaming, drilling, chipping / cutting and minor welding are considered by Code of Standard Practice to be part of erection are not subject to claim reimbursement. CONCRETE/MASONRY/CONVENTIONAL STUD WALLS The engineer responsible for the design of the wall system is responsible for coordinating with, or specifying to Butler Mfg, any wall to steel compatibility issues such as drift and deflection compatibility, special base details, and wall to Butler steel connections. All fasteners, sealant and counter flashing of wall systems are to be provided by contractor. The engineer responsible for the wall shall design the anchorage to Butler supporting elements consistent with Code required forces. PANELS Oil canning is an inherent characteristic of cold formed steel panels. It is the result of several factors that include induced stresses in the raw material delivered to Butler, fabrication methods, installation procedures, and post installation thermal forces. Thru fastened panels will exhibit some dimpling when installed, especially when insulation is installed between panels and secondary supports. Dimpling can be minimized by careful installation, taking care not to over drive fasteners. Roof rumble is a phenomenon that is caused by wind gusts lifting up on the roof panels and then springing back into place. All panels experience this action to some degree, especially with concealed clip Standing Seam panels. Roof rumble noise may be minimized by providing a layer of blanket insulation between the panels and any hard support surface such as steel secondary members, substrates such as plywood, steel decking, or rigid board insulation. A minimum of 3 inch thick blanket is recommended over steel secondary members, or 2 inch over substrates. Oil canning, dimpling, and roof rumble do not affect the structural integrity or weather tightness of the panels and is not grounds for rejection of panels. The Standing Seam joint detail is designed with an interlocking feature for ease of installation. However, it is imperative that installed Standing Seam panels be secured to the secondary structural members and properly seamed prior to departure from the job site each day. SKYLIGHTS Local building departments may require added fall restraint due to conditions that may affect the skylight structural integrity. It is the responsibility of the builder to determine and provide any added fall restraint under the skylight as may be required by your building department. RAIN WATER RUNOFF Drainage systems must be designed by the project professional to comply with code requirements. Butler is not responsible for drainage designs, overflow scuppers, down piping, etc. The project professional and contractor are responsible to ensure that primary drains and overflow devices such as scuppers and auxiliary drains are provided as required for the required rain intensity at the building perimeter and at valley conditions to prevent ponding. STEEL SHOP COAT The purpose of Butler's shop coat is to provide protection for the steel members during transportation, during temporary job site storage and during erection. Standard shop formulation is not designed to perform as a finish coat when exposed to environmental conditions. Members shall be kept free of the ground and properly drained during job site storage. It is the Builder's responsibility to ensure that if a finish coat is being applied over Butler shop coat that the painting contractor verifies compatibility between his finish coat and Butler's shop coat. BUTLER MFG. ACCREDITATIONS AND APPROVALS Fabricator Approvals IAS AC472 Approvals: (www.iasonline.org/services/metal-building-inspection) Listed under BlueScope Buildings North America, Inc. City of Los Angeles, CA #FB00031; City of Houston, TX 767; City of Phoenix, AZ C19-02008; Clark County, NV 43 & 833, San Bernardino County, CA 289, State of Utah, City of Richmond, Ca. Design Approvals IAS AC472 Approvals: (www.iasonline.org/services/metal-building-inspection) Listed under Butler Manufacturing, a Division of BlueScope Buildings North America, Inc. Canadian CSA A660 Certifications (www.cwbgroup.org) Listed under BlueScope Buildings North America, Inc. Engineering Certifications of Authorization USA--AL#CA-5589-E; AZ#22225-0; AR#576; FL#30427; GA#PEF007551; ID#C-2470; IL#184-002649; KS#E-29; KY#4490; LA#EF6722; MS#E-0592; MO#E-2010007736; NC#F-0998; ND#1579PE; NJ#24GA28318800; NV#20437; OH#05898; OK#CA4170PE; RI#8838; SC#6206; SD#C-1787; TX#F4828; VA#0411001520; VA#0411001518; WA#4119; WV#C03059-00 CAN--AB#P08900; NB#F0951; NL#D0044; NS#30123; NT#P062; ON#100148796; and YT#PP134 o ��I1111/,� \\\\ FESSi0N//' DELANEY = z SNYDER Z _ v '• P28778 :',r > ...... •.• PERMIT SET- For Building Dept. Approval • License Expires'. December 31st, 2025 The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 ERECTION NOTES Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 �aurLEli Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 3 VPC Filename: 25-024374-01 11/3/2025 15:05:08 a division of BlueScope Buildings North America, Inc. Page 99 of 736 f Dim. A Dim. A 2 1/2" 64mm WIDTH 4mm/, 9- L!T 4" t 5" 102mm 127mm E v to E E CO LrI E a 2 1/2" 64mm x z w J E E in E WIDTH t 1,2 4m/m1 9- m 'c w £ 0 LENGTH Dim. C Dim. D GROUT SECTION x 0 EE AR1 (4)3/4" Dia. Max Plate W=8",L=1'-1", Min Thk=3/8" Dim: A=1'-0" Elev.=100'-0" AR12 (4) 3/4" Dia. Max Plate W=8",L=1'-1", Min Thk=3/8" Dim: A=5 1/8" Elev.=100'-0" AR27 (4)1 1/4" Dia. Max Plate W=1'-0",L=1'-1", Min Thk=1/2 Dim: A=1'-0" Elev.=100'-0" D1 (4) 1" Dia. Max Plate W=9",L=1'-7", Min Thk=1" 'Dim: A=9 3/4" B=1'-1" C=1 3/4" D=1 3/4" E=4" Elev.=100'-2" NUT — 4" (102mm) PROJECTION HARDENED WASHER BOTTOM OF COLUMN BASE PLATE ELEV. —TOP OF FOUNDATION - CONSIDER ANY SPACE BETWEEN THE FOUNDATION AND COLUMN BASE IN ANCHOR ROD LENGTH REQUIREMENT THE 4" PROJECTION ABOVE THE BOTTOM OF THE BASE PLATE IS A SUGGESTED MINIMUM TO ENSURE ADEQUATE ANCHOR ROD LENGTH. A DIFFERENT PROJECTION MAY BE REQUIRED BY THE FOUNDATION DESIGNER. THE ANCHOR ROD PROJECTION MAY NEED TO BE CUT OFF IF THERE IS INTERFERENCE WITH OTHER PARTS. SUGGESTED ANCHOR ROD PROJECTION 1/2" (13mm) DIAMETER CONCRETE ANCHORS (BY OTHERS) JAMB 1 w 1 1/4" 32mm OPENING WIDTH 1 1/4" 32mm NOTE: 1" (25mm) PROJECTION ABOVE BOTTOM OF JAMB CLIP SEE PLAN FOR JAMB SIZES : J = SIZE JAMB 'EQ.' VALUES: 7 EQ = 2" 51mm, 8.5 EQ = 2 3/4" 70mm 10 EQ = 3 1/2" 89mm, 11.5 EQ = 4 1/4" 108mm FRAMED OPENING DETAIL E E J = SEE PLAN BASE E E 'PLATE- � PROJECTION BOTTOM OF BASE PLATE a n 'a FILL WITH 2" (51mm) NON -SHRINK GROUT AFTER COLUMN IS IN PLACE CI M CI M CI M CI M CI FLOOR LINE LEVELING NUT • W/ STANDARD HARDENED WASHER (TYP) GROUTED BASE REQUIREMENT L VARIES BOTTOM OF COLUMN BASE PLATE STD = 1/2" (13mm) FLUSH = 0" (0mm) TYPICAL COLUMN BASE PLATE DETAIL 1. ANCHOR RODS, NUTS, HARDENED WASHERS AND ANY OTHER EMBEDDED ITEMS ARE TO BE FURNISHED BY CONTRACTOR. 2. ANCHOR ROD DIAMETERS WERE DETERMINED BY ALLOWABLE SHEAR AND TENSION PER AISC SPECIFICATIONS (FY=36KSI). (ASTM F1554 GRADE 36) ANCHOR ROD LENGTH, EFFECTS OF EMBEDDED ANCHOR ROD EDGE DIMENSIONS AND METHOD OF TRANSFERRING FORCES FROM ANCHOR RODS TO FOOTINGS ARE TO BE DETERMINED BY OTHERS. 3. UNLESS OTHERWISE SPECIFIED, ANCHOR RODS ARE DESIGNED AND DETAILED AS "CAST -IN -PLACE" ANCHOR RODS WITH "SNUG TIGHT" CONNECTIONS. 4. FOUNDATION MUST BE LEVEL, SQUARE AND SMOOTH. ANCHOR RODS MUST BE ACCURATELY PLACED AS SHOWN ON THIS DRAWING OR STEEL WILL NOT FIT. THE BUILDER IS RESPONSIBLE FOR ACCURATE SETTING OF ANCHOR RODS PER AISC CODE OF STANDARD PRACTICE, SEC 7.5 VARIATIONS ARE SUMMARIZED BELOW; a. CENTERS OF ANY TWO AR'S WITHIN A COLUMN BASE GROUP; +-1/8" b. CENTERS OF ADJACENT AR GROUPS; +-1/4" c. TOPS OF AR'S; +-1/2" d. ACCUMULATED DIM BETWEEN CENTERS OF AR GROUPS ALONG COLUMN LINE; +-1/4" PER 100FT., NOT TO EXCEED 1" TOTAL. e. DIM FROM CENTER OF ANY AR GROUP FROM COLUMN LINE; +-1/4" 5. DESIGN LOADS AND REACTIONS ARE FURNISHED IN THE REACTIONS REPORT. Anchor Bolt Qty Qty Bolt Diam 40 3/4" 24 1 1/4" 12 1" 2 4'-0" 1 6" nDimension Key 0 O N O N 0 N 16'-0" i 501L- 22' -0" 1 5'-0" 1 16'-0" 1 9'-0" AR12 r 12 AR12 FI--I AR1 H D1 IAR2 7 AR27 D1 H $ H D1 J 1 L � J AR127 ARI27 r t � L + AR271 AR27?t r t J L r AR11 AR12 AR12I AR12 AR1'' 18'-6" 1 5'-0" 6' 6" 1 9'-0" i 29'-6" i 16'-0" 30'-0" I 5'-0" d BL 120 -0" 22'-0" 30'-0" 16'-0" 29'-6" a 9'-0" ANCHOR ROD PLAN Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 0 N 0 N 0 N FOR CONSTRUCTION co =w J• DELANEY SNYDER P28778 1, /O W P License Expires'. December 3151, 2025 <*> The building is designed with bracing diagonals in the designated bays. Column base reactions, base plates and anchor rods are affected by this bracing and diagonals may not be relocated without consulting the building suppliers engineer. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 ANCHOR ROD PLAN Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 Date: 10/3/2025 Drawn/Check: J.J. Page: 4 Drawing Scale: NTS Builder's PO#: Page 100 of 736 Bracing Part Schedule Part 03RS3905 04RS3705 04RS3701 04RS3905 05RS3708 1 Qty 2 1 1 2 2 6" Dimension Key Length 39'-5" 37'-5" 37'-1" 39'-5" 37'-8" Detail BRO1G2 BRO1G2 BRO1G2 BRO1G2 BRO1G2 n lJ 0 10 N 0 10 N CXoo2 CX004 CX006 CX006 H Cx010 ra CX001 29'-6" I H cxolo t N CX003 ao CX005 Io 30'-0" k 30'-0" 29'-6" BL 120 -0" I I CX009 I EPX004 r-I r-I EPX002 EPX003 t 0 0 vCX007 CX008 PRIMARY AND ROOF BRACING PLAN Shape Name = 100 x 120 x 22 BL 0 10 N 0 10 N 01111/0 ss Q co _ w - 0 >. i DELANEY • = SNYDER Z P28778 • m '/,,, /OW PERMIT SET- For Building Dept. Approval License Expires: December 31 s[, 2025 1. Use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections, secondary clip connections, and flange brace connections, unless noted otherwise. 2. Slot reinforcement plates need not be located on the same side of the web as the hillside washer. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 PRIMARY AND ROOF BRACING PLAN Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 5 VPC Filename: 25-024374-01 11/3/2025 15:05:10 a division of BlueScope Buildings North America, Inc. Page 101 of 736 °Bolt Connection & Plate Schedule Frame Member Schedule Part Mem Width Thick CBX001 10001 CX001 1 RBX001 2 3 4 RBX002 5 6 RBX003 7 8 9 CX002 10 EPX001 11 EPX002 12 EPX003 13 12 11 10 9 8 7 6 5 4 3 2 1 5.0000 6.0000 5.0000 5.0000 5.0000 5.0000 5.0000 5.0000 5.0000 5.0000 6.0000 6.0000 6.0000 6.0000 21'-10 1/2" .1875 .5000 .1875 .1875 .1875 .1875 .1875 .1875 .1875 .1875 .3750 .2500 .3750 .2500 4'-0 1/16" 0.4750:12 23'-10 1/4" Ridge Ht. 2'-10 5/8" 4'-4 1/2" 2 @ 5'-0" 2 @ 4'-5 9/16" 1'-1 3/8" 3'-8 1/2" 3'-6" 8 1/2" 21'-8 5/8" 4'-0" Dimension Key WebThk. .1345 .1875 .1345 .1345 .1345 .1345 .1345 .1345 .1345 .1345 .1875 .1644 .1644 .1644 CBX001 Depthl 10" 1'-0" 1'-4" 1'-0" 1'-0" 1'-0" 1'-1 7/8" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0" 0 U Depth2 10" 1'-0" 1'-0" 1'-0" 1'-0" 1'-1 7/8" 1'-0" 1'-0" 1'-0" 1'-4" 1'-0" 1'-0" 1'-0" 1'-0" 0 fA 44 U' Approx.Lgth 6'-1 7/8" 21'-1 1/4" 44'-3 13/16" 8'-0 3/4" Approx.Weight Detail 71# 634# 551# 116# 44'-4 9/16" 550# 21'-1 1/4" 21'-0 1/2" 21'-10 5/16" 21'-0 1/2" RBX001 510# 377# 498# 376# 0 0 0 C7 BR25CA BR25CA BR25CA �J 50'-0 1/2" 0.4750:12 8 GFB2050<S> E Id Qty Grade Bolt Bolt Dia. Length A 8 A325 1/2" 1 1/2" B 4 A325 3/4" 2 1/2" C 4 A325 3/4" 2 1/2" D 8 A325 3/4" 2 1/2" E 4 A325 1/2" 1 1/2" <S> - (2) Washers (095872) req'd @ 5'-0" GFB2050<S> Plate Rows Rows Thick. Out In 1/2" 3/8" 3/8" 3/8" at Flange 1 1 2 1 Brace PartNo - 49080 1 0097284 1 0097284 2 0097284 1 49080 to Secondary. 6 A rn v O N RBX002 6 A rn v 0 RBX003 O 50'-0 1/2" 0.4750:12 8 @ 5'-0" GFB2050<S> E a GFB2050<S> Frame Clearances Horiz. Clearance between members 1(CX001) and 10(CX002): 96'-6 15/16" Vert. Vert. Vert. Vert. Vert. Clearance Clearance Clearance Clearance Clearance at at at at at member member member member member 1(CX001): 19'-8 13/16" 10(CX002): 19'-8 13/16" 11(EPX001): 21'-0 3/8" 12(EPX002): 21'-10 5/16" 13(EPX003): 21'-0 3/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) O O N fA 44 0 U' 0 t O N 44 N W 0 W r- - 0 25' 0" CL 25' 0" BL CL 100' 0" 25'-0" CL 25' IT FRAME CROSS SECTION AT FRAME LINE(S) 1 Shape Name = 100 x 120 x 22 Wall 4, Frame 1 BL 01111/0 \QOFESS/ONE. a z w 0• DELANEY • = SNYDER Z P28778 • m '/,/ /OW t \\\ PERMIT SET- For Building Dept. Approval License Expires: December 31 s[, 2025 1. Use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections, secondary clip connections, and flange brace connections, unless noted otherwise. 2. Slot reinforcement plates need not be located on the same side of the web as the hillside washer. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 FRAME CROSS SECTION AT FRAME LINE(S) 1 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 6 VPC Filename: 25-024374-01 11/3/2025 15:05:11 a division of BlueScope Buildings North America, Inc. Page 102 of 736 °Bolt Connection & Plate Schedule Frame Member Schedule Part Mem Width Thick CBX002 10001 5.0000 CX003 1 10.0000 RBX004 2 6.0000 3 6.0000 4 6.0000 RBX005 5 6.0000 6 6.0000 7 6.0000 CX004 8 10.0000 13 12 11 10 9 8 7 6 5 4 3 2 1 .1875 .6250 .6250 .3750 .5000 .5000 .3750 .6250 .6250 WebThk. .2500 .1875 .2500 .1644 .1875 .1875 .1644 .2500 .1875 IMPORTANT NOTE: - FLANGE BRACES MUST ALL FACE TO THE RIGHT ENDWALL WHEN LOOKING FROM WALL 4 TO WALL 2 - FIRST THREE PURLINS FROM LOW EAVE REQUIRE DOUBLE SIDED FLANGE BRACES. 4'-0 1/16" 0.4750:12 23'-10 1/4" Ridge Ht. 2'-10 5/8" 4'-4 1/2" 2 @ 4'-5 9/16" 1'-1 3/8" 3'-8 1/2" 8" 2 @ 5'-0" 3'-6" 8 1/2" 21'-8 5/8" 4'-0" Dimension Key CBX002 Depthl 10" 1'-0" 4'-0" 2'-0" 2'-0" 2'-8" 2'-0" 2'-0" 1'-0" Approx.Weight 96# 1475# 2047# 2047# 1446# 50'-0 1/2" 0.4750:12 8 Id Qty Grade Bolt Dia. A 8 A325 1/2" B 12 A325 7/8" C 10 A325 7/8" @ 5'-0" Bolt Plate Rows Rows PartNo Length Thick. Out In 1 1/2" - - - 49080 3 1/2" 3/4" 4 2 0097380 3 1/2" 1/2" 1 4 0097380 Depth2 10" 3'-2" 2'-0" 2'-0" 2'-8" 2'-0" 2'-0" 4'-0" 3'-2" (2)GFB5077 Approx.Lgth 6'-1 7/8" 21'-2 1/4" 46'-3 3/4" 46'-3 3/4" 21'-2 1/4" (2) HFB4071 R2,0p4 (2) GFB3000 BL 100' 0" 50'-0 1/2" 0.4750:12 8 @ 5'-0" RBX005 a � o (2) GFB3000 Frame Clearances Horiz. Clearance between members 1(CX003) and 8(CX004): 92'-2 15/16" Vert. Clearance at member 1(CX003): 17'-1 13/16" Vert. Clearance at member 8(CX004): 17'-1 13/16" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) (2)HFB4071 (2)GFB5077 0 U a m r4 m ww 0 1-1 FRAME CROSS SECTION AT FRAME LINE(S) 2 Shape Name = 100 x 120 x 22 Wall 4, Frame 2 BL 01111/0 \QOFESS/ONE`,: • L ;' DELANEY : 6 - z SNYDER z _ o P28778 ;• m \ PERMIT SET- For Building Dept. Approval License Expires:December 31 st, 2025 1. Use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections, secondary clip connections, and flange brace connections, unless noted otherwise. 2. Slot reinforcement plates need not be located on the same side of the web as the hillside washer. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 FRAME CROSS SECTION AT FRAME LINE(S) 2 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 7 VPC Filename: 25-024374-01 11/3/2025 15:05:13 a division of BlueScope Buildings North America, Inc. Page 103 of 736 Frame Member Schedule Part Mem Width Thick WebThk. Depthl CBX002 10001 5.0000 .1875 .2500 10" CX005 1 10.0000 .6250 .1875 1'-0" RBX006 2 6.0000 .6250 .2500 4'-0" 3 6.0000 .3750 .1644 2'-0" 4 6.0000 .5000 .1875 2'-0" RBX007 5 6.0000 .5000 .1875 2'-8" 6 6.0000 .3750 .1644 2'-0" 7 6.0000 .6250 .2500 2'-0" CX006 8 10.0000 .6250 .1875 1'-0" 11 4'-0 1/16" 0.4750:12 10 9 8 7 6 5 4 3 2 1 23'-10 1/4" Ridge Ht. 2'-10 5/8" 2 @ 4'-5 9/16" 1'-1 3/8" 4'-4 1/2" 2 @ 5'-0" 3'-6" 8 1/2" 21'-8 5/8" 4'-0" Dimension Key CBX002 Depth2 10" 3'-2" 2'-0" 2'-0" 2'-8" 2'-0" 2'-0" 4'-0" 3'-2" (2)GFB5077 { Approx.Lgth 6'-1 7/8" 21'-2 1/4" 46'-3 3/4" 46'-3 3/4" 21'-2 1/4" (2)HFB4071 RBXp06 Approx.Weight 96# 1444# 2047# 2047# 1446# 50'-0 1/2" 0.4750:12- 8 (2)GFB3000 °Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In A 8 A325 1/2" 1 1/2" - - - 49080 B 12 A325 3/4" 2 1/2" 3/4" 4 2 0097284 C 10 A325 3/4" 2 1/2" 1/2" 1 4 0097284 D 12 A325 7/8" 3 1/2" 3/4" 4 2 0097380 @ 5'-0" r 50'-0 1/2" 0.4750:12 8 @ 5'-0" I(2)GFB3000 RBX007 Frame Clearances Horiz. Clearance between members 1(CX005) and 8(CX006): 92'-2 15/16" Vert. Clearance at member 1(CX005): 17'-1 13/16" Vert. Clearance at member 8(CX006): 17'-1 13/16" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) 4- (2)HFB4071 '(2)GFB5077 BL 100' 0" FRAME CROSS SECTION AT FRAME LINE(S) 3 Shape Name = 100 x 120 x 22 Wall 4, Frame 3 BL PERMIT SET- For Building Dept. Approval DELANEY • = SNYDER z P28778 • 1-77 m License Expires: December 31 s[, 2025 1. Use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections, secondary clip connections, and flange brace connections, unless noted otherwise. 2. Slot reinforcement plates need not be located on the same side of the web as the hillside washer. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 FRAME CROSS SECTION AT FRAME LINE(S) 3 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 8 VPC Filename: 25-024374-01 11/3/2025 15:05:14 a division of BlueScope Buildings North America, Inc. Page 104 of 736 Frame Member Schedule Part Mem Width Thick WebThk. Depthl CBX002 10001 5.0000 .1875 .2500 10" CX007 1 10.0000 .6250 .1875 1'-0" RBX008 2 6.0000 .6250 .2500 4'-0" 3 6.0000 .3750 .1644 2'-0" 4 6.0000 .5000 .1875 2'-0" RBX009 5 6.0000 .5000 .1875 2'-8" 6 6.0000 .3750 .1644 2'-0" 7 6.0000 .6250 .2500 2'-0" CX006 8 10.0000 .6250 .1875 1'-0" 11 4'-0 1/16" 0.4750:12 10 9 8 7 6 5 4 3 2 1 23'-10 1/4" Ridge Ht. 2'-10 5/8" 2 @ 4'-5 9/16" 1'-1 3/8" 4'-4 1/2" 2 @ 5'-0" 3'-6" 8 1/2" 21'-8 5/8" 4'-0" Dimension Key CBX002 Depth2 10" 3'-2" 2'-0" 2'-0" 2'-8" 2'-0" 2'-0" 4'-0" 3'-2" (2)GFB5077 { Approx.Lgth 6'-1 7/8" 21'-2 1/4" 46'-3 3/4" 46'-3 3/4" 21'-2 1/4" (2)HFB4071 RBX008 Approx.Weight 96# 1446# 2047# 2047# 1446# 50'-0 1/2" 0.4750:12- 8 I(2)GFB3000 °Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In A 8 A325 1/2" 1 1/2" - - - 49080 B 12 A325 7/8" 3 1/2" 3/4" 4 2 0097380 C 10 A325 7/8" 3 1/2" 1/2" 1 4 0097380 @ 5'-0" r 50'-0 1/2" 0.4750:12 8 @ 5'-0" I(2)GFB3000 RBX009 Frame Clearances Horiz. Clearance between members 1(CX007) and 8(CX006): 92'-2 15/16" Vert. Clearance at member 1(CX007): 17'-1 13/16" Vert. Clearance at member 8(CX006): 17'-1 13/16" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) 4- (2)HFB4071 (2)GFB5077 -0 BL 100' 0" FRAME CROSS SECTION AT FRAME LINE(S) 4 Shape Name = 100 x 120 x 22 Wall 4, Frame 4 BL 01111/0 \OFESS/ONE`,'. a _co -z W - 0• * ' ••........• ' '/ /O PERMIT SET- For Building Dept. Approval DELANEY • = SNYDER z P28778 • 1-77 m License Expires: December 31 s[, 2025 1. Use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections, secondary clip connections, and flange brace connections, unless noted otherwise. 2. Slot reinforcement plates need not be located on the same side of the web as the hillside washer. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 FRAME CROSS SECTION AT FRAME LINE(S) 4 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 9 VPC Filename: 25-024374-01 11/3/2025 15:05:16 a division of BlueScope Buildings North America, Inc. Page 105 of 736 °Bolt Connection & Plate Schedule Frame Member Schedule Part Mem Width Thick CBX001 10001 CX008 1 RBX010 2 3 4 RBX011 5 6 RBX012 7 8 9 CX009 10 EPX003 11 EPX002 12 EPX004 13 5.0000 6.0000 5.0000 5.0000 5.0000 5.0000 5.0000 5.0000 5.0000 5.0000 6.0000 6.0000 6.0000 6.0000 .1875 .5000 .1875 .1875 .1875 .1875 .1875 .1875 .1875 .1875 .5000 .2500 .3750 .2500 11 4'-0 1/16" 0.4750:12 10 9 8 7 6 5 4 3 2 1 23'-10 1/4" Ridge Ht. 2'-10 5/8" 2 @ 4'-5 9/16" 1'-1 3/8" 4'-4 1/2" 2 @ 5'-0" 3'-6" 8 1/2" 21'-8 5/8" 4'-0" Dimension Key WebThk. .1345 .1875 .1345 .1345 .1345 .1345 .1345 .1345 .1345 .1345 .1875 .1644 .1644 .1644 CBX001 Depthl 10" 1'-0" 1'-4" 1'-0" 1'-0" 1'-0" 1'-1 7/8" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0" Depth2 10" 1'-0" 1'-0" 1'-0" 1'-0" 1'-1 7/8" 1'-0" 1'-0" 1'-0" 1'-4" 1'-0" 1'-0" 1'-0" 1'-0" Approx.Lgth 6'-1 7/8" 21'-1 1/4" 44'-3 7/8" 8'-0 3/4" Approx.Weight Detail 71# 619# 551# 116# 44'-4 9/16" 552# 21'-1 1/4" 21'-0 1/2" 21'-10 5/16" 21'-0 1/2" RBX010 620# 376# 498# 377# O Ln O 44 0 C7 BR25CA BR25CA BR25CA �J 50'-0 1/2" 0.4750:12 8 GFB2050<S> D Id Qty Grade Bolt Bolt Dia. Length A 8 A325 1/2" 1 B 4 A325 3/4" 2 C 4 A325 3/4" 2 D 4 A325 1/2" 1 <S> - (2) Washers (095872) @ 5'-0" GFB2050<S> 1/2" 1/2" 1/2" 1/2" req'd Plate Rows Rows PartNo Thick. Out In - - - 49080 1/2" 1 1 0097284 3/8" 1 1 0097284 3/8" 1 1 49080 at Flange Brace to Secondary. O 0 O 44 fA U' 7 IGFB2056<S> 7 GFB205 <S> RBX011 RBX012 O 50'-0 1/2" 0.4750:12 8 @ 5'-0" GFB2050<S> D GFB2050<S> O Ln 0 44 PO 0 C7 Frame Clearances Horiz. Clearance between members 1(CX008) and 10(CX009): 96'-6 15/16" Vert. Vert. Vert. Vert. Vert. Clearance Clearance Clearance Clearance Clearance at at at at at member member member member member 1(CX008): 19'-8 13/16" 10(CX009): 19'-8 13/16" 11(EPX003): 21'-0 3/8" 12(EPX002): 21'-10 5/16" 13(EPX004): 21'-0 3/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) O Ln 0 fA 44 0 U' 0 44 fA U' 25'-0" CL 25' 0" BL CL 100' 0" 25'-0" CL 25' IT FRAME CROSS SECTION AT FRAME LINE(S) 5 Shape Name = 100 x 120 x 22 Wall 4, Frame 5 BL 01111/0 \QOFESS/pN�`,'. a CO -z -0'. DELANEY • 0 = SNYDER Z P28778 • m '/,/ /OW t \\\ PERMIT SET- For Building Dept. Approval License Expires:December 31 st, 2025 1. Use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections, secondary clip connections, and flange brace connections, unless noted otherwise. 2. Slot reinforcement plates need not be located on the same side of the web as the hillside washer. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 FRAME CROSS SECTION AT FRAME LINE(S) 5 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 10 VPC Filename: 25-024374-01 11/3/2025 15:05:17 a division of BlueScope Buildings North America, Inc. Page 106 of 736 COLUMN OR BEAM WEB ROD —***- ��') HEX NUT _.';1 �L 1 WASHER "A" �l�ll�ll\hll WASHER "B" In HILLSIDE WASHER WEB REINFORCEMENT PLATE (IF PRESENT) MAY BE SHOP WELDED ON EITHER SIDE OF THE WEB. DESCRIPTION/PART NO ROD DIAM NUT HARD STEEL ROUND WASHER A HARD STEEL WASHER B HILLSIDE WASHER 3/8" 95321 3/8" FLAT WASHER (96408) 1/2" BEVEL SQUARE WASHER (46040) 1/2" 95230 1/2" FLAT WASHER (95872) 3/4" FLAT ROUND WASHER (95946) 543334 5/8" 95233 5/8" FLAT WASHER (95945) 3/4" 95235 3/4" FLAT WASHER (95946) 543335 7/8" 95237 7/8" FLAT WASHER (95947) 1" FLAT ROUND WASHER (95948) 1" 95238 1" FLAT WASHER (95948) 1 1/8" FLAT ROUND WASHER 1 1/8" 95239 1 1/8" FLAT WASHER (95949) (95949) 543336 REV. DATE;08/02/17 REV. NO. 04 ROD BRACE WEB SLOT ASSEMBLY BRO1 G2 BASIC ERECTION GUIDE REQUIRED FOR THIS PROJECT: REFER TO: REV. DATE:01/30/14 REV. NO. 00 ENB002 WIDESPAN STRUCTURAL SYSTEM 2013 INSTALLATION GUIDE BASIC ERECTION GUIDE — STRUCTURAL 1. Use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections, secondary clip connections, and flange brace connections, unless noted otherwise. 2. Slot reinforcement plates need not be located on the same side of the web as the hillside washer. BRACE LOCATION FIELD NOTE THE BUILDER WILL HAVE TO FIELD REAM -OUT THE 9/16" DIAM. HOLE IN THE SECONDARY MEMBERS TO 13/16" DIAM. HOLES. (FOR THE 12MDB_ FLANGE BRACE WITH A 3/4" X 2 1/2" A325 BOLT WHEN REQUIRED.) FLANGE BRACE REQUIREMENTS: g FRAME BRACE LOCATION CLIP REQ'D W/ THICK FLANGES ROOF SECONDARY MEMBER FLANGE BRACE (GFB—) OR (HFB—) FLANGE BRACE WILL TYPICALLY CONNECT TO THE WEB OF THE FRAME MEMBER. ALTERNATE CONNECTIONS RULE#1— ALL FLANGE BRACES ON CROSS SECTIONS MUST BE INSTALLED. RULE#2— SINGLE FLANGE BRACES ARE REQUIRED WHEN PART MARK ON CROSS SECTION IS NOT ACCOMPANIED BY (2). RULE#3— FLANGE BRACES ARE REQUIRED BOTH SIDES OF THE FRAME WEB WHEN PART MARK IS ACCOMPANIED BY (2). RULE#4— WHENEVER POSSIBLE, PLACE SINGLE BRACES TOWARD THE CENTER OF THE BUILDING. RULE#5— WHENEVER POSSIBLE, PLACE ALL SINGLE BRACES ON THE SAME SIDE OF THE FRAME WEB. ** 10" & 11 1/2" PURLINS REQUIRE 3 BOLTS AT EACH END OF PURLIN LAP. REV. DATE:05/08/18 REV. NO.02 BRO6AE 1/2" x 1 1/2" A325 BOLTS (49080) FILL ALL HOLES ENDPOST REV_ DATE 07/01/09 REV. NO. 00 PF10C2 TYPICAL FLANGE BRACE CONNECTIONS CONT. PURLIN LAP SHOWN, CONT. GIRT & SIMPLE PURLIN RAKE BEAM OUTSET GIRTS 1'-3" AT 10" & 1 1 1/2" E.W. GIRTS 1'-0" AT 7" & 8 1/2" E.W. GIRTS 6" AT ALL INSET GIRTS RAKE BEAM CONNECTION TO ENDPOST The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. PURLIN ENDPOST REV. DATE:11/16/15 REV. NO.03 BR25CA 1/2" A325 BOLTS (49080) 8 PER BEAM CONNECTION REV. DATE:11/17/17 NOTE: ALL BOLTS TO BE 1/2" X 1 1/2" A325 BOLTS (4908D) (U.N.0.) 1/2" X 1 1/2" A325 BOLTS (49080) WITH HARDENED WASHER (095872) EACH SIDE (TYP AT PURLIN END OF BRACE) FLANGE BRACE (GFB— OR HFB—) RAKE BEAM ENDPOST TOP BETWEEN PURLINS NO CAP CHANNEL — BRACED TO PURLINS ONLY PIGGYBACK CANOPY BEAM NOTE: WHEN INSTALLING ROOF PANEL STRUCTURAL FASTENERS, AVOID FASTENING THRU PIGGYBACK CANOPY BEAMS. REV. NO. 01 PF20C1 HAUNCH MEMBER PIGGYBACK CANOPY BEAM ATTACHMENT TO INTERIOR FRAME This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. WIND POST (2) A325 BOLTS FLANGE BRACE (HFB3060) PRIMARY FRAME 1/2" x 1 1/2" A-325 BOLT (49080) TYP. NOTES: 10 FIELD DRILL 9/16" HOLES IN PRIMARY AND WIND POST WEBS FOR FLANGE BRACE CONNECTIONS. 02 DRILL 9/16" HOLE IN WIND POST WEB APPROX. 2" FROM OUTSIDE FLANGE AND APPROX. 6" FROM TOP OF WIND POST. REV. DATE:09/30/19 REV. NO.02 BR26A1 HORIZON TAL CLEARANCE EXTERIOR COLUMN HORIZONTAL SPLICE ROOF c BEAM INTERIOR COLUMN INTERIOR COLUMN SPLICE REV. DATE:08/12/16 REV. NO. 00 PFROO7 D Rev: Date: WIND POST DETAIL CONNECTION TO FRAME r.ROcIF BEAM w U Q Z < HORIZONTAL wCE w CLEARANCE EXTERIOR COLUMN VERTICAL SPLICE BASE PLAT FINISHED FLOOR ELEVATION 100'—O" (TYPICAL UNLESS NOTED OTHERWISE) COLUMN BASE PLATE NOTE: BASE OF COLUMN MAY NOT BE AT FINISHED FLOOR CLEAR HEIGHT DIMENSION WORK POINTS AS SHOWN ON FRAME CROSS SECTION DRAWINGS Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 Description: Drawing Scale: NTS F = FEET I = INCHES E = EIGHTHS G = GAGE 0 = OPERATION C = FIN/COLOR PANEL/COVERING W 1 3 1 1 7 2 6 1 KTD * F F I I EGGOCCC LENGTH CODE INSULATION 1 8 1 3 0 1 0 3 6 0 3 0 W V * * F F F I I I I I I E C C LENGTH WIDTH THK CODE GAGE ADJUST.CODES SECONDARY (SPECIAL) 0 0 1 0 8 Z 1 9 1 1 4 1 7— * * * * * * FF 1 I E GG COUNTER DEPTH& LENGTH GAGE ADJUST. CODES SHAPE ROD BRACING 0 3 R S 2 5 1 0 1 E** F F I I REV. DATE08/2R/12 LENGTH REV. NO. 01 EN50B1 CX*** = COLUMN (PLATE) CGX*** = COLUMN (GAGE) WCX*** = COLUMN (HOTROLL) RBX*** = RAFTER (PLATE) BGX*** = RAFTER (GAGE) WRX*** = RAFTER (HOTROLL) TRX*** = TRUSS RAFTER ICX*** = INTERIOR COLUMN PCX*** = PIPE COLUMN TCX*** = TUBE COLUMN EPX*** = ENDPOST (PLATE) EGX*** = ENDPOST (GAGE) CBX*** = CANOPY (PLATE) CBX*** = PIGGYBACK CANOPY DCC*** 8 1/2" GAGE POST DCE*** = 10" GAGE POST RS = THREADS BOTH ENDS RT = THREADS ONE END — CLEVIS ONE END RU = CLEVIS BOTH ENDS RP = THREAD BOTH ENDS — NO HILLSIDES MARK NUMBER KEY COMMON GENERATED MARK NUMBERS PERMIT SET- For Building Dept. Approval PRIMARY BRACING SED'S Builder: Hauptly Construction Inc. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Builder's PO#: DELANEY SNYDER P28778 NN License Expires': December 31 s[, 2025 3urLEO Butler Manufacturing VPC Version: 25.2.0 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. Page: 11 VPC Filename: 25-024374-01 11/3/2025 SEDSheet 15:05:17 a division of BlueScope Buildings North America, Inc. Page 107 of 736 Secondary Mark El E2 E3 E4 E5 E6 P1 P11 P2 P3 P4 P5 P6 P7 Part Schedule Part 00111CS2911416B3 00211CS2911416B2 10E2811411GGB30 10E2905411GGB30 11E2911411BDB30 11E2911411DDB30 10Z2811411GGB3 10Z3311414B5B3 10Z2905411GGB2 10Z3311412B5B3 10Z3311413B5B3 10Z351141544B2 10Z3311411B5B3 10Z351141644B2 °Part Mark Key 1 GFAP0084 2 001SGA11045 3 001SGA19114 4 001SGA18067 5 RECE08081 6 ECC4 2 1 4'-0" 6" Dimension Key Thick. 0.0680 0.0680 0.1130 0.1130 0.1130 0.1130 0.1130 0.0790 0.1130 0.0980 0.0880 0.0730 0.1130 0.0680 Depth Lap 11 1/2" 11 1/2" 10" 10" 11 1/2" 11 1/2" 10" 10" 10" 10" 10" 10" 10" 10" 3'-10 1/2" 3'-10 1/2" 3'-10 1/2" 2'-10 1/2" 3'-10 1/2" 2'-10 1/2" Detail RSB003,RSB001,PF20C1 RSB003,RSB001,PF20C1 RSB003,RSB001,PF20C1 RSB003,RSB001,PF20C1 RS12PF,RS12PE,RS12PJ RS12PA,RS12PJ RS10N3,RSB001,RSB003,PF20C1 RSO2T1,RS01U1 RSB001,RSB003,PF20C1 RSO2T1,RS01U1 RSO2T1,RS01U1 RS01U1 RSO2T1,RS01U1 RS01U1 P° 1R2B4 o Secondary Bracing Schedule Id Qty Mark No 1 20 CPBRA010602 2 160 CPBB050108(Typ 3 20 CPBB040702 4 19 PBA0409 5 32 PBA0105 6 32 PBA0302 See SED: BRO9PK, BRO9RY, BRO9RZ, BRO9JG, BRO9PH BRO9JR, BRO9JH, BRO9K5, BRO9K2 Spacing 1'-1 3/8" 5'-0" 4'-5 9/16" 4'-5 9/16" 1'-1 3/8" 2'-10 5/8" 1R2B3 1R2B2 1R2B1 0 1/ - 1/ D C /1 P7 /\ 0 1/ - 1/ 0 0 0 /1 P7 /\ ..., i 0 0 M M M M M CD M 0 P6 P3 P (TYP-) P6 P4 (Typ. ) P3 �$5(Typ.0 5(Typ.0 P11 P7 P7 P11 P (Typ-) P4(TYp•) P5(TYp.) P5(TYp.) P3 P3 G 0 aCM M M M M M aCM M aCM °P7° °P7° CD 1 FP 1 1 � "� `� � 1 P 22 �b "� "� � 1 P 23 Awn- � 1 - 4 ,,,,,- lir = F1 E2 E2 P1 BL 1 1B1 29'-6" 1B2 30'-0" 120'-0" 1B3 30' 0" 1B4 29'-6" ROOF SECONDARY PLAN Shape Name = 100 x 120 x 22, Shape = 100 x 120 x 22 DETAILING: ADD PBAS IN ENDBAYS BL 1 PERMIT SET- For Building Dept. Approval DELANEY SNYDER P28778 License Expires: December 31 st, 2025 z m- 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 ROOF SECONDARY PLAN Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 12 VPC Filename: 25-024374-01 11/3/2025 15:05:20 a division of BlueScope Buildings North America, Inc. Page 108 of 736 ERECTION NOTE: CHANNEL PURLIN BRACE (CPB—)(TYP.) or / �/ �I o 4 • �` PURLIN ERECTION NOTE: USE T-45 SCRUBOLT HEAD BE ON EAVE STRUT BRACE (ESBS_) (1) 11/32" GRAY SCRUBOLT NUT OF SCRUBOLT OUTSIDE STRUT STRAP X (097267� OF A, 13 q 4;' 1 1/4" TO 'I 097352) USE (2) 1/2" GALV. HEX NUTS 47120 LOCATE ( ) (1) NUT ON EACH SIDE OF PURLIN USE ANTITROLLOP OCLIPLE OF PRESENT. * 9 9 PURLIN EAVE PURLIN BRACE " (PBA—) AT 8 1 /2 , 10 , \ 11 1/2" PURLINS. '(NOT REQ. AT 7" PURLIN TO 7" EAVE STRUT) AVE STRUT BRACE LOCATION FRAME BRACE LOCATION ROOF SECONDARY CHANNEL BRACES WEB, BUT DO SECURE. INSERT WEB SLOTS AND TOCHANNELBRACE.EAVE THAT END AT A PURLIN NOT HAVE TABS TO BEND AND CLIP (544015) THROUGH USE A DROP PIN TO ATTACH (1) 1/4" X 6 1/4"IF PIN (097556) (2) 1/4-14 x 1 1/4 STRUCT. SCREWS WHEN A CHANNEL BRACE DOES NOT LINE UP WITH ANOTHER CHANNEL BRACE OR THE SLOTS IN THE PURLIN WEB FOR A DROP PIN CONNECTION BEND THE CHANNEL TABS TOWARD MEMBER -- o+* o o - N �� =+o o I / o THE PURLIN WEB AND USE A SELF —DRILLER (55307) TO ATTACH. 1/4-14 x 1 1/4"DROP 1/4-14 x 1 1/4" STRUCT. SCREWSlir STRUCT. SCREWS (55307) (55307) FIELD NOTE FLANGE BRACE(2) (cF6—) oR FLANGE BRACE CONNECT (HFB—)(2) WILL TYPICALLY TO THE WEB OF THE THE BUILDER WILL HAVE TO FIELD REAM —OUT THE 9/16" DIAM. HOLE IN THE SECONDARY MEMBERS TO 13/16" DIAM. HOLES. (FOR THE 12MDB_ FLANGE CLIP REQ'D W/ THICK FLANGES FRAME MEMBER. (55307) II CHANNEL BRACE 11=�� CHANNEL BRACE �� ���� ���� �� BRACE WITH A 3/4" X 2 1/2" A325 BOLT WHEN REQUIRED.) ��l��� I (CPB—) (CPB—) b 1 I P;_� _ 011- FLANGE BRACE REQUIREMENTS: ALTERNATE CONNECTIONS �: ��� RULE#1— ALL FLANGE BRACES ON CROSS SECTIONS MUST BE INSTALLED. RULE 2— SINGLE FLANGE BRACES ARE REQUIRED WHEN PART MARK ON # CROSS SECTION IS NOT ACCOMPANIED BY (2). RULE#3— FLANGE BRACES ARE REQUIRED BOTH SIDES OF THE FRAME WEB WHEN PART MARK IS ACCOMPANIED BY (2). RULE#4— WHENEVER POSSIBLE, PLACE SINGLE BRACES TOWARD THE CENTER OF THE BUILDING. RULE#5— WHENEVER POSSIBLE, PLACE ALL SINGLE BRACES ON THE SAME SIDE OF THE FRAME WEB. ** 10" & 11 1/2" PURLINS REQUIRE 3 BOLTS AT EACH END OF PURLIN LAP. �� DETAIL BR09JGJ WEB ENDING CLIP (0544015) PURLIN 1 1/4" X 6 1/4" DROP PIN (097556) ( TYP. PER EACH END) END PURLIN USE WHEN CHANNEL DOES LINE UP SLOTS IN THE PURLIN BRACE WITH THE WEB. USE WHEN CHANNEL BRACE DOES NOT LINE UP WITH THE SLOTS IN THE PURLIN WEB. USE WHEN CHANNEL DOES LINE UP SLOTS IN THE BRACE WITH THE PURLIN WEB. USE WHEN CHANNEL BRACE DOES NOT LINE UP WITH THE SLOTS IN THE PURLIN WEB. REV. DATE07/20/16 REV. NO.05 EAVE BRACE STRAP AND EAVE PURLIN BRACE REV. DATE:05/OS/18 REV. N0.02 TYPICAL FLANGE BRACE CONNECTIONS REV. DATE:02/05/24 REV. NO.02 CHANNEL BRACE ENDING AT PURLIN WEB REV. DATE:02/05/24 REV. NO.02 CHANNEL BRACE END NG AT PURLIN WEB REV. DA1E07/01/D9 REV. NO. OD SINGLE CHANNEL PURLIN BRACE BRO9K2 LOCATED AT EAVE — CENTERLINE OF FRAME BRO6AE CONT. PURLIN LAP SHOWN, CONT. GIRT (Sc SIMPLE PURLIN BP09JG SELF —DRILLER WITH BENT TABS 809JR WEB ENDING CLIP WITH DROP PIN BRO9JH ENDING AT PURLIN WEB LOCATION INT. FRAME INT. FRAME INTERIOR BAY �1 CHANNEL PURLIN (CPB—)(TYP.) BRACE (1) 1/4" X 6 DROP PIN (097556) (TYP. PER EACH ` PURLINto 1/4" END) NOTE: t jar END FRAME INT. FRAME END BAY AT EAVE STRUT BEND PBA TABS AND USE SCRUBOLT OF (2) 1 1 /32" X 1 1/4" T-45 GRAY (097352) AND SCRUBOLT NUT (097267) SCRUBOLT TO BE ON OUTSIDE OF EAVE STRUT) 1. SEE CHART FOR ASSEMBLY SELECTION. 2. NEST CHANNELS 5" BLIWEEN HOLES RIDGE BRACE TO ACHIEVE AND I 11 II I� J � NEST ROTATE CHANNELS TO HOLES AND ALIGN L b (HEAD (1) PURLIN BRACE.]0 (1) PURLIN BRACE SEE FACE OF CHANNEL 0 CHANNEL 0 i4%%%‘40fr FACE EAVE STRUT EAVE BRACE 7--DROP 0 OF PURLIN1 ASSY. (PBA—) EAVE STRUT VIEW FOR TAB ATTACHMENT ` USE DROP PINS TO SECURE. SECTION _ SECUREUSED D (2) PURLIN BRACE 0 0 i (2) 1/4" x PINS 1 \ 6 1/4" (097556) \ I / \� , 1 li CHANNEL RIDGE ASSEMBLY (CPBR— BRACE ) WITH PINS G E DROP � PURLIN CHANNELS 1 1 (2) PURLIN BRACE CHANNELS 1 o (3) PURLIN BRACE 0 CHANNELS 1 (4) PURLIN BRACE]1 (4) PURLIN BRACE CHANNELS 1 1 CHANNELS 1 1 1 3"1 TYPICAL _� �3„ TYPICAL **FIELD DRILL (1) 5/16"DIA. HOLE (IF REQUIRED) FOR SCRU—BOLT CONNECTION J' EAVE STRUT CLUSTER CLUSTER STANDARD NOTES: STANDARD NOTES: 4 — PURLINS HAVE CLUSTERS OF 4 HOLES FOR ATTACHING PURLIN BRACES. THESE CLUSTERS ARE REPRESENTED BY ONE OF THE SYMBOLS BELOW: 0 — DO NOT INSTALL PURLIN BRACES AT THIS CLUSTER LOCATION. 1 — INSTALL PURLIN BRACES AT THIS CLUSTER LOCATION. SEE SECONDARY ROOF DRAWING FOR BRACE REQUIREMENTS. — INSTALL PURLIN BRACES AT THE RIDGE AND WORK TOWARD THE EAVE. — CHANNEL BRACE MAY BE LOCATED IN EITHER SET OF SLOTS IN CLUSTER PROVIDED THEY ARE ALIGNED FROM EAVE TO EAVE IN A GIVEN BAY. — PURLINS HAVE CLUSTERS THESE CLUSTERS O — DO NOT 1 — INSTALL SEE SECONDARY — INSTALL PURLIN — CHANNEL BRACE PROVIDED THEY OF 4 HOLES FOR ATTACHING PURLIN BRACES. ARE REPRESENTED BY ONE OF THE SYMBOLS BELOW: INSTALL PURLIN BRACES AT THIS CLUSTER LOCATION. PURLIN BRACES AT THIS CLUSTER LOCATION. ROOF DRAWING FOR BRACE REQUIREMENTS. BRACES AT THE RIDGE AND WORK TOWARD THE EAVE. MAY BE LOCATED IN EITHER SET OF SLOTS IN CLUSTER ARE ALIGNED FROM EAVE TO EAVE IN A GIVEN BAY. USE (2) 1/2" GALV. NUTS (47120) LOCATE NUT EACH SIDE OF NOTE: HEX (1) PURLIN PURLIN EAVE PURLIN BRACE ASSY. (PBA—)(TYP.) SEE ERECTION DRAWINGS FOR LOCATION FOR LOW OR HIGH EAVE LOCATIONS. REV. DATE:02/22/22 REV. NO.05 EAVE STRUT BRACE REV. DATE:07/01/09 REV. NO,00 PURLIN BRACE CLUSTER LOCATION REV. DATE:07/01/09 REV. NO,00 PURLIN BRACE CLUSTER LOCATION REV. DATE07/01/D9 REV. NO. OD SINGLE CHANNEL PURLIN BRACE REV. ❑ATE:07/O1/D9 REV. NO. OD CHANNEL RIDGE BRACE ASSEMBLY BRO9K5 BRO9RY END BAY CHANNEL LOCATION BR09RZ INTERIOR BAY CHANNEL LOCATION BRO9PH INTERMEDIATE LOCATION BRO9PK SINGLE BRACE AT SYMMETRICAL RIDGE ,`� 11 I I �''/ \ Q�0 ...S SI pN�` / ° .. ... , -- _ co DELANEY ; _ — z : SNYDER Z / �'; P28778 ;: m n - = .....••••••••........•...- \ '/, /O W �e Yl^� License ExpireS:Dece .3„„2. PERMIT SET- For Building Dept. Approval T TTTTT TTTT—TT PR -CT O\ DRAW \G PART VAR< TT TTTT—TT 2 3/4" 2 7/8" 1 C D W 1 P 3 _ _ ADJUST. CODES ADJUST. CODES GAGE GAGE EIGHTHS 48° LI P N. EIGHTHS INCHES LENGTH INCHES LENGTH FEET (millimeters) FFFT (millimeters) SHAPE SHAPE DEPTH DEPTH 3AY \ U V 3 E COUNTER DEPTH SHAPE GAGE DEPTH SHAPE GAGE CA\OPY (c)/PATTo\(P)/ O O F () /WALL_ 3 U L (W) I \ G \ U SHAPE V E 07 = 7" 08 = 8 1/2" 10 = 10" 11 = 11 1/2" Z = ZEE 1 1 = 0.1 13 C = CEE 12 = 0.098 E = LOW EAVE STRUT 13 = 0.088 H = HIGH EAVE STRUT 14 = 0.079 1 5 = 0.073 16 = 0.068 17 = 0.060 07 = 7" 08 = 8 1/2" 10 = 10" 11 = 11 1/2" ZS = ZEE 1 1 = 0.1 13 CS = CEE 12 = 0.098 ES = LOW EAVE STRUT 13 = 0.088 HS = HIGH EAVE STRUT 14 = 0.079 BB = BACK TO BACK CEE FB = FACE TO BACK CEE 1 5 = 0.073 FF = FACE TO FACE CEE 16 = 0.068 17 = 0.060 2 3/4" 2 7/8" THE THE ROOF/WALL 3AY/3 3 U L D\ U \ G PL_A\E D C L_E A\ CODE O P A\D Y/ P D A 3AY E R \TEES T T 0\/ REV. DATE: 07/01 /09 REV. No. oo SECONDARY PART MARK NUMBER REV. DATE: 07/01/09 REV. N0. 00 PURLIN AND GIRT SIZES REV. DATE: 07/D1/09 REV. NO. 00 SPECIAL SECONDARY PART MARK KEY REV. DATE:01/31/13 REV. NO. 01 SECONDARY BUNDLE LOCATION KEY EN51 B 1 COMMON GENERATED MARK NUMBERS EN51 B2 COMMON GENERATED MARK NUMBERS EN51 B3 ALL SECONDARY DEPTHS EN53G1 10" 254mm 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 ROOF SECONDARY SED'S (a) Rev: Date: By: Description: Builder: Hauptly Construction Inc. Job #: 25-024374-01J.J. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Date: Location: UTLE' 10/3/2025 Waterloo, Iowa O Drawn/Check: Project: 100 x 120 x 22 Butler Manufacturing J.J. / Page: Drawing Scale: NTS Builder's PO#: VPC Version: 25.2.0 13 VPC Filename: 25-024374-01 11/3/2025 SEDSheet 15:05:20 a division of BlueScope Buildings North America, Inc. Page 109 of 736 3 1/2" 3 5 8 NOTE: FIELD DRILL (3) 9/16" RAKEEXTENSION 11AIIXEL EPC3 (WELDED) WELDED CLIP CONNECTION �5 PG1 CLIP WELDED CLIP CONNECTION HOLES IN RAKE CHANNEL AT (HELL) A 10" PJI<LINS SIDEWALL LAVE STRUT. (RECC ) AT 11 /2" PURLINS (4) 1/2" A307 THIN HEAD BUT OLT (096636) 1 / e ALT. CONNECTION ALT. CONN. (11 P F� \c. �P eU\. (10") 1/2") P � 11 '� I j ALT. CONNECTION ENDBAY ROOF PURLIN ROOF EXTENSION 4 * (3) /2" H D Rc11 & NUT ALL OTHER USE THE B A325 BOLTS 37 THIN , (095032) �. BOLTED CONNECTIONS STANDARD 1 /2" X 1 1 /2" (490801. SAVE STRUT liZt EAVE STRUT � 48' LIP � l� S-S BOLTED CLIP CONNECTION /4" ri.., / / 0° ALT. CONNECTION y EAVE STRUT BRACE STRAP \ � € O * �i[i SIMPLE CEE PURLIN (EBBS_) 11 PG1 CLIP (BOLTED) CLIPS MAY BE REQUIRED FOR PURLIN TO FRAME CONNECTIONS €� B O ECC4 CLIP O 1 � REFER TO INDIVIDUAL FRAME SIDEWALL � PLATE /1/4-14 '� �� CROSS CLIP PART NUMBERS AND THEIR LOCATIONSSECTIONS. FOR BOLTED SECTION AA EAVE STRUT ROOF EXTENSION E, S ®* � A SHIM (SEE CHART) (2) 1 /2" X 2" 4i/ ® � X , , /4" STRUCT FSNR ss3o� GIRT FILLER ANGLE (CFA ) 2 (56104) /2 A�� A325 BOLT 097280 4' F � - FRAME OR 3 5/5" N 0�� SHIM PLATE ' �. \ o o ROOF PITCH PART SOLDIER s ti Pc,�` `�' � RANGE NUMBER COLUMN THREE LAP BOLTSc. READ. AT ALL LAP ENDS BOLTED CLIP CONNECTION ` �� -\ O ** O O ** JCP PLATE WILL BE USED .25 TO 1.99 N/A 3 1/2" 5�' O O O WHEN THE PURLIN 0R RAVE 2,0 TO 2.49 ESH1 (REFER TO CROSS SECTION)�� ALT. CONNECTION (10") P� ''o �4�� RAKE BEAM oo �� �� Q �. / _ SECTION STRUT IS LESS THAN 1'6. B B 2.5 TO 3.49 ESH2 STD. CONN. (11 1/2") ��' Q, �c� PI ATF 3.5 TO 4.00 ESH3 10" & 11 1 /2" PURLINS 1 0" & 1 1 1 /2" PURLINS REV. DATE:06/17/14 REV. NO.02 PURLINS AT INTERIOR FRAMEPURLIN REV. oATE:os/17/15 REV. NO.D2 REV. DATE:03/15/24 REV. No.02 OSYBACz< CANOPY RAN/ NC REV. DATE;07/2O/18 REV, NO. EAVE STRUT CONNECTION REV. DATE07/01/09 REV. NO.00 PURLIN / GIRT RS01 U1 CONTINUOUS PURLINS RS02T1 CONNECTION TO END FRAME= CONTINUOUS PURLINS RS 1 0113 RAKE & EAVE EXTENSION CHANNEL RS12PA AT INTERIOR FRAME EN53H1 11 1/2" 292rnm EAVE STRUT BRACE STRAP ESBs_ ( ) SHIM PLATE (SEE CHART) PLATE (EAP1) 51DEWALL OR SOLDIER COLUMN q t , ®II t 0 tt �' EAVE STRUT b � (4) 1/2" HEAD BOLT & NUT (095032) A307 THIN (D96636) ROOF BEAM NOTE: SHIM PLATE SHIM PLATE NOTES: EAP2 PLATE ONLY READ. ROOF PITCH RANGE PART NUMBER ROOF PITCH RANGE PART NUMBER ALL CONNECTIONS 1/2" X 1 1/2"„ A325 BOLTS (49080) TYPICAL U.N. ** EAVE STRUCTURAL CONN. 1/2 X 1 1/4 THIN HD A307 BOLT. WHEN CALLED .25 TO 1.99 N/A .25 TO 1.99 N/A OUT ON FRAME 2,0 TO 2,49 N / A 2.D TO 2.49 ESH1 A MAIN BUILDING CROSS SECTION 2.5 TO 3.49 ESH1 2.5 TO 3.49 ESH2 EAVE EAVE STRUT 3,5 TO 4,00 ESH2 3.5 TO 4.00 ESH3 STRUCTURAL SHIM PLATE 1 �GCB- CLIP (SEE CHART) PLATE �' EAVE STRUT SHIM SEE CHART PLATE4 % �` , (BOLTED) GCB- CLIP , (WELDED PG1` € € } � (WELDED) ALSO �- ' STIFACTIFENERNG MAIN FRAM E (EAP2) i SIDEWALL /� = a4\� ' * PIGGYBACK CANOPY CO LIMN OR RAFTER OPTIONAL OR SOLDIER \ \ PURLIN OR EAVE STRUT INSERT PANEL CLIP » 1 /4 -14 x 1 1 /4 SOFFIT PANEL COLUMNS = ROOF BEAM ROOF BEAM :::THRU ADAPTER (0543130) HOLES AND BEND TABS AWAY STRUCT. FSNR. 55307 » ( ) 1 -0 O.C. PIGGYBACK CANOPY EXTENSION I �� (2) 1/2" X (0 A325 BOLT (097280) � FROM SPLICE. SEE FRAME CROSS SECTION FOR DIM. AVE STRUCTURAL � li MAIN BUILDING EAVE STRUT AT RAKE EXTENSION SHIM PLATE BOLT EAVE STRUT AND EAP2 PLATE TO FRAME W/ �- '9> ' � 1 1 /2 0 0 0 0 ROOF PITCH RANGE PART NUMBER BOLT EAVE STRUT AND 6''q (6) 1/2" X 2° o ''o �ti`rFT / PANEL CLIP ADAPTER a O O O O .25 TO 1.99 N/A EAP1 PLATE TO FRAME W/ 2.0 TO 2.49 N/A (8)1 2" X 2" �� o�� �y o F� `rF T q LOW EAVE STRUT SHOWN A325 BOLT (097280) * 1 -0 AT 7 & 8 1/2 OUTSET 1'-3" AT 10" & 11 1/2" OUTSET HIGH EAVE STRUT USES SIMILAR PARTS. "F, -57 *1 -0 AT 7 & 8 1/2 OUTSET 1'-3" AT 10" & 11 1/2" OUTSET USE A PANEL CLIP ADAPTER AT THE ENDS OF PURLINS OR EAVE STRUTS WHERE A PANEL CLIP OR PANEL EAVE ATTACHMENT MUST BE MADE. ** ** EAVE PG1 €) �' MAIN BUILDING EAVE STRUT AT INSULATED ROOF PANEL SECTION A -A 2.5 TO 3.49 ESH1 A325 BOLT (D9728D) 3.5 TO 4.00 ESH2 LDW EAVE STRUT SHOWN - HIGH EAVE STRUT USES SIMILAR PARTS. - LOW EAVE STRUT SHOWN - HIGH EAVE STRUT SIMILAR REV. DATE:03/26/15 REV. NO.02 EAVE STRUT W/ ATTACHMENT PLATE REV. DATE:03/26/15 REV. NO. 01 EAVE STRUT CONNECTION REV. DATE12/05/D9 REV. Na_00 PANEL CLIP AT EAVE STRUT REV. DATE:08/19/14 REV. NO.00 PIGGYBACK CANOPY REV. DATEO7/20/16 REV_ NO.05 EAVE STRUT W/ ATTACHMENT PLATE RS12PF END FRAME RS12PH AT END FRAME RS12PJ LOCATED WHERE STRUT STOPS BUT CONNECTION REQUIRED RSB001 ALL PURLIN DEPTHS - LOW EAVE RS12PE INTERIOR FRAME \\`' '',/ S/pN9` 7 \<z ... _ DELANEY = - z: SNYDER ; Z- = co v• P28778 ; m / /OW.. \ ❑ e se exp ,es oe embe si sc, zozs PERMIT SET- For Building Dept. Approval NOTES: ALL **EAVE A CONNECTIONS 1/2" X1 1/2" STRUCT. CONN. 1/2„X MAIN BUILDING EAVE STRUT GCB- CLIP (WELDED) ALSO ACTS AS STIFFENER - •.."' MAIN FRAME COLUMN OR RAFTER 1 � A325 1/4 A �� PIGGYBACK BOLTS (49080) TYPICAL U.N. A307 THIN HD BOLTS (096636). EAVE STRUCTURAL aIGGYBACK CANOPY ;.,; GCB- CLIP 0 .; (WELDED) OR PG1 L� GCE- CLIP O (BOLTED) 1/4"-14 x 1 1/4" STRUCT. FSNR. (55307) 1'-0" 0.C. OPTIONAL SOFFIT PANEL CANOPY EXTENSION MAIN BUILDING I EAVE STRUT AT RAKE EXTENSION L_ I I SEE FRAME CROSS SECTION FOR DIM. EAVE STRUCTURAL � 1 1 ' ' �. 0 0 0 0 I 4** O O O O O MAIN BUILDING EAVE STRUT SECTION A -A 4 � EAVE AT IN ULATED ROOF PANEL REV. DATE:09/29/16 REV. NO. 01 PI GO YB AC K CAN OP Y RS9003 ALL PURLIN DEPTHS - HIGH EAVE 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. o Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 ROOF SECONDARY SED'S (b) Rev: Date: By: Description: Builder: Hauptly Construction Inc. Job #: 25-024374-01J.J. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Date: Location: UTLE' 10/3/2025 Waterloo, Iowa O Drawn/Check: Project: 100 x 120 x 22 Butler Manufacturing J.J. / Page: Drawing Scale: NTS Builder's PO#: VPC Version: 25.2.0 14 VPC Filename: 25-024374-01 11/3/2025 SEDSheet 15:05:21 a division of BlueScope Buildings North America, Inc. Page 110 of 736 Secondary Mark G44 G5 G60 G66 G67 G7 G77(Flip) G78(Flip) G79(Flip) G80(Flip) G81(Flip) G82 G83 H1 J1 J24 6 5 4 3 2 1 Part Schedule Part 08Z2409412EE10 08Z2409415EE10 00108BB230101710 00108ZS230101510 00208ZS230101310 08Z2409413EE10 00108CS230101610 08C2409416EE10 00208CS060541700 08CO201417EG10 00308CS030501700 00308ZS230101610 00408CS230101710 00108JS0500017 00208JS0702217 00308JS0504017 Thick. Depth Lap 0.0980 8 1/2" 0.0730 8 1/2" 0.0600 8 1/2" 0.0730 8 1/2" 0.0880 8 1/2" 0.0880 8 1/2" 0.0680 8 1/2" 0.0680 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0680 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 1'-2" 6 GFA106 0'-0" 5 GFA206 2'-6" 4 G80(Flip) 8" 3 GC5 3'-6" 2 JTG1 4'-0" 1 PG1 Dimension Key °Part Mark Key lj Detail WSR065,BRR052,WSR063 WSR065,BRR052,WSR063 WSR001,WS01HJ,WS01HT,WSR065,BRR052,WS01HQ WSR001,WSR063,WSR065,BRR052,WSR004 WSR001,WSR063,WSR065,BRR052,WSR004 WSR065,BRR052,WSR063 WSR001,WSR063,WSR065,BRR052,WSR004 WSR065,BRR052,WSR063 WSR001,WS20F2 WSR001,WS20F2,WSR065,BRR052,WSR063 WSR001,WSR065,BRR052,WSR004,WS20F2 WSR001,WSR004,WSR065,BRR052,WSR063 WSR001,WSR004,WSR065,BRR052,WSR063 WS20F9 WS20F2,WS2OFB,WS20F9,WS20B2,WS20B8 WS2OFB,WS20F9,WS20B1,WS20H2 Framed Opening Locations Id F01 F01 Width 5'-0" 5'-0" Height 5'-0" 5'-0" G67 (Typ.) G66 G7 (Typ.) G77(Flip) G44 G7 (Typ.) G78(Flip) Pre -assembled Personnel Door #1 G5 Sill Ht. 13'-2" 13'-2" Frame 3 3 To Jamb-L Jamb-L Dimen. 14'-6" 2'-6" FO1 0 H1 G78(Flip) 0 n H1 H1 1) h 0 G83 G82 G60 Description FO 5' x 5' Window, Sill 13/2/0, Height 5/0/0 FO 5' x 5' Window, Sill 13/2/0, Height 5/0/0 FO1 0 H1 N h 0 0 G79(Flip) H1 0 H1 0 V 1W1B0 25' 0" CL 1W1B1 25'-0" BL CL 100' 0" 1W1B2 25'-0" 5' 0" t 1W1B3 7' 0" CL 25' 0" 5' 0" 5' 6" SECONDARY ELEVATION AT 1 Shape Name = 100 x 120 x 22, Wall = 1 BL DETAILING: ADD INFILL JAMBS BETWEEN THE 7/6/0 AND 12/6/0 GIRT TO VERTICALLY SUPPORT WINDOWS 01111/0 \QOFESS/pN1<. ' • co —z w -0 DELANEY • = SNYDER z P28778 • m '/� /OW " P \\ PERMIT SET- For Building Dept. Approval License Expires: December 31 st, 2025 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 SECONDARY ELEVATION AT 1 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 15 VPC Filename: 25-024374-01 11/3/2025 15:05:24 a division of BlueScope Buildings North America, Inc. Page 111 of 736 Secondary Part Schedule Mark G16 G18 G19 G20 G23 G24 G84(Flip) G85(Flip) G86 G87(Flip) G88(Flip) H4 H5 J12 J14 J20 J25 Part 08Z0808417BG00 08Z3311411B500 08Z37114165500 08Z0908417G100 08Z3311416B500 08Z3311415B500 08C0808417BG00 00508CS080541700 00408ZS080541700 08C0808417DG00 08C2911413BD00 00408JS1600014 00808JS2200014 00608JS1702214 00508JS0302417 00408JS1702213 00708JS1702214 Thick. Depth 0.0600 8 1/2" 0.1130 8 1/2" 0.0680 8 1/2" 0.0600 8 1/2" 0.0680 8 1/2" 0.0730 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0880 8 1/2" 0.0790 8 1/2" 0.0790 8 1/2" 0.0790 8 1/2" 0.0600 8 1/2" 0.0880 8 1/2" 0.0790 8 1/2" Bracing Part Schedule Part Qty Length Detail 06RS3604 2 36'-4" BRO1G2 4 3 2 1 4'-4 1/2" 4 0543333 3'-6" 3 TSC1 4'-0" 2 PG1 6" 1 JTG1 Dimension Key °Part Mark Key Lap 3'-10 1/2" 3'-10 1/2" 10 1/2" 3'-10 1/2" 3'-10 1/2" Detail WSR001,WS20F2 WSR001,WSR065,WS01G3 WSR065,WS01G3 WSR065,WS01G3,WS20F2 WSR001,WSR065,WS01G3 WSR001,WSR065,WS01G3 WSR001,WS20F2 WSR065,WS01G3,WS20F2 WSR065,WS01G3,WS20F2 WSR065,WS01G2,WS20F2 WSR001,WSR065,WS01G2 WS20F9 WS20F9 WS20F9,WS20F2,WS20B2,WS20B8 WS20B6,WS20H2 WS20F9,WS20F2,WS20B2,WS20B8 WS20F9,WS20F2,WS20B2,WS20B8 G16 G16 G84 (Flip) 0 G18 Pre -assembled Personnel Door of CL H4 0 0 0 1W2B1 G86 G86 G19 0 0 Oh G85(Flip) 0 H5 0 1W2B2 0 h O 0 86 86 0 G85(Flip) 0 0 H4 G19 1W2B3 0 0 G 2-9 G 2-9 G87 (Flip) Pre -assembled Personnel Door #2 9' 0" 1 16'-0" x 5' 0" 2� 22'-0" 2� 5' 0" 1' 16'-0" } 9' 0" 29' 6" I 30'-0" 30'-0" CL BL CL 120' 0" 4 (Typ. ) G23 0. G88 (Flip) CL 1W2B4 29' 6" J 7yf CL SECONDARY ELEVATION AT A Shape Name = 100 x 120 x 22, Wall = 2 BL \OFESS/ONE`,: • _CO -z . DELANEY • = SNYDER Z P28778 • m \ %, ' ••.. •.•..•• '/ /O W P \� PERMIT SET- For Building Dept. Approval License Expires: December 31 st, 2025 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 SECONDARY ELEVATION AT A Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 16 VPC Filename: 25-024374-01 11/3/2025 15:05:25 a division of BlueScope Buildings North America, Inc. Page 112 of 736 Secondary Part Schedule Mark G67 G7 G77(Flip) G78(Flip) 2 1 Part 00208ZS230101310 08Z2409413EE10 00108CS230101610 08C2409416EE10 3'-6" 4'-0" Dimension Key Thick. 0.0880 0.0880 0.0680 0.0680 2 GFA106 1 GFA206 °Part Mark Key Depth Lap 8 1/2" 8 1/2" 8 1/2" 8 1/2" Detail WSR001,WSR063,WSR065,BRR052,WSR004 WSR065,BRR052,WSR063 WSR001,WSR063,WSR065,BRR052,WSR004 WSR065,BRR052,WSR063 LI I o 0 0 I f 0 0 I I I 1W3B0 25' 0" CL 1W3B1 25'-0" BL CL 100' 0" 1W3B2 25'-0" 1W3B3 CL 25' 0" SECONDARY ELEVATION AT 5 Shape Name = 100 x 120 x 22, Wall = 3 BL <u . -z - v \Q�OFESS/ONE`,: Q Z co DELANEY 0 SNYDER z P28778 • m \ * ' ••.. •.•..•• ' // /O W \� PERMIT SET- For Building Dept. Approval License Expires:December 31 st, 2025 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 SECONDARY ELEVATION AT 5 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 17 VPC Filename: 25-024374-01 11/3/2025 15:05:26 a division of BlueScope Buildings North America, Inc. Page 113 of 736 Secondary Mark G16 G18 G33 G63 G73 G74 G75 G76 G84(Flip) G85(Flip) G86 G87(Flip) G89(Flip) G90(Flip) G91(Flip) H1 H4 H5 J1 J12 J19 J20 J24 J25 J6 7 6 5 4 3 2 1 Part Schedule Part 08Z0808417BG00 08Z3311411B500 08Z0808417DG00 00208BB291141700 08Z2911413BD00 08C2911415BD00 08Z37114115500 08Z31114161100 08C0808417BG00 00508CS080541700 00408ZS080541700 08C0808417DG00 08C0502417BG00 08C0602417DG00 00608CS070541700 00108JS0500017 00408JS1600014 00808JS2200014 00208JS0702217 00608JS1702214 00808JS0400417 00408JS1702213 00308JS0504017 00708JS1702214 00908JS0702217 Thick. Depth Lap 0.0600 8 1/2" 0.1130 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0880 8 1/2" 0.0730 8 1/2" 0.1130 8 1/2" 0.0680 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0790 8 1/2" 0.0790 8 1/2" 0.0600 8 1/2" 0.0790 8 1/2" 0.0600 8 1/2" 0.0880 8 1/2" 0.0600 8 1/2" 0.0790 8 1/2" 0.0600 8 1/2" 1'-2" 0'-0" 3'-8 1/2" 8" 4 0543333 3'-6" 3 GC5 4'-0" 2 JTG1 6" 1 PG1 Dimension Key °Part Mark Key 10 3'-10 1/2" 3'-10 1/2" 10 1/2" Detail WSR001,WS20F2 WSR001,WSR065,WS01G3 WS20F2,WSR065,WS01G2 WSR001,WS01GA,WS01G8,WSR065,WS01GB WSR001,WSR065,WS01G2 WSR001,WSR065,WS01G2 WSR065,WS01G3 WSR065,WS01G3 WSR001,WS20F2 WSR065,WS01G3,WS20F2 WSR065,WS01G3,WS20F2 WS20F2,WSR065,WS01G2 WSR001,WS20F2 WSR001,WSR065,WS01G2,WS20F2 WSR001,WS20F2 WS20F9 WS20F9 WS20F9 WS20F2,WS2OFB,WS20F9,WS20B2,WS20B8 WS20F9,WS20F2,WS20B2,WS20B8 WS20H2 WS20F9,WS20F2,WS20B2,WS20B8 WS2OFB,WS20F9,WS20B1,WS20H2 WS20F9,WS20F2,WS20B2,WS20B8 WS20F9,WS20F2,WS20B2,WS20B8 HFB3060 FO1 O 0 00 H1 G 5' 6" H1 O O H1 O } 5' 0" 1 18' 6" G74 G73 G63 HFB3060 0• U CN h FO1 0 0 � H1 HFB3060 G91(Flip) 1W4B1 8' 0" 0 of CL 29' 6" H1 5' 0" 5' 0" G90 (Flip U 6' 6" 6' 6" Pre -a G33 G33 0 -G87(Flip) U mbled 0 G75 0 Personnel Door #1 2 1W4B2 H4 9' 0" k 16'-0" CL 30'-0" t 0 G86 G86 0 G85(Flip) 0 0 G76 H5 Framed Opening Locations Id FO1 FO1 Width 5'-0" 5'-0" Height 5'-0" 5'-0" Sill Ht. 13'-2" 13'-2" Frame 1 1 Q A325 Bolt Schedule To Dimen. Description Id Qty Grade Bolt Diam Bolt Length PartNo Jamb-L 18'-0" FO 5' x 5' Window, Sill 13/2/0, Height 5/0/02" 0097284 Jamb-L 5'-0" FO 5' x 5' Window, Sill 13/2/0, Height 5/0/0 Bracing Member Schedule Id Part Description CX010 3P 8" x 3/8" flg - 0.1644" x 12" web 0 1W4B3 0 0 0 G86(Typ.) G85(Flip) 0 0 G18 10 • H4 Length 20'-7" 1W4B4 0 N ° 0 G16 (Typ.) G84(Flip) Pre -assembled Personnel Door 5' 0" k 121 ' 22'-0" ' 121 k 5' 0" Y 16'-0" k 9' 0" BL CL 120' 0" 30'-0" CL 29' 6" Vert. Clear 2 2 7yf CL SECONDARY ELEVATION AT E Shape Name = 100 x 120 x 22, Wall = 4 BL \OFESS/ONE: • DELANEY • = SNYDER z P28778 • m '/,,, /OW P \" PERMIT SET- For Building Dept. Approval License Expires: December 31 st, 2025 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 SECONDARY ELEVATION AT E Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 18 VPC Filename: 25-024374-01 11/3/2025 15:05:27 a division of BlueScope Buildings North America, Inc. Page 114 of 736 COLUMN OR BEAM WEB ROD -�� ��� �� ��� HEX NUT "A" ������1 WASHER4,10f ����,Ir \�\\������ WASHER "B" 111��� �� HILLSIDE WASHER WEB REINFORCEMENT PLATE C IF PRESENT)MAY BE SHOP WELDED ON EITHER SIDE OF THE WEB. WIND POST , , (2) A325 BOLTS j PRIMARY FRAME 0 GIRT SUPPORT CHANNELS TT TTTT TT BRACE LOCATION FRAME BRACE LOCATION ROOF SECONDARY MEMBER (D.** o o \ w ** o o o _ _ ADJUST. CODES GAGE FIELD NOTE FLANGE BRACE (GFB—) oR FLANGE BRACE CONNECT (HFB-) WILL TYPICALLY TO THE WEB OF THE EIGHTHS ,� 6 NOTES: 0 FIELD FOR Q DRILL FROM i DRILL FLANGE 9/16" OUTSIDE s, 9/16" BRACE HOLE FLANGE �� �, ,, II� 1/2" 1/2" X 1 A-325 BOLT (49080) TYP. FLANGE BRACE (HFB3060) HOLES IN PRIMARY AND WIND POST WEBS CONNECTIONS. IN WIND POST WEB APPROX. 2" AND APPROX. 6" FROM TOP OF WIND POST. (IF PRESENT) WALL BRACE ROD FIELD SLOT THE SIDEWALL GIRT AT INSET GIRT CONDITION VARIES NOTE: DO / GIRT FLANGE. 1 I MAXIMUM NOT I I I I 2 X 4 CUT INTO INCHES LENGTH FEET (millimeters) SHAPE THE BUILDER REAM —OUT THE THE SECONDARY DIAM. HOLES. WILL HAVE TO FIELD 9/16" DIAM. HOLE IN MEMBERS TO 13/16" (FOR THE 12MDB_ FLANGE CLIP REQ'D W/ THICK FLANGES FRAME MEMBER. DEPTH DEPTH SHAPE GAGE BRACE WITH BOLT WHEN A 3/4" X 2 1/2" A325 REQUIRED.) —_--/ FLANGE ALTERNATE BRACE REQUIREMENTS: CONNECTIONS 07 = 7" Z = ZEE 1 1 = 0.1 13 08 = 8 1/2" C = CEE 12 = 0.098 E = LOW EAVE STRUT 10 = 10"13 = 0.088 H = HIGH EAVE STRUT 11 = 11 1/2"14 = 0.079 15 = 0.073 16 = 0.068 17 = 0.060 RULE#1— RULE#2— RULE#3— RULE#4- RULE#5- ** 10" ALL FLANGE BRACES ON CROSS SECTIONS SINGLE FLANGE BRACES ARE REQUIRED CROSS SECTION IS NOT ACCOMPANIED FLANGE BRACES ARE REQUIRED BOTH WHEN PART MARK IS ACCOMPANIED BY WHENEVER POSSIBLE, PLACE SINGLE CENTER OF THE BUILDING. WHENEVER POSSIBLE, PLACE ALL SINGLE SIDE OF THE FRAME WEB. & 11 1/2" PURLINS REQUIRE 3 BOLTS AT EACH MUST BE INSTALLED. WHEN PART MARK ON BY(2).SLOT. SIDES OF THE FRAME WEB (2). BRACES TOWARD THE BRACES ON THE SAME END OF PURLIN LAP. DESCRIPTION/PART NO ROD DIAM NUT HARD STEEL ROUND WASHER A HARD STEEL WASHER B HILLSIDE WASHER 3/8" 95321 3/8" FLAT WASHER (9fi408) 1/2" BEVEL SQUARE WASHER (46040) 1/2" 95230 1/2" FLAT WASHER 05872) " 3/4 FLAT ROUND WASHER (95946) 543334 5/8" 95233 5/8" FLAT WASHER (95945) 3/4" 95235 3/4" FLAT WASHER (95946) 543335 7/8" 95237 7/8" FLAT WASHER (95947) 1" FLAT ROUND WASHER (95948) 1" 95238 1" FLAT WASHER (95948) 1 1/8" FLAT ROUND WASHER 1 1/B" 95239 1 1/8" FLAT WASHER (95949) (95949) 543336 REV. DATE;08/02/17 REV. NO.04 ROD BRACE REV. DATE:05/08/18 REV. NO.02 TYPICAL FLANGE BRACE CONNECTIONS REV. DATE:07/01/09 REV. NO.00 SECONDARY PART MARK NUMBER REV. DATE:09/30/19 REV. NO.02 REV. DATE:09/10/20 REV. NO.00 INSET GIRTS WITH BRACE RODS BRO1 G2 WEB SLOT ASSEMBLY BRO6AE CONT. PURLIN LAP SHOWN, CONT. GIRT & SIMPLE PURLIN EN51 B 1 COMMON GENERATED MARK NUMBERS BR26A1 WIND POST DETAIL CONNECTION TO FRAME BRR052 FIELD WORK BRACE SLOT T-TTTTT TTTTTT ERECT ON DRAW \G PART V A< 21/2" 25/8" ZEE GIRT ®®�> \- ' Goo I � GIRT CLIP MAY BE WELDED PQ PN -( (PG1) SHOP GC1 OR GCA- ( ) 7" & 8 1/2" GIRT 1 C D R W 1 B 3 ADJUST. CODES GAGE EIGHTHS 48° LIP -N co - =' /. I INCHES LENGTH FEET (millimeters) SHAPE DEPTH 3 A Y \ U V 3 E COUNTER DEPTH SHAPE GAGE CA\OPY (c)/PATTo\(P)/ ROOF(R)/WALL(W) 3 U L \ G \U SHAPE V 3ER 07 = 7" 08 = 8 1/2" 10 = 10" 11 = 11 1/2" ZS = ZEE CS = CEE ES = LOW HS = HIGH BB = BACK FB = FACE FF = FACE 11 = 0.113 12 = 0.098 EAVE STRUT 13 = 0.088 EAVE STRUT TO BACK CEE 14 = 0.079 TO BACK CEE 15 = 0.073 TO FACE CEE 16 = 0.068 17 = 0.060 7" & 8 1/2" GIRT CLIP 1) 2 1/2" 2 5 8" (PG 10" & 11 1/2" GIRT CLIP (CCD—) MAY BE SHOP THE THE ROOF/WALL 3 A U Y/3 I L \ U G \ PLA\E 3 C LE A \ CODE 0 P A\D Y/P 3 A 3AY E \ T T T F 0 E \ S / ZEE CEE WELDED (GC1 OR GCA-) GIRT SHOWN GIRT SIMILAR REV. DATE:07/01/09 REV. N0.00 PURLIN AND GIRT SIZES REV. DATE07/01/09 REV. N0.00 GIRT CONN. AT COLUMN REV, DATE:01/20/11 REV. NO,01 GIRT CONN. AT COLUMN REV, DATE;07/131/09 REV, NO,00 SPECIAL SECONDARY PART MARK KEY REV. DATE;01/31/13 REV. NO.01 SECONDARY BUNDLE LOCATION KEY WS01 G3 OUTSET CONTINUOUS GIRT EN51 B2 COMMON GENERATED MARK NUMBERS EN51 B3 ALL SECONDARY DEPTHS EN53F1 8 1/2" 216mm WS01 G2 OUTSET SIMPLE GIRTS \•\`\FESSio'//, QQe 9� , Z _ co DELANEY •; G - - z : SNYDER z : v , P28778 • m' 0 • '• �' ��� . '/ /O W P \\ PERMIT SET- For Building Dept. Approval REFER TO FOR FLANGE TO GIRT ATTACHMENT SED BRACE BRO7H_ REFER TO SED BRO7H_ FOR FLANGE BRACE A REFER TO SED BRO7H FOR FLANGE BRACE To GIRT ATTACHMENT REFER TO SED BRO7H_ FOR FLANGE BRACE TO GIRT ATTACHMENT TO GIRT ATTACHMENT fill 111 ► BACK CEE GIRT ' TO BACK MEMBER 0 ` GIRT CLIP (GCD052060) MAY BE SHOP WELDED (GCA052060) \\ o� FACE CEE TO GIRT L BACK MEMBER Oli. \ \\ .4 1 - 0 //STRUCT _ � . _ GIRT CLIP GCD052060 MAY BE SHOP WELDED (GCA052060) I I I I I I GIRT CLIP CA052 2060) MAY BE SHOP WELDED (GCA052060) A (55307) 4 FSNR PER ANGLE UPPER �4 CEE GIRT qlihOGIRT '/ ® CLIP 0 O 0 GIRT CLIP \ 1 � �4'_ 1 �4" '3:‘, GIRT CLIP GCB-= (GCB-) GIRT FILLER �� MAY BE FIELD ANGLE (GFA ) SECTION A - A FACE TO BACK CEE GIRT MEMBER BOLTED (GCE-) 8 1 2" & 10" BACK TO FACE GIRT MEMBER REV. DATE:02/04/21 REV. NO. 02 REV. DATE 04/0 /24 NEB. NO 03 U RT CONN. AT C O L U Iv N REV. DATE:11/15/16 REV. NO. 02 GIRT CONN. AT COLUMN REV. DATE: 02/04/21 REV. NO. 02 GIRT CONN. AT COLUMN WS01 GA OUTSET BACK TO BACK WS01 GB GIRT CONN. AT COLUMN OUTSET FACE TO BACK (FLIPPED) CEE W001 J INSET BACK TO FACE CEE (STANDARD) CEE WS01 G8 OUTSET FACE TO BACK CEE (STANDARD) CEE 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 WALL SECONDARY SED'S (a) Rev: Date: By: Description: Builder: Hauptly Construction Inc. Job #: 25-024374-01J.J. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Date: Location: UTLE' 10/3/2025 Waterloo, Iowa O Drawn/Check: Project: 100 x 120 x 22 Butler Manufacturing J.J. / Page: Drawing Scale: NTS Builder's PO#: VPC Version: 25.2.0 19 VPC Filename: 25-024374-01 11/3/2025 SEDSheet 15:05:27 a division of BlueScope Buildings North America, Inc. Page 115 of 736 OPTION OPTION OPTION REFER TO SED BRO7H_ FOR FLANGE BRACE TO GIRT ATTACHMENT - CEE GIRT(JAMB GIRT) \ SUPPORT,,�WINDOW FOR SDS NO OF CLIP LESS FO'S (55307) CLOSER THAN UP OR 3/4" To LOCATED THAN HOLES. �4 9' X 3/8" SCREW APART. rll 9' APPROX FROM USE (3) 1/4-14 AS SHOWN. EDGE SPACING NOT FIELD DIAMETER TO A325 ATTACH X 1 1/4" LOCATE AND DRILL (2) 9/16" HOLES IN EE GIRT JAMB (2) 1/2" X 1 1/2 BOLT (49080) - 4 FOR SDS NO OF LESS CLOSER CLIP FO'S UP (55307) THAN OR HOLES. THAN 3/4" TO 9' LOCATED 3/8" APART. X SCREW 9' USE APPROX FROM EDGE SPACING (3) AS 1/4-14 SHOWN. NOT FIELD DIAMETER TO ATTACH A325 X 1 1/4" LOCATE AND DRILL HOLES IN ZEE JAMB (2) 1 /2" BOLT (49080) (2)9" GIRT X / 1 1 /2 FOR FO'S (55307) FROM 3/4" APART. EAVE UP To LOCATED EDGE OF STRUT 9'-0" CLIP X 9'-0" APPROX AS OR HOLES. SHOWN. FIELD DIAMETER CLIP A325 � USE (3) 1/4-14 NO CLOSER SCREW SPACING LOCATE AND HOLES TO ATTACH BOLj (49080) LOUVER TTA WITHCH2 ()/LOWELOWEE X 1 1/4" SDS THAN 3/8" NOT LESS THAN DRILL (2) 9/16" IN EAVE STRUCT AND JAMB (2) 1/2" X 1 1/2" JAMB CLIP (TSC_) JAMB, JAMBOR JAMB TO TS2" BOLTS A REFER TO SED BRO7H_ FOR FLANGE BRACE TO GIRT ATTACHMENT ,, A - IRT 7 GOR .....................................,,?.....L ., E GIRT,r (2) 1/2" A307 THIN(JAMB HEAD BOLT (096636) & NUT 095032 AJAMB ( ) (GC5) SECOND CEE ON A DOUBLE IS HELD BACK 6" FROM ZEE GRT SUPPORTII GIRT41 ) DOUBLE IAMBGIRT ON (4) 1/4 14 X 1 1/4" STRUCTURAL FASTENER (55307) CLIP —To O I. O�GIRT O GIRTS �O�G CLIP1ICLIPHEAD O I� O EACH END of MAIN JAMB. (2) 1/2 A307 THINCONNEC BOLT (096636) JAMB, PART ROOF PITCH JAMB, & NUT (095032) SINGLE TSC 1 0- 1 :1 2 I �I I SINGLE OR OR DOUBLE -OR- TSC2 1 1 /2 - 2:1 2 I .I DOUBLE JAMB CAN BE 1 1/2" DEEPER 3:12 GIRT CLIP(GCB-)GIRT MAY BE FIELD 1 1/4"_ 1 1/4" CLIP (GCB-) MAY BE FIELD 1 1/4" 1 1/4" 1 4" / I�. A f THAN THE JAMB SUPPORT GIRT. ► XUSPDIW/ 8 ay.,TSC3 e 0 TSC4 4:12 BOLTED (GCE-) SECTION A - A BOLTED {GCE-} - SECTION A - A CONLBEY 811/2� GIRT) \ \ JAMB CAN BE 1 1/2" DEEPER 1 THAN THE JAMB SUPPORT GIRT. - ALIGN JAMB AND GIRT AT BL. - NOTE: CONNECTION NOT TO BE (ONLY EXCEPTION: 11 1/2" JAMB DOUBLE JAMB SECT ON A -A CAN BE USED W/ 8 1/2" GIRT) PG1 CLIP = 3 3/4" AT 7", 8 1/2", 10" GIRTS SECTION A -A HIGH SIDE (ALL SLOPES USE USED TO CONNECT OVERHEAD 8 1/2" OR 10" BACK TO BACK GIRT MEMBER 8 1/2" OR 10" BACK TO FACE GIRT MEMBER CONNECTION ALIGN JAMB AND GIRT AT BL. SECTION A —A PGV1067 CLIP = 4 3/4" AT 11 1/2" GIRTS LOW SIDE DOOR JAMBS TO EAVE PURLIN _ CLIP TSC1) REV. DATE:02/15/24 REV. NO. 05 JAN B TO GIRT REV. DATE:02/15/24 REV. NO. 04 JAMB TO GIRT REV. DATE:09/27/23 REV. NO. 06 REV. DATE:07/24/12 REV. NO. 02 GIRT CONN. AT COLUMN REV. DATE:07/25/12 REV. NO. 01 GIRT CONN. AT COLUMN WS2081 ANY JAMB, ANY CEE GIRT WS20B2 SINGLE OR DOUBLE JAMB, ANY ZEE GIRT WS20B6 JAfV B EXTENSION TO EAVE STRUT WS01 HQ INSET BACK TO BACK CEE WS01 HT INSET FACE -BACK CEE (FLIPPED) CEE A JAMB, SINGLE OR DOUBLEold JAMB BASE / A I SECOND JAMB EACH CEE ON A DOUBLE IS HELD BACK 6" FROM END OF MAIN JAMB. It DOUBLE tl CONNECTION y , JAMB OPTION GIRT TO JAMB DEPTH HEADER TO JAMB CLIP (PG1) DOOR HEADER A l SILL TO CLIP (PG1) SILL JAMB / SDS NO OF LESS (55307) CLOSER THAN CLIP OR THAN 3/4" LOCATED APPROX AS 3/8" FROM EDGE HOLES. SCREW SPACING APART. SHOWN. NOT X 1 1/4" SINGLE JAMB JAMB CLIP 7" 8 1/2" 10" 11 1/2" GIRT DEPTH 7" JTG3 JTG6 8 1/2" JTG1 JTG5 JTG7 A 10" JTG4 JTG2 11 1/2" JTG2 SINGLE JAMB (2) A325 DIM. 1 /2" BOLT A 1 X 1 1 /2" A {49080) +, � �� �/ I (2) 1/2" HEAD A307 THIN BOLT (096636) A SINGLE JAMB A �� q�; �► SINGLE JAMB 2 ( ) HEAD & FIELD To ATrACHHJAMB A325 1 2" A307 THIN / BOLT (096636) NUT (095032) LOCATE AND DRILL (2) 9/16" I(2)Z1/2 x 1 1/2" BOLT �`L- JAMB CLIP BASE ZEE GIRT � CLIP (PG1) 1/2" ANCHOR RODS WTH HARDENED WASHER II I �l�, .•• �, (2) 1/2" A307 HEAD BOLT (096636) & NUT (095032) E0 RP �I�G E THIN 1 1 /4" I !1,� ,I &NUT (095032) O IO II ( SEE CHART)III EQUAL 3"ErAL Er EQUTAL 3"EQUAL I (49080) EL 1 I I SE VAT eE� SE N — I „ 6 MAX ,'4 \�JI II OP r �r J SECTION A -A (4)1 2" A307 THIN /I I OW cTI�N r II ® —aLLI T o o HEAD BOLT (096636) I O O I I (4) 1/2" A307 THIN / DIM. A ZEE GIRT SHOWN IJ OPENING HEAD BOLT (096636) A CONCRETE FSNR AT 24" 0.C. _ I I Oo 2 "�' OPENING HEIGHT & NUT 095032 ( ) I I I 1 I I I 1 HEIGHT & NUT (095032) I JAMB CAN BE 1 1/2" DEEPER THAN THE JAMB SUPPORT GIRT. (ONLY EXCEPTION: 11 1/2" JAMB CUSEDND/GRTIAT 3 1 4" AT 7", 8 1 / / 1/4" AT 11 1/2" 2", 1 O" JAMB JAMB CEE GIRT SIMILAR JAMB CAN BE 1 1/2y THAN THE JAMB SUPPORT CONLY EXCEPTION CAN BE USED W/ ALIGN JAMB AND GIRT DEEPER GIRT. 11 1/2" JAMB B 1/2" GIRT) AT BL. (BY BUILDER) BASE MEMBER LJi J. \ei6 —DJ- JAMB CAN BE 1 1/2" DEEPER w ALIGN JAMB THAN THE AAND GIRTMB OT B. SECTION A -A SECTION A —A SECTION A -A EQUAL 3" EQUAL It SECTION A -A B/2" L. ALIGNN JAMB PG1 CLIP = 3 3/4" AT 7", 8 1/2", 10" GIRTS PGV1067 CLIP = 4 3/4" AT 11 1/2" GIRTS REV. DATE:07/21/15 REV. NO.04 GIRT TO JAMB REV_ DATE07/01/09 REV_ N0. 00 JAMB BASE ATTACHMENT REV. DATE:07/01/09 REV, NO. 00 HEADER TO JAMB REV. DATE:07/01/11 REV. NO. 00 SILL TO JAMB REV. DATE:02/07/24 REV. NO. 05 JAMB BASE TO GIRT WS20F2 SINGLE JAMB WS20F9 ANY HEADER, ANY SINGLE JAMB WS2OFB ANY SILL, ANY SINGLE JAMB WS20H2 ALL JAMB AND GIRT DEPTHS WS20B8 SINGLE OR DOUBLE JAMB GIRT CLIP ENDWALL GIRT GIRT (BOLTED)(WELDED) ( (GC34_)(GC65_) (GC62_)(GC66_) (GC63_)(GC67_) *** - CLIP *** )(GC64_) SEE CORNER al DETAIL ® WSR007 COLUMN ��• AT 7" GIRT AT 8 1/2" AT 10" GIRT AT 11 1/2" FOR � �� 10 GIRT GIRT BOLTED ) GIRT (GFA_) CLIP GIRT (BOLTED)(WELDED) (GC5) (GCE_) �' �' ' • i 44 i I FILLER W/ TO 7" GIRT 8 1/2" CLIP (GC2) (GCB_) / :6' ANGLE (3) 55307 & 10" AT INSET 8 AT 81/2"&10" INSET SIDEWALL GIRT FRAME 1/2" 10" / SW GIRT GIRT GIRTS 8 1/2" GIRT CLIP (GC5) 10" GIRT CLIP (GCE) MAY BE SHOP IJ �.,.I TOP MEMBER ENDWALL GIRT GIRT CORNER CLIP COLUMN '® 0 �� (BOLTED) (PG1) (PG1) (GCD_) (CCD)_ ' �, (WELDED) (GC1) (GC1) (GCA_) (GCA_) \\ ,, .� AT 7" GIRT AT 8 1/2" AT 10" AT 11 OUTSET 5IDEWALL 6 GIRT GIRT 1/2" GIRT GIRT FRAME �� WELDED (GC2 OR GCB-) I GIRT l ..J I 1 I I FLUSH TO -� , OUT ,11 I /4" (MAX.) L GIST COLUMN 1 1 �T G II ` I BASE ANGLE (SHOWN)L I I I1 I ,,,,,I it,/, �� FESS/p /, o Nq Q.. _4, : _DELANEY ; 0 = _ - - Z' SNYDER Z (BOLTED)(WELDED) ( ***) (GC64_) (GC34_)(GCfi5_) (GC62_)(GC66_) (GC63_)(GC67_) *** - SEE DETAIL WSR002 AT 7"GIRT GIRT FILLER ANGLE AT 8 1/2" GIRT (GFA-) W/ (4) 55307 AT 10" GIRT AT 11 1/2" GIRT FOR BOLTED CLIP TO 7" GIRT BLDG. WIDTH _ ;v : P28778 m; ZEE GIRT SHOWN GIRT FILLER ANGLE (GFA-) CEE GIRT SIMILAR ATTACH W/ (4) 55307 GIRT ALIGNMENT OR LENGTH DETAIL MIS -ALIGNMENT , * \\ '/,,�/6NP��\\` 8 1 /2" & 10" INSET GIRT (CORRECT ALIGNMENT) (AVOID THESE CONDITIONS) ( Z-GIRTS SHOWN, ALSO APPLICABLE FOR C-GIRTS) �' C ,,.V.,.L„L, REV. DATE:02/06/24 REV. NO. 01 GIRT CONK. AT COLUMN REV. DATE:06/23/22 REV. NO. 00 Expires: December 31 st, 2025 REV. DATE:09/10/13 REV. NO. 00 GIRT CONN. AT CORNER COLUMN REV. DATE:09/10/13 REV. NO. 00 GIRT CONN. AT CORNER COLUMN WSR063 INSET GIRTS WSR065 WALL SECONDARY FRAMING ALIGNMENT pApprovalense PERMIT SET- For BuildingDept. WSR001 INSET GIRT AT EW, ANY OUTSET GIRT AT SW WSR004 ANY INSET GIRT AT EW, INSET GIRT AT SW 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 WALL SECONDARY SED'S (b) Rev: Date: By: Description: Builder: Hauptly Construction Inc. Job #: 25-024374-01J.J. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Date: Location: UTLE' 10/3/2025 Waterloo, Iowa O Drawn/Check: Project: 100 x 120 x 22 Butler Manufacturing J.J. / Page: Drawing Scale: NTS Builder's PO#: VPC Version: 25.2.0 20 VPC Filename: 25-024374-01 11/3/2025 SEDSheet 15:05:29 a division of BlueScope Buildings North America, Inc. Page 116 of 736 Covering Schedule Id #12 #13 #14 #15 Oper. Oper. Oper. Qty 30 30 30 30 Start Length 33'-9 1/8" 20'-9 3/4" 29'-11" 20'-9 3/4" Code:14=SQ,NT Code:11=SQ,SQ Code:13=SQ,NT Finish:Z=A1Zn Color:AZ=Plain A1Zn Accessory Schedule Id Qty Color 4 Beige Qty Stagger LengthType 30 28'-9 1/8" MR24 30 25'-9 3/4" MR24 30 24'-11" MR24 30 25'-9 3/4" MR24 Description 3070 Door - Standard Gage OP 24 14 24 11 24 13 24 11 Color AZ AZ AZ AZ Direction Right to Left Right to Left Right to Left Right to Left Detail T3 Trim Id T1 T2 T3 T4 T5 T6 T7 T8 T9 T10 Schedule Parts (12)IRT10C, (6)RC20 0560173,MRRET,RBT2,TC1,(0.5)WA10A 0630043,GEC1R 0630043,GEC1L (0.4)ST10C,MRGT2OL,(0.5)WA10B (12)ST10D, (5)GTR25 (0.4)ST10C,MRGT2OR,(0.5)WA10B 0630043,GEC1R 0630043,GEC1L (2)4CE75,(0.5)CP410 Color Plain Match Match Match AlZn Wall Wall Wall Color Color Color Cool Onyx Black Cool Onyx Black Cool Onyx Black Match Wall Color Match Wall Color Cool Onyx Black KV848 { 20'-9 3/4" T2 25'-9 3/4" T 1 (60)#14 (60)#15 Details ENB004,NV667 RCB200 EN60B1,EN60D1,RCB294 RCB200 T4 T2 { (60)#13 (60)#12 FT9 0 T 6 0 0 CD co 1 HT BL 120' 0" ROOF COVERING PLAN Shape Name = 100 x 120 x 22, Shape = 100 x 120 x 22 BL Planograph Schedule Id T1 T2 T3 T4 T5 T6 T7 T8 T9 T10 Details P-080573,P-080575,P-080578,P-080949,P-ZRSLO P-081167,P-081243,P-GAI P-080572,P-081236,P-103223,P-104542,P-104714 P-080572,P-081236,P-103223,P-104542,P-104714 P-081167,P-104544,P-107511,P-GAI P-103223,P-103315,P-104714 P-081167,P-104544,P-107511,P-GAI P-080572,P-081236,P-103223,P-104542,P-104714 P-080572,P-081236,P-103223,P-104542,P-104714 P-105224,P-105225,P-105228 \QOFESS/ONE`,: _co; DELANEY _ — z : SNYDER z _ 0 P28778 ;• m ' ••.. •.•..•• ' / /O W P \� PERMIT SET- For Building Dept. Approval License Expires ecember 31 s[, 2025 1. Pre -drilling 1/8 diameter holes for structural fasteners may be required for heavy gage nested zee's and/or fasteners to structural beams 2. Steel panels are an integral part of the structural system. removal or alteration without prior authorization is prohibited. 3. Due to manufacturing limitations short panels may require field cutting, see the covering schedule for cut lengths. 4. See job details for covering and trim fastener specification. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 ROOF COVERING PLAN Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 21 VPC Filename: 25-024374-01 11/3/2025 15:05:31 a division of BlueScope Buildings North America, Inc. Page 117 of 736 Liner/Soffit Schedule Id Qty Type Length #11 120 MODZ 3'-10 3/8" Oper. Code:1=SQ,SQ Finish:K=Butler-Cote Color:SW=Cool Solar White Gage OP 24 1 Finish Color Direction K SW Left to Right Cut Liner Trim Schedule Id Parts T1 (12)WSS10 Color Match Soffit Color Details T1 (120)#11 BL 120' 0" { Shape Name = 100 x 120 x 22, Shape = 100 x 120 x 22 BL Planograph Schedule Id Details Ti P-104557 ' DELANEY ; 0 - - z SNYDER Z _ o P28778 • m \ PERMIT SET- For Building Dept. Approval • License Expires:December 31 st, 2025 1. Pre -drilling 1/8 diameter holes for structural fasteners may be required for heavy gage nested zee's and/or fasteners to structural beams 2. Steel panels are an integral part of the structural system. removal or alteration without prior authorization is prohibited. 3. Due to manufacturing limitations short panels may require field cutting, see the covering schedule for cut lengths. 4. See job details for covering and trim fastener specification. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 ROOF LINER PLAN Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: 22 Drawing Scale: NTS Builder's PO#: VPC Filename: 25-024374-01 11/3/2025 15:05:38 a division of BlueScope Buildings North America, Inc. Page 118 of 736 Covering Schedule Id Qty Type Start Length #1 8 SHP 23'-0 3/8" #2 17 SHP 23'-11 1/4" #3 9 SHP 22'-0 1/2" Oper. Code:1=SQ,SQ Finish:X=Special Request Finish:K=Butler-Cote Color:01=Special Color 1 Color:SW=Cool Solar White Fastener Schedule Part 0097365SPR 0097364SPR 0097365-102 0097364-102 Description (T-3) #12-14 (T-1) 1/4-14 (T-3) #12-14 (T-1) 1/4-14 Gage OP 26 1 26 1 26 1 K Fin. X X Color 01 01 SW Increment 1 7/16" -1 7/16" 1 7/16" Direction Left to Right Left to Right Left to Right 22'-0 1/2" / 22'-1 7/8" 22'-3 3/8" 22'-4 3/4" T9 T4 Trim Id T1 T2 T3 T4 Schedule Parts (0.5)DSF12C (0.5)DGS12 (0.5)DSF12 (1.7)BG2215, (2.5)BT12A T5 (5)BG2215,(6.5)BT12A T6 (3.5) 0620163, (2) SHOCT12 T7 (3.5) 0620163, (2) SHOCT12 T8 (3)MRGT2OR, (4.5)SHCL12, (5)WA10A T9 (2)MRGT2OL, (2.5)SHCL12, (2.5)WA10A (9)#3 22'-7 5/8" 22'-10 1/2" 23'-1 3/4" 23'-4 5/8" T9 8)#1 23'-6 1/8" 0 '-I 7 N 23'-8 7/8" 23'-10 3/8" Pre -assembled Personnel Door #1 23'-11 1/4" 23'-9 7/8" rs- M N Color Cool Onyx Cool Onyx Cool Onyx Cool Onyx Black Black Black Black Cool Onyx Black Match Wall Color Match Wall Color Cool Onyx Black Cool Onyx Black 23'-4 1/8" 23'-2 3/4" Details NV568,NV569,WCB024,WCB025 NV125,NV140,NV566 NV567 ENB006,GV386, GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 ENB006,GV386, GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 NV118,NV119,NV133,NV134 NV118,NV119,NV133,NV134 KV403,KV404,MV822,PV167 KV403,KV404,MV822,PV167 T5 T8 22'-11 7/8" (17) #2 T2 T3 N N 22'-7 5/8" T2 22'-4 3/4" T2 T3 T2 T3 22'-0 1/2" / BL x 1 1/4", T-30 Torx Hd w/Washer x 3/4", T-30 Torx Hd w/Washer x 1 1/4", T-30 Torx Hd w/Washer x 3/4", T-30 Torx Hd w/Washer 100' 0" COVERING ELEVATION AT 1 Shape Name = 100 x 120 x 22, Wall = 1 Planograph Schedule Id Ti T2 T3 T4 T5 T6 T7 T8 T9 BL Details P-081201,P-081202,P-081203 P-081202 P-081180,P-081505 P-081180,P-081505 P-081180,P-081185 P-081180,P-081185 P-081167,P-081183,P-GAI P-081167,P-081183,P-GAI 01111/0 \QOFESS/ONE` / a _co -z w 0 DELANEY • = SNYDER z P28778 • m \ //,, / /OW \" PERMIT SET- For Building Dept. Approval License Expires:December 31 st, 2025 1. Pre -drilling 1/8 diameter holes for structural fasteners may be required for heavy gage nested zee's and/or fasteners to structural beams 2. Steel panels are an integral part of the structural system. removal or alteration without prior authorization is prohibited. 3. Due to manufacturing limitations short panels may require field cutting, see the covering schedule for cut lengths. 4. See job details for covering and trim fastener specification. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 COVERING ELEVATION AT 1 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: 23 Drawing Scale: NTS Builder's PO#: VPC Filename: 25-024374-01 11/3/2025 15:05:40 a division of BlueScope Buildings North America, Inc. Page 119 of 736 Covering Schedule Id #4 #5 Qty Type 24 SHP 16 SHP Start 22'-0 6'-11 Length 1/4" 3/8" Oper. Code:1=SQ,SQ Finish:K=Butler-Cote Color:SW=Cool Solar White Gage 26 26 OP 1 1 Fin. K K r- Pre Color Direction SW SW Left to Right Left to Right Trim Id T1 T2 T3 T4 Schedule Parts (1.5)DSF12C (1.5)DGS12 (2) DGS12 (0.6)BG2215,BT12A T5 (2 . 6) BG2215, (3. 5) BT12A T6 CTB2L,CTB2R T7 (3.5) 0620163, (2) SHOCT12 T8 (10) CLE12C, (5) GTR25, (10) SHCL12 T9 0008738,(2)4CE45,4CE75,(2.5)CP410 T8 Color Cool Onyx Cool Onyx Cool Onyx Cool Onyx Black Black Black Black Cool Onyx Black Match Wall Color Match Wall Color Cool Onyx Black Cool Onyx Black Details NV568,NV569,WCB024,WCB025 NV125,NV140,NV566 NV125,NV140,NV566 ENB006,GV386, GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 ENB006,GV386, GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 ENB006,NV664 NV118,NV119,NV133,NV134 EN60B1,EN60C1,EN60D1,MV252,MV822,NV110, NV116,NV131 KV846 I' (5)#5 T2 x (5)#5 T2 I' t (6)#5 T3 I' T1 (3)#4 m E (4)#4 T9 E { rn E { E (4)#4 rn E T9 (13)#4 T5 rn E { T } H E { rn E assembled Personnel T9 E Door #1 1 E Pre -assembled Personnel Door #2 6 9' 0" } 16' 0" f 9' 0" x 22'-0" x 9' 0" 120' 0" 16'-0" 39' 0" I I I I BL BL Fastener Schedule Part Description 0097365-102 (T-3) #12-14 x 1 1/4", T-30 Torx Hd w/Washer 0097364-102 (T-1) 1/4-14 x 3/4", T-30 Torx Hd w/Washer COVERING ELEVATION AT A Shape Name = 100 x 120 x 22, Wall = 2 Planograph Schedule Id Details T1 P-081201,P-081202,P-081203 T2 P-081202 T3 P-081202 T4 P-081180,P-081505 T5 P-081180,P-081505 T6 P-081180,P-081505 T7 P-081180,P-081185 T8 P-103223,P-103315,P-104714 T9 P-105224,P-105225,P-105228 ss 7 • a _co -z - 0 PERMIT SET- For Building Dept. Approval DELANEY • = SNYDER Z P28778 • m License Expires: December 31 st, 2025 1. Pre -drilling 1/8 diameter holes for structural fasteners may be required for heavy gage nested zee's and/or fasteners to structural beams 2. Steel panels are an integral part of the structural system. removal or alteration without prior authorization is prohibited. 3. Due to manufacturing limitations short panels may require field cutting, see the covering schedule for cut lengths. 4. See job details for covering and trim fastener specification. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 COVERING ELEVATION AT A Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 24 VPC Filename: 25-024374-01 11/3/2025 15:05:41 a division of BlueScope Buildings North America, Inc. Page 120 of 736 Covering Id #6 #7 Qty 17 17 Schedule Type SHP SHP Start Length 22'-0 1/2" 23'-10 3/8" Oper. Code:1=SQ,SQ Finish:K=Butler-Cote Color:SW=Cool Solar White Gage 26 26 OP 1 1 Fin. K K Color SW SW Increment Direction 1 7/16" Left to Right -1 7/16" Left to Right 22'-0 1/2" 22'-1 7/8" 22'-3 3/8" 22'-4 3/4" '-I N N 22'-7 5/8" 22'-10 1/2" T4 Trim Schedule Id Parts T1 (6.7)BG2215,(8.5)BT12A T2 CTB2L,CTB2R T3 (3.5) 0620163, (2) SHOCT12 T4 (3)MRGT2OL, (4.5)SHCL12, (5)WA10A T5 (3)MRGT2OR, (4.5)SHCL12, (5)WA10A 22'-11 7/8" (17) #6 23'-1 3/8" 23'-2 3/4" 23'-4 1/8" 23'-9 7/8" 23'-11 1/4" T1 23'-10 3/8" 23'-8 7/8" N co N Color Cool Onyx Black Match Wall Color Match Wall Color Cool Onyx Black Cool Onyx Black 23'-6 1/8" 23'-4 5/8" 23'-3 1/4" 23'-1 3/4" Details ENB006,GV386,GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 ENB006,NV664 NV118,NV119,NV133,NV134 KV403,KV404,MV822,PV167 KV403,KV404,MV822,PV167 23'-0 3/8" T5 rl N N (17) #7 22'-9 1/2" 22'-8 1/8" 22'-6 5/8" N N 22'-3 7/8" 22'-2 3/8" N N J T2 BL Fastener Schedule Part Description 0097365-102 (T-3) #12-14 x 1 1/4", T-30 Torx Hd w/Washer 0097364-102 (T-1) 1/4-14 x 3/4", T-30 Torx Hd w/Washer 100' 0" COVERING ELEVATION AT 5 Shape Name = 100 x 120 x 22, Wall = 3 Planograph Id Detail T1 P-0811 T2 P-0811 T3 P-0811 T4 P-0811 T5 P-0811 Schedule 80,P-0815 80,P-0815 80,P-0811 67,P-0811 67,P-0811 BL 05 05 85 83, P-GAI 83, P-GAI 01111/0 ss 7 -z w v / * ' ••.......••• '/ /O W• P \� PERMIT SET- For Building Dept. Approval DELANEY • = SNYDER z P28778 • m \ License Expires: December 31 st, 2025 1. Pre -drilling 1/8 diameter holes for structural fasteners may be required for heavy gage nested zee's and/or fasteners to structural beams 2. Steel panels are an integral part of the structural system. removal or alteration without prior authorization is prohibited. 3. Due to manufacturing limitations short panels may require field cutting, see the covering schedule for cut lengths. 4. See job details for covering and trim fastener specification. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 COVERING ELEVATION AT 5 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 25 VPC Filename: 25-024374-01 11/3/2025 15:05:43 a division of BlueScope Buildings North America, Inc. Page 121 of 736 Covering Schedule Id Qty Type Start Length #8 14 SHP 21'-10 3/4" #9 16 SHP 6'-9 7/8" #10 10 SHP 21'-10 3/4" Oper. Code:1=SQ,SQ Finish:K=Butler-Cote Finish:X=Special Request Color:SW=Cool Solar White Color:01=Special Color 1 Fastener Schedule Part 0097365-102 0097364-102 0097365SPR 0097364SPR Description (T-3) #12-14 (T-1) 1/4-14 (T-3) #12-14 (T-1) 1/4-14 Gage 26 26 26 OP 1 1 1 Fin. K K X T Color Direction SW Left to SW Left to 01 Left to Right Right Right Trim Id T1 T2 T3 T4 T5 T6 T7 T8 Schedule Parts (1.5)DSF12C (1.5)DGS12 (2) DGS12 (0.5)DSF12C (0.5)DGS12 (0.5)DSF12 DSF12C (1.2)BG2215, (2)BT12A T9 (0.3)BG2215,(0.5)BT12A T10 (0.4)BG2215,BT12A T11 (0.6)BG2215,BT12A T12 CTB2L,CTB2R T13 CTB2L,CTB2R T14 0008738,(2)4CE45,4CE75,(2.5)CP410 Color Cool Cool Cool Cool Cool Cool Cool Cool Onyx Onyx Onyx Onyx Onyx Onyx Onyx Onyx Black Black Black Black Black Black Black Black Cool Onyx Black Cool Onyx Black Cool Onyx Black Match Wall Color Match Wall Color Cool Onyx Black Details NV568,NV569,WCB024,WCB025 NV125,NV140,NV566 NV125,NV140,NV566 NV568,NV569,WCB024,WCB025 NV125,NV140,NV566 NV567 NV568,NV569,WCB024,WCB025 ENB006,GV386, GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 ENB006,GV386, GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 ENB006,GV386, GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 ENB006,GV386, GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 ENB006,NV664 ENB006,NV664 KV846 T5 T5 #8 (5) #9 T2 } }' (6) T3 #9 { { (5) #9 T2 }' c P T6 T4 c P T6 c P c -1 P 10 L2 T5 -1 P (10) T5 1 (3)#8 c - P P (4 c -1 P T11 P 1 (4)#8 T11 1 P � -1 P (3)#8 1 P T10 Pre -assembled Personnel T11 P Door #1 2 P Pre -assembled Personnel T11 Door # T] P T6 P P T9 P T8 18'-6" 5' 0" f 15'-6" BL x 1 1/4", T-30 Torx Hd w/Washer x 3/4", T-30 Torx Hd w/Washer x 1 1/4", T-30 Torx Hd w/Washer x 3/4", T-30 Torx Hd w/Washer k 16'-0" k 9' 0" 1' 120' 0" 22'-0" Y 9' 0" Y 16'-0" Y 9' 0" COVERING ELEVATION AT E Shape Name = 100 x 120 x 22, Wall = 4 1. Pre -drilling 1/8 diameter holes for structural fasteners may be required for heavy gage nested zee's and/or fasteners to structural beams 2. Steel panels are an integral part of the structural system. removal or alteration without prior authorization is prohibited. 3. Due to manufacturing limitations short panels may require field cutting, see the covering schedule for cut lengths. 4. See job details for covering and trim fastener specification. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 Planograph Schedule Id Ti T2 T3 T4 T5 T6 T7 T8 T9 T10 T11 T12 13 2 2 3 BL Details P-081201,P-081202,P-081203 P-081202 P-081202 P-081201,P-081202,P-081203 P-081202 P-081201,P-081202,P-081203 P-081180,P-081505 P-081180,P-081505 P-081180,P-081505 P-081180,P-081505 01111/0 \OFESS/pN�: • _co -z - 0 DELANEY • = SNYDER z P28778 • m '/,,, /OW P-RERMlTo8ET- For Building Dept. Approval P OE311E30 P 0E31rOr T , T14 P-105224, P-105225, P-105228 COVERING ELEVATION AT E License Expires:December 3l st, 2025 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 26 VPC Filename: 25-024374-01 11/3/2025 15:05:44 a division of BlueScope Buildings North America, Inc. Page 122 of 736 L EAVE HEIGHT FACE OF WALL SECON EE o11 j�ON5 i �VpN �12L� TOPiF� EAVE STRUT 1 1/2" DEEPER THAN MAIN PURLINS Z PURLIN FRAME MEMBER OUTSET GIRTS SHOWN (INSET GIRTS SIMILAR) NOTE: Z PURLIN SHOWN, TRUSS PURLIN SIMILIAR REV. DATE02/08/23 IREV. NO. 01 EN60B1 EAVE HT. WITH MR-24 WITH THERMAL BLOCK 8 1/2 AND 10 INCH PURLINS SEE DRAWING P- 05224, P-105225, AND P-105228 FOR DOWNSPOUT INSTALLATION AND RIVET COLOR PART MARK INFORMATION GUTTER OUTLET (008738) 45° ELBOW (4CE45) CONDUCTOR PIPE (CP410) CONDUCTOR STRAP FORM(ED) (TYP.)ELD 75° ELBOW (4CE75) 00 REV. DATE:04/04/24 IREV. NO. 03 KV846 EAVE ROOF PANEL GUTTER WALL PANEL BLIND RIVET (TYP.) SIDEWALL FLOOR LINE SLOPE RANGE 1/4:12 THRU 1/2:12 4 INCH DOWNSPOUT AT WALL BUTLERIB II AND SHADOWALL BLANKET INSULATION WALL PANEL GIRT PANEL TO STRUCTURAL FASTENER REV. DATE05/05/13 IREV. NO. 02 NV120 0"-4" INSULATION AT WALL STRUCTURAL SHADOWALL WALL PANEL VE HEIGHT 0 EAVE ANGLE SCRUBOLT (097196) 1'-0" 0.C. FACE OF WALL SECOND OF ROPF PHgg/NG 50170 % RUR\\N SOP M�N EAVE STRUT 11 1/2" Z PURLIN FRAME MEMBER OUTSET GIRTS SHOWN (INSET GIRTS SIMILAR) NOTE: Z PURLIN SHOWN, TRUSS PURLIN SIMILIAR EAVE HEIGHT FACE OF WALL SECONDARY FRAME MEMBER OUTSET GIRTS SHOWN (INSET GIRTS SIMILAR) NOTE: Z PURLIN SHOWN, TRUSS PURLIN SIMILIAR REV. DATE:07/31/23 IREV. NO. 03 EN60C1 EAVE HEIGHT MR-24 WITH THERMALL BLOCKS 11 1/2 INCH PURLINS GUTTER OUTLET (008738) 75° ELBOW (4CE75) BLIND RIVET (TYP.) ROOF PANEL GUTTER CONDUCTOR PIPE (CP410) 111,1111 11111 CONDUCTOR PIPE 841k (CP410) 75° ELBOW (4CE75) CONDUCTOR STRAP (CS)M(TO T) BEpFIELDFOR�� .) 75° ELBOW (4CE75) SEE DRAWING P-105224, P-105225, AND P-105228 FOR DOWNSPOUT INSTALLATION AND RIVET COLOR PART MARK INFORMATION SLOPE RANGE 1/4:12 THRU 1/2:12 REV. DATE:02/03/151 REV. NO. 03 KV848 03 EAVE -H 0 0 N SIDEWALL WALL PANEL CONDUCTOR PIPE 1— LJ J FLOOR LINE 0 4 INCH DOWNSPOUT AT 4'-0" OVERHANG REV. DATE02/15/23 I REV. NO.00 EN60D1 EAVE HEIGHT BRII OR MR-24 w/o THERMAL BLOCKS ROOF PANEL ERECTION GUIDE REQUIRED FOR THIS PROJECT: REFER TO: MR-24 ROOF SYSTEM INSTALLATION GUIDE 10 REV. DATE:01/30/14 I WV. NQ 00 ENB004 MR-24 ROOF SYSTEM WALL PANEL ERECTION GUIDE REQUIRED FOR THIS PROJECT: REFER TO: SHADOWALL WALL SYSTEM INSTALLATION GUIDE ERTLER SHADOWALL PANEL (OPTIONAL) FOAM CLOSURE (570731) 5/8" LAP - BASE TRIM (BT12A) 0" (MIN.) TO STRUCTURAL LINE ATTACH BASE TRIM WITH PANEL TO STRUCTURAL FASTENERS 24" O.C. (LOCATE FASTENERS TO AVOID PANEL CORRUGATION). SHIFT BASE ANGLE OR BASE GIRT HOLES 1-1/2" OFF MODULE WITH UNPUNCHED PANELS ATTACH PANEL WITH PANEL TO STRUCTURAL FASTENERS 12" 0.C. (LOCATE AT PANEL CORRUGATIONS) APPLY SEALANT (025392) CONTINUOUSLY MASONRY ANCHOR (NOT BY B.M.C.) jFLOOR LINE 2" (MAX.) (OPTIONAL) NOTCH FOUNDATION -CLEARANCE BETWEEN STRUCTURAL LINE & BASE TRIM (OPTIONAL) BASE GIRT BASE ANGLE (BA225) L 2-1/4" OR 4" 2-3/4" 2-0" (MAX. SPACING) MASONRY ANCHOR LOCATION (TYP). OPTIONAL BASE GIRT BASE TRIM (BT12A) 2-3/4" 2'-0" (MAX. SPACING) 6" JOINT PANEL ADAPTER CLIP (543333) (NEST INTO PANEL HOLES & CENTER ON JOINT) USE VISE GRIP TO HOLD CLIP SECURE TO BASE ANGLE WHILE BENDING TABS TIGHT AGAINST BASE ANGLE REV. DA1E:01/30/14 IREV. NO. CO ENB006 SHADOWALL WALL SYSTEM GABLE TRIM MALE - (MRGT20L) FEMALE - (MRGTL2OL) SEE DWG. P-081167 WALL ADAPTER (WA10A) SEE DWG. P-081167 TORX T-3D SDS (097364) 2'-0" 0.C. (COLOR SUFFIX REQURIED) WALL CLOSURE SHCL12) 12'-0" COVERAGE) SEE DETAIL IMV8221 MR-24 ROOF PANEL PURLIN OR EAVE STRUT SHADOWALL PANEL ENDWALL NOTE: IF ERECTION DRAWING P-081635 HAS BEEN PROVIDED THEN THE HIGH WIND GABLE TRIM CLIPS ARE REQUIRED. MR-24 ROOF PANEL PURLIN OR EAVE STRUT SHADOWALL PANEL ENDWALL GABLE TRIM FEMALE - (MRGT2DR) MALE - (MRGTL2OR) SEE DWG. P-081167 \\-TORX T-30 SDS (097364) 2 -0" 0.C. (COLOR SUFFIX REQURIED) WALL ADAPTER (WA10A) SEE DWG. P-081167 WALL CLOSURE SHCL12) 12'-0" COVERAGE) SEE DETAIL IMV822 I NOTE: IF ERECTION DRAWING P-081635 HAS BEEN PROVIDED THEN THE HIGH WIND GABLE TRIM CLIPS ARE REQUIRED. REV. DATE:01/14/10 IREV. ND. 00 GV386 SHADOWALL — BASE TRIM INSTALLATION LAPPED & NOTCHED FOUNDATION AT FLOOR LINE REV. OATE:01/14/10 'REV. NO. 00 GV443 OPTIONAL BASE CHANNEL JOINT DETAIL - AT FLOOR LINE REV. DA0E.03/09/17 'REV. N0. 03 KV403 GABLE TRIM LEFT WITH MR-24 ROOF SHADOWALL WALL PANEL WITH CLOSURE REV. DATE:03/09/17 'REV. NO. 03 KV404 GABLE TRIM RIGHT WITH MR-24 ROOF SHADOWALL WALL PANEL WITH CLOSURE SEE DRAWINGS P-103223 AND P-104714 FOR GUTTER INSTALLATION GUTTER SUPPORT (630000) PANEL STRAP (560004) 2 3/4" SCRUBOLT (097264) AT CORR. CLOSURE CLOSURE (560348) 1 1/4" SCRUBOLT (097104) BACK-UP STRAP GUTTER TORX T-30 1/4" X 3/4" SELF -DRILLING SCREW 097364) (2'-0" O.C.) COLOR SUFFIX REQUIRED) WALL CLOSURE SHCL12) 12'-0" COVERAGE) SEE DETAIL NOTE: IM V822 I WHEN USING 6" WALL INSULATION INSTALL 1/4" X 3/4" T-30 SDS 097364) AT 1'-0" 0.C. COLOR SUFFIX REQUIRED) REV. DATE:01/26/17 IREV. N0.02 MV252 SELF —DRILLING SCREW (097295) GUTTER SUPPORT TAB (CST) MR-24 ROOF EAVE CLOSURE (CLE12C) 12'-0" COVERAGE USE 1" LAP AT SPLICE EAVE STRUT SHADOWALL PANEL SIDEWALL SLOPE RANGE 1/4:12 - 4:12 GUTTER WITH WTHR. SEAL WITH MR-24 ROOF SHADOWALL WALL PANEL WITH WALL CLSR FOR METAL WALL CLOSURE ATTACHMENT ♦ HOLE BAND RIVET (097580) ATLD DRILL 964" DIAMEr2R-0" ONFOR CENTER FOR BUTLERIB AND (2) PER 1'-0" FOR SHADOWALL METAL WALL CLOSURE AT ENDWALL SEE DETAIL SEE DETAIL SEE DETAIL SEE DETAIL SEE DETAIL PV166 PV166 PV167 1 MV831 FOR BUTLERIB FOR BUTLERIB EX FOR SHADOWALL FOR SHADOWALL EX FOR eSHADOWALL (FIELD CUT AS REQUIRED) SIDEWALL CLOSURE SCHEDULE WALL SYSTEM BUTLERIB II SHADOWALL BUTLERIB EX SHADOWALL EX eSHADOWALL (BRCL12) (SHCL12) (12'-0") (12'-0") WALL PANEL •SEE DRAWING P-081764 FOR BLIND RIVET COLOR INFORMATION PANEL LENGTH SCRUBOLT ROOF LINE PANEL TO STRUCTURAL FASTENER (ROOF SLOPES GREATER THAN 1/2:12 WITH BRII AND ALL SLOPES WITH MR-24 AND CMR-24 ROOFS) EAVE STRUT BRACE (ESBS_) AT CENTERLINE OF EAVE STRUCTURAL SPLICE EAVE STRUT SHADOWALL PANEL SHADOWALL PANEL STRETCH INSULATIO TIGHT & ATTACH TO BASE TRIM WITH DOUBLE FACED TAPE (NOT BY B.M.C.) (OPTIONAL) FOAM OR RUBBER CLOSURE BASE TRIM (SHOWN) iSTRUCTURAL LINE BASE ANGLE (SHOWN) FLOOR LINE OR TOP OF MASONRY WALL FILL VOID WITH INSULATION (EXCEPT WITH MITERED WALL PANEL) - rim EAVE TRIM SHOWN SHADOWALL PANEL HOLD INSULATION TEMPORARILY WITH DOUBLE FACED TAPE (NOT BY B.M.C.) EAVE STRUT SHOWN ENDWALL DETAIL SIMILAR SUPPORT CHANNEL ATTACH INSULATION TO SUPPORT CHANNEL WITH DOUBLE FACED TAPE (NOT BY B.M.C.) SUPPORT CHANNEL 7 FILL VOID WITH SCRAP INSULATION PRIOR TO INSTALLING CORNER TRIM CORNER TRIM ATTACH INSULATION TO SUPPORT CHANNEL WITH DOUBLE FACED TAPE (NOT BY B.M.C.) CORNER TRIM SUPPORT CHANNEL ATTACH INSULATION TO SUPPORT CHANNEL WITH DOUBLE FACED TAPE (NOT BY B.M.C.) REV. DA1E:03/15/211 REV. N0.05 MV822 OPTIONAL METAL CLOSURE ATTACHMENT BR/BR EX/SHDOWALL/SHDOWALL EX/eSHADOWALL PANELS REV. DATE 07/20/16 I REV. NO. 01 NV110 SIDEWALL PANEL TOP CONNECTION AT FRAME EAVE STRUT SPLICE REV. OA0E:06/05/13 IREV. N0. 01 NV115 0"-4" INSULATION AT BASE — BASE TRIM SHADOWALL WALL PANEL REV. DATE06/05/13 'REV. N0.02 NV116 0" 4" INSULATION AT TOP OF WALL—WIDESPAN SHADOWALL WALL PANEL REV. DATE08/05/13 'REV. N0. 02 NV118 0"-4" INSULATION AT OUTSIDE CORNER SHADOWALL WALL PANEL 0"-4" INSULATION AT INSIDE CORNER SHADOWALL WALL PANEL SHADOWALL PANEL FOAM CLOSURE 1 /4" DRIP GUTTER ATTACH INSULATION TO DRIP GUTTER WITH DOUBLE FACED TAPE (NOT BY B.M.C.) OVERHEAD DOOR HEADER REV. DATE:10/31/24 REV. NO. 03 NV125 0" 4" INSULATION AT OVERHEAD DOOR HEADER SHADOWALL WALL PANEL 1 ENDWALL POST iiniiif1i{llw— i 1lII TRIM INSULATION TO A MAXIMUM THICKNESS OF 4" BEING CAREFUL NOT TO CUT THE FACING REV DATE:10/18/17 I REV. NO. 03 NV143 4 1/2"-8" INS. AT EW POST ON BLDG. LINE SHADOWALL WALL PANEL - WIDESPAN ENDWALL POST SHADOWALL PANEL q BUILDING LINE 116....010.0111 aill FILL VOID WITH INSULATION (EXCEPT 4 WITH MITERED WALL PANEL) I I EAVE TRIM BUILDING LINE TRIM INSULATION TO A MAXIMUM THICKNESS OF 4" BEING I ATTACH INSULATION TO SUPPORT CHANNEL WITH DOUBLE FACED TAPE (BY OTHERS) SUPPORT CHANNEL SHOWN -\ CAREFUL NOT TO CUT _.„„1071-01. FACED i).4.- - II, I EAVE STRUT THE FACING. MAKE RETAINED BETWEEN THE !efi. 4, CSHUAPPNONRETL iltAiiiiiiiii P. :174 ----:-----_,Iilli CORNER TRIM p po. CTA °HT TA SANUCNPHEPL 01 NWRSTUT HL A T I 0 N DOUBLE FACED TAPE PANEL TO STRUCTURAL ET11-../1/11: r I 1 INSULATION IS POSITIONED AND IN A STRAIGHT LINE AND ATTACH TO BASE TRIM WITH DOUBLE FACED iw...„ TTDRI MA INmSAUxLimAuTmION 1.--.0111. THICKNESS OF 4" 1.1.1.,114, BEING CAREFUL NOT '---"ofie TO CUT THE FACING ..litkki MAXIMUM THICKNESS -*,,,,41 _,,. ATTACH INSULATION AEC ti - ,I TAPE (BY OTHERS) ,, BASE FLOOR LINE OR TOP OF h OF 4'' BEING _411/ TO SUPPORT Aerai CAREFUL NOT TO CUT TRIM INSULATION t-..-INSULATION TO EAVE (BY OTHERS) TRIM INSULATION 114112"V, (OPTIONAL) FOAM OR RUBBER ANGLE (SHOWN) MASONRY WALL SHADOWALL PANEL STRUT WITH DOUBLE FACED THICKNESS OF 4" BEING CAREFUL NOT ft....- TO A MAXIMUM , FACED TAPE (BY INSULATION CORNER TRIM TO CUT THE FACING OTHERS) AND MAKE ..4, BEING CAREFUL NOT CLOSURE ... al" SURE THE BLANKET IS •-•••••11111 RETAINED BETWEEN THE PANEL AND EAVE We STRUT AND DOES NOT 41111114-1._,I DROP DOWN SUPPORT CHANNEL FILL VOID WITH SCRAP INSULATION PRIOR TO INSTALLING CORNER TRIM , _ .._--4 4111.F.--- fl, ;6010111 TO CUT THE FACING BASE (SHOWN) REV. DATE06/06/13 !REV. NO.02 0"-4" INSUL. AT EW POST ON STRUCT. LINE REV. DATE:10/18/17 I REv. NO. 03 4 1/2"-8'' INSULATION AT BASE — BASE TRIM REV. DATE:10/18/17 I REV. NO. 03 4 1/2"-8'' INSUL. AT TOP OF WALL—WIDESPAN REV. DATE:10/18/17 I FEV. NO. 03 4 1/2"-8" INSULATION AT OUTSIDE CORNER REV. DATE:10/18/17 'REV. NO. 03 4 1/2"-8" INSULATION AT INSIDE CORNER REV DATE:10/18/17 I RV. NO. 03 4 1/2"-8" INSULATION AT WALL STRUCTURAL NV128 SHADOWALL WALL PANEL - wiDEsPAN NV130 SHADOWALL WALL PANEL NV131 SHADOWALL WALL PANEL NV133 SHADOWALL WALL PANEL NV134 SHADOWALL WALL PANEL NV135 SHADOWALL WALL PANEL 1/4" SHADOWALL PANEL HEADER CHANNEL 12-14 x 1 1/4" TORX S.D.S. (097365) FOAM CLOSURE (570731) DRIP GUTTER (DGS12) 12'-l'' COVERAGE *REFER TO DWG. P-081202 OR P-081203 FOR ADDITIONAL INFORMATION ON INSTALLATION OF THE DRIP GUTTER. *APPLY HIGH QUALITY SEALANT (BY OTHERS) BETWEEN FLASHINGS AND CHANNEL FOR WATER TIGHTNESS. NV566 HEADER DETAIL - SHADOWALL 1/4" X 3/4" TORX S.D.S. SILL FLASHING (DSF12) 12'-0" COVERAGE 12-14 x 1 1/4" TORX S.D.S. (097365) SILL CHANNEL FOAM CLOSURE (570731) SHADOWALL PANEL *ENDS OF SILL FLASHING SHOULD EXTEND BENEATH THE BOTTOM OF THE JAMB FLASHINGS. APPLY HIGH QUALITY SEALANT (BY OTHERS) BETWEEN FLASHINGS AND CHANNEL FOR WATER TIGHTNESS. JAMB CHANNEL 12-14 X 1 1/4" TORX SDS (097365) SDS (097230)(UNPNTD) TORX SDS (097364) BLIND RIVET (097580) *SEE DRAWING P-081764 FOR BLIND RIVET COLOR INFORMATION JAMB FLASHING (DSF12C) 12'-0" COVERAGE SUPPORT CHANNEL (570751) FIELD CUT SHADOWALL PANEL FLUSH WITH FACE OF JAMB *SEE DRAWING P-081202 FOR MORE INFORMATION. *APPLY HIGH QUALITY SEALANT (BY OTHERS) BETWEEN FLASHINGS AND CHANNEL FOR WATER TIGHTNESS. JAMB CHANNEL 12-14 X 1 1/4" TORX SDS (097365) 1/4" X 3/4" TORX SDS (097364) SHADOWALL PANEL JAMB FLASHING (DSF12C) 12'-0" COVERAGE *SEE DRAWING P-081202 FOR MORE INFORMATION. *APPLY HIGH QUALITY SEALANT (BY OTHERS) BETWEEN FLASHINGS AND CHANNEL FOR WATER TIGHTNESS. 00 = OPERATION SHP SHADOWALL WALL PANEL MARK NO.: FFIIEGGOOCCC SHU LENGTH CODE 12" TYP. 5/16" TYP. SHADOWALL WALL PANEL SURFACE EXTERIOR SMOOTH F = FEET E = EIGHTHS 00 = OPERATION MR-24 ROOF PANEL MARK NO.: MR24 FFIIEGG 00 C C C LENGTH CODE 24" COVERAGE 2 3/8" /SMOOTH EXTERIOR SURFACE 2 3/8" MR-24 ROOF PANEL FACTORY APPLIED SEALANT NV567 SILL DETAIL — SHADOWALL NV568 OFF MODULE JAMB DETAIL - SHADOWALL REV. DATE 2/1/20 IREV. NO.03 NV569 ON MODULE JAMB DETAIL — SHADOWALL SHADOWALL WALL PANELS NV667 MR-24 STANDING SEAM ROOF PANEL SEE DRAWINGS P- 03223 AND P-104714 FOR GUTTER INSTALLATION SELF DRILLING SCREW (097295) GUTTER SUPPORT (630000) PANEL STRAP (560004) CLOSURE (560348) 1 1/4" SCRUBOLT (097104) GUTTER 2 3/4" SCRUBOLT (097264) AT CORR. CLOSURE BACK-UP STRAP OPTIONAL EAVE CLOSURE (CLE12C) 12'-0" COVERAGE USE 1" LAP AT SPLICE TORX 1 1/4" T-30 SELF -DRILLING SCREW (097365) (2'-0" O.C.) SOFFIT TRIM 10'-4" (ST10A) 8 1/2" (ST10B) 10" ST1OD 11 1/2" ST1OE 11 1/2"+EAVE ANGLE EAVE STRUCTURAL SEE DRAWING P-107511 FOR SEE DRAWING P-081764 FOR li niii AnMR-24 ROOF i EAVE STRUCTURAL TORX 1 1/4" T-30 SELF -DRILLING SCREW (097365) (2'-0" 0.C.) 011111 LOCATE SDS TO AVOID SECONDARY PUNCHING. - _ _ CANOPY GUTTER SUPPORT TAB GST) SOFFIT WITH SOFFIT SEE RCB001 FOR FASTENERS WITHOUT SOFFIT TORX 1 1/4" T-30 SELF -DRILLING SCREW (097365) (5'-0" 0.C.) NOTE: EAVE CLOSURES ARE OPTIONAL MODULEZE II SOFFIT INSTALLATION BLIND RIVET COLOR INFORMATION REV. DATE:03/06/241 REV. NO. 03 RCB294 GUTTER WITH WTHR. SEAL WITH MR-24 ROOF AT CANOPY DOOR POST DOOR POST SUPPORT CHANNEL BLANKET INSULATION BLANKET INSULATION SUPPORT CHANNEL ATTACH INSULATION TO DOOR POST WITH DOUBLE FACED TAPE (BY OTHERS) ATTACH INSULATION TO DOOR POST WITH DOUBLE FACED TAPE (BY OTHERS) littl Anti! 1, ?! ATTACH INSULATIO ATTACH INSULATION TO DOOR POST WITH TO DOOR POST WITH DOUBLE FACED TAPE DOUBLE FACED TAPE (NOT BY B.M.C.) (NOT BY B.M.C.) DOOR TRIM DSF12C SEE DRAWING P-081202 FOR ADDITIONAL INFORMATION. DOOR TRIM DSF12C TRIM INSULATION TO A MAXIMUM THICKNESS OF 4" BEING CAREFUL NOT TO CUT THE FACING SEE DRAWING P-081202 FOR ADDITIONAL INFORMATION. REV. DATE:10/71/16 I REV. NO. 00 0"-4" INSULATION AT OVERHEAD DOOR POST REV DATE:10/18/17 I REV. NO. 131 4 1/2"-8" INSUL. AT OVERHEAD DOOR POST ONE SIDE ON MOD - ONE SIDE OFF MOO - SHADOVVALL WCB024 ONE SIDE ON MOD - ONE SIDE OFF MOD - SHADOWALL WCB025 FLA NOTES: WALL FASTENER (TYPICAL) SEE FASTENER SCHEDULE FOR PART NUMBER AND USAGE ON DETAIL L N DIRECTION OF ERECTION 1. SEE DETAIL I WCB083IFOR WALL PANEL INSTALLATION 2. SEE DRAWING P-081191 FOR SIDE LAP PANEL FASTENER PROCEDURES FLA NOTE: REFER TO DETAIL IWCB0861 FOR FASTENER SCHEDULE AND INSTALLATION NOTES UNPUNCHED PANELS INSTALL FASTENERS 1 /2" DOWN TO CLEAR STRUCTURAL HOLES AT EAVE MEMBER, GIRTS AND BASE ANGLE ORDER SPECIFIC RAW 1 DETAIL rivc) GIRT (SEE DETAIL IWCB08,10 NOTE: SPACE SIDELAP FASTENERS EQUALLY BETWEEN STRUCTURALS (SEE SIDELAP FASTENER SHADOWALL PANEL FOR BASE CONDIT! N SEE DWGS. P-081505, P-081513, P-081645 OR P-081649. SEE BASE TRIM (SEE DETAIL IWCB0851) EAVE OR GABLE STRUCTURAL PANEL JOINT (SEE DETAIL IWCB0821) 2" PUNCHED PANELS OR MOVE BASE ANGLE AS SHOWN ON DWG. P-081189 PANEL TO STRUCTURAL FASTENER V-0" 0.C. (REPEAT AT EACH CORRUGATION AT ALL STRUCTURALS) • BASE TRIM BASE ANGLE (SHOWN) (OPTIONAL) NOTCHED FOUNDATION FASTENER SCHEDULE INSULATION THIEKNESS PANEL —TO —STRUCTURAL FASTENERS PANEL —TO —PANEL FASTENERS PAINTED SCRUBOLTS (PUNCHED OR UNPUNCHED PANELS) PANTED SELF—DRIWNG SCREWS (UNPUNCHED PANELS ONLY) PAINTED SELF—DRIWNG SCREWS (PUNCHED OR UNPUNCHED PANELS) THRU 097361 MEDIUM SELF—DRIWNG SCREW 097365 SHORT SELF—DRIWNG SCREW 097364 OVER 4" THRU LONG SCRUBOLT 097362 MPS — 1 1/4" T-30 TORX MEDIUM SELF —DRILLING SCREW 097365 SHORT SELF—DRIUJNG SCREW 097364 OVER 6" THRU LONG SCRUBOLT 097362 NOT RECOMMENDED SHORT SELF—DRIWNG SCREW 097364 SIDELAP FASTENER QUANTITIES DISTANCE BETWEEN FASTENER QUANTITY WALL STRUCTURALS BETWEEN STRUCTURALS IMPORTANT: MAXIMUM SPACING BETWEEN SIDELAP FASTENERS IS 3.-0". FASTENER NOTES: 1. HEADS OF FASTENERS ARE PAINTED TO MATCH WALL PANEL COLOR. THE FASTENER PART NUMBERS SHOWN IN THE FASTENER SCHEDULE WILL BE FOLLOWED BY A THREE DIGIT COLOR SUFFIX CODE. 2. PANEL —TO —STRUCTURAL FASTENERS ARE INSTALLED ON 1.-0" CENTERS AT EACH PANEL CORRUGATION. PANEL —TO —PANEL FASTENERS ARE INSTALLED AT EACH PANEL JOINT AND SPACED EVENLY BERVEEN STRUCTURALS AS SHOWN IN SIDELAP FASTENER QUANTITIES CHART. INSTALLATION NOTES: 1. SHADOWALL PANELS ARE AVAILABLE WITH OR WITHOUT PUNCHING. REFER TO PANEL IDENTIFICATION FOR PART NUMBER AND PANEL USAGE. 2. WHEN USING UNPUNCHED PANELS, CHECK MODULARRY ON EVERY PANEL TO ASSURE PROPER COVERAGE AND FIT UP OF TRIM AT ACCESSORIES. 3. FOR CORRECT INSTALLATION OF SELF—DRIWNG SCREWS FOR UNPUNCHED PANELS. A VARIABLE SPEED SCREW GUN WRH CAPABILITY OF 1600 TO 2500 RPM IS RECOMMENDED. (SEE DRAWING P-081189). 4. REFERENCE SHADOWALL INDEX P-081180 FOR APPROPRIATE INSTALLATION DRAWINGS. 5. REFER TO APPROPRIATE INSULATION INSTALLATION DETAILS ON ORDER SPECIFIC DRAWINGS TO PREVENT UNSIGHTLY BILLOWING ON EXTERIOR SURFACE OF WALL PANELS. FLA SHADOWALL PANEL JOINT ASSEMBLY SECTION A -A SHADOWALL PANEL INSTALLATION PANEL TO STRUCTURAL SHADOWALL PANEL ATTACHMENT AT BASE LAP FOUNDATION SHOWN SHADOWALL PANEL GENERAL NOTES FASTENER AND INSTALLATION IF TWO BLANKETS OF INSULATION ARE BEING USED TRIM THE FACED BLANKET (INSIDE) TO A MAXIMUM THICKNESS OF 4" BEING CAREFUL NOT TO CUT THE FACING AND CUT THE UNFACED (OUTSIDE) SO THAT IT JUST REACHES THE TOP OF THE DOOR HEADER SHADOWALL PANEL FOAM CLOSURE 1/4" DRIP GuTTER uNFACED INSULATION FACED INSULATION ATTACH INSULATION TO DRIP GUTTER WITH DOUBLE FACED TAPE (NOT BY B.M.C.) OVERHEAD DOOR HEADER SHADOWALL WALL PANEL LENGTHS CLOSURE LINE ROOF WALL PANEL LENGTHS BOTTOM OF GABLE TRIM OR SOFFIT SUPPORT & LOCATE BLIND RIVETS WALL CLOSURE INSTALLATION WALL CLOSURE INSTALLATION (FOR SLOPES UP TO .5: 12) (4:12 SLOPE SHOWN) NOTE: AS ROOF SLOPE INCREASES OR DECREASES BEYOND CLOSURES SPECIFIED FITUP, IT MUST BE CUT TO LENGTH INDICATED, TO ACCOMMODATE SLOPE DIMENSION VARIANCE. MINOR NIPPING OF THE FLASHING "FINGERS" MAY BE REQUIRED TO AVOID INTERFERENCE FOR PROPER FITUP. SHADOWALL - ENDWALL CLOSURE SCHEDULE ROOF SLOPE (RISE IN 121 USE AS IS CUT TO CUT TO CUT TO • SEE DRAWING P-081764 FOR BLIND RIVET COLOR INFORMATION R=RIGHT/FEMALE GABLE TRIM (MRGTL20_) SEE DWG. P-081167 WALL ADAPTER SEE DWG. P-081167 TORX T-30 SELF -DRILLING SCREW SOFFIT TRIM 10'-0" LONG INSTALL BEFORE EW TRIM W/O SPA. BLK.-ST10C W/SPA. BLK. 10" - ST10C MR-24 ROOF PANEL SELF -DRILLING SCREW GABLE ANGLE PURLIN, EAVE STRUT OR EXTENSION ENDWALL SEE RCB001 FOR FASTENERS W/O SOFFIT SDS TO STRUCT SOFFIT NOTE: IF ERECTION DRAWING P-081635 HAS BEEN PROVIDED THEN THE HIGH WIND GABLE TRIM CLIPS ARE REQUIRED. REV. DATE.D7/10/17 IREV. NO, 02 SHADOWALL WALL PANEL ENDWALL CLOSURE SCHEDULE OUT rt_4-TOP MEMBER GIRT FLUSH TO yBASE ANGLE (SHOWN) BLDG. WIDTH OR LENGTH GIRT ALIGNMENT DETAIL (CORRECT ALIGNMENT) L_ (AVOID THESE CONDITIONS) (Z-GIRTS SHOWN, ALSO APPLICABLE FOR C-GIRTS) WALL SECONDARY FRAMING ALIGNMENT RCB200 GABLE TRIM WITH MR-24 ROOF PERMIT SET- For Building Dept. Approval DELANEY SNYDER P28778 License Expires: December 31st, 2025 The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineers seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 COVERING & TRIM SED'S Rev: Date: By: Description: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, lowa Project: 100 x 120 x 22 <3UTLEFi Butler Manufacturing VPC Version: 25.2.0 Date: 10/3/2025 J.J. Page: 27 Drawing Scale: NTS Builder's PO#: 11/3/2025 SEDSheet 15:05:50 a division of BlueScope Buildings North America, Inc. Page 123 of 736 NOTES FOR LARGE CLEARSPAN PROJECTS (TYPICALLY 120' & GREATER): MODIFIED IN AUTOCAD * TYPICALLY 120' OR GREATER, HOWEVER, IF BUILDING HAS HEAVY ROOF LOADS OR LARGE BAYS 100' OR SMALLER MAY BE OF CONCERN; REVIEW WITH SERVICE CENTER IF QUESTIONS. * LARGE CLEARSPAN PROJECTS WILL VERTICALLY DEFLECT UNDER THEIR SELF WEIGHT AS WELL AS UNDER THE ADDITIONAL WEIGHT OF MATERIAL ATTACHING TO THE FRAMES (COLLATERAL LOAD). * FOUR REFERENCE SCHEMATICS ARE PROVIDED. THE FIRST SCHEMATIC IS THE FRAME IN ITS THEORETICAL UNLOADED POSITION (NO SETTLEMENT). THE SECOND SCHEMATIC IS THE FRAME SETTLEMENT UNDER JUST THE FRAME SELF WEIGHT. THE THIRD SCHEMATIC IS THE FRAME SETTLEMENT UNDER THE TOTAL DEAD LOAD OF MATERIAL (FRAME SELF WEIGHT PLUS PURLINS, INSULATION, & ROOF PANEL). THE FOURTH SCHEMATIC IS THE FRAME SETTLEMENT UNDER DEAD LOAD AND COLLATERAL LOAD. * DURING THE COURSE OF CONSTRUCTION, THERE MAY BE DIFFERENTIAL SETTLEMENTS IN RAFTER ELEVATIONS FROM FRAMELINE TO FRAMELINE. AS LONG AS SETTLEMENTS DO NOT EXCEED THE SCHEMATICS AS DISPLAYED, NO CONCERN IS NECESSARY. * IF THE SETTLEMENTS EXCEED THE SCHEMATICS, REVIEW THE SITUATION WITH YOUR SERVICE CENTER TO ENSURE THE STRUCTURAL INTEGRITY OF THE BUILDING SYSTEM SUPPLIED. * THERE ARE MANY FIELD CONDITIONS WHICH CAN CAUSE THIS VARIATION IN ELEVATION. IF ALL OTHER FIELD CONDITIONS HAVE BEEN REVIEWED AND DETERMINED TO HAVE BEEN INSTALLED CORRECTLY IN ACCORDANCE TO PROVIDED DRAWINGS, SHIMMING OF THE FRAME IS A VIABLE SOLUTION TO ADJUSTING ELEVATIONS TO A CORRECT LEVEL. * FOR THOSE INSTANCES WHEN IT HAS BEEN DETERMINED THE FRAME HAS EXCESSIVELY SETTLED (IE FRAME ELEVATION IS LOWER THAN 1/2" OR HIGHER THAN 1" FROM INDICATED VALUES), SHIMMING IS AN ACCEPTABLE SOLUTION. *SHIMS ARE TO BE PROVIDED BY THE ERECTOR. * SEE BUTLER'S WIDESPAN INSTALLATION GUIDE (358 6) — SECTION E (BOLT TIGHTENING E— 4) FOR SHIMMING GUIDELINES (SKETCHES PROVIDED TO RIGHT FOR REFERENCE). * SHIMMING OF CONNECTIONS SHOULD BE EXPECTED TO MAINTAIN KEY DIMENSIONS SUCH AS CLEARANCE, HEIGHT, AND PLUMBNESS OF THE ERECTED BUILDING. AS NOTED ABOVE SHIMS ARE NORMALLY PROVIDED BY THE ERECTOR, BUT MAY BE ORDERED UPON REQUEST BY CONTACTING YOUR PROJECT MANAGER. RIDGE SPLICE H1 1 Finger shim as required between botts On occasion shims may lbe required to fill Lint gaps, level beams, accommodate varying depth of members, level frame bases, adjust for differential frame deflection, etc. Some shimming must be anticipated by the erector and is considered by the Code of Standard Practice to be part of the erection contract. Shims are provided by the erector. Shimming between gaps at flanges is accomplished with thin Id'i It plates stacked between the joints. Figure E Tad( weld to sid in place Of necessary) Centerline Of Web y PI • Dim A = 1". Shim dimensions may vary from those shown if required for tit up Multiple shirns may be staked to fill required gap. • Gaps greater than a 1/4" require engineering review. Contact your Project Manager. * *CAMBER (DL OR DL+CG) IS/IS NOT INCLUDED ON THE FRAMES OF THIS PROJECT. * *ALL DIMENSIONS ARE FROM FINISH FLOOR TO THE TOP OF THE SPLICE PLATE AT THE RIDGE. * *NEGATIVE DEFLECTIONS ARE DOWNWARD, POSITIVE DEFLECTIONS OR CAMBER ARE UPWARD. * *HEIGHTS ABOVE FINISH FLOOR ARE ROUNDED TO NEAREST SIXTEENTH. RIDGE SPLICE RIDGE SPLICE H3 1 RIDGE SPLICE Scenarios 1) THEORETICAL SHAPE 2) DEFLECTED SHAPE VIA SELF WT 3) DEFLECTED SHAPE VIA DL 4) DEFLECTED SHAPE VIA DL+CG GRID A (IN) FROM DATUM H1 (FT) AFF GRID A (IN) FROM DATUM H2 (FT) AFF GRID A (IN) FROM DATUM H3 (FT) AFF GRID A (IN) FROM DATUM H4 (FT) AFF ALL 0.000 23'-10 1/4" FL 2 —0.229 23'-10" FL 2 —0.653 23'-9 5/8" FL 2 —1.559 23'-8 11/16" FL 3 —0.229 23'-10" FL 3 —0.656 23'-9 5/8" FL 3 —1.570 23'-8 11/16" FL 4 —0.229 23'-10" FL 4 —0.653 23'-9 5/8" FL 4 -1.559 23'-8 11/16" Dim A Bolt Dia + 1/16 Dim A L = Flange Width 1 1(2" iqureE7 FOB CO Flat Shim 0111110 , \ OF E S S ION, ' •e- . • =co —z w — U • . • j OW P \\\\ // DELANEY SNYDER P28778 License Expires: December 31 s[, 2025 \STCTION o z= m- THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. D BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 LARGE CLEARSPAN NOTES REV: DATE: BY: DESCRIPTION: BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER: LOCATION: Waterloo, Iowa PROJECT: 100 X 120 X 22 DRAWING SACLE: NTS BUILDER'S PO#: Butler Manufacturing VPC VERSION: JOB #: 25-024374-01 DATE: 11 /3/2025 DRAWN/CHECK: J.J. / PAGE: 31 FILENAME: SAVE DATE: SAVE TIME: LAST SAVED BY: a division of BlueScope Buildings North America Inc. Page 124 of 736 WARPDR 4050 Leversee Road Area of Site Plan Amendment HYPER DR IIIIIIIIIIIIIIIIIIIII 0 Page �klfi1) 36 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 December 1, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as December 15, 2025, for a Site Plan Amendment by RNK Investments, LLC, for the construction of a 12,000 square foot commercial building, and a future 12,000 square foot expansion, located in the "M-2,P" Planned Industrial District located northeast of 4050 Leversee Road, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a resolution setting date of public hearing as December 15, 2025, for a site plan amendment by RNK Investments, LLC, for the construction of a 12,000 square foot commercial building, and a further 12,000 square foot expansion, located southeast of 180 Warp Drive, and instruct the City Clerk to publish notice. NEIGHBORHOOD IMPACT This area is seeing healthy growth, and this project will continue to add to that momentum. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The Planning and Zoning Commission will review the site plan amendment at their rebular meeting on December 9, 2025. SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 126 of 736 Lots 27, 28 and 29 of Waterloo Air and Rail Park 4th Addition, Waterloo, Black Hawk County, Iowa ATTACHMENTS 1. Staff Report 2. Site Plan 3. Building Plans 4. Aerial Map Page 127 of 736 CITY OF Lt k WATERLOO Planning & Zoning TO: PREPARER: PZ MEETING DATE: REQUEST: APPLICANT: LOCATION: Planning, Programming, and Zoning Commission Adarsh Tummala, Planner I December 9, 2025 Site Plan Amendment to the "M-2, P" Planned Industrial District for a new industrial building and phase 2 addition. RNK Properties LLC. Northeast of 4050 Leversee Road. _J M-2, P tROCK ' A-1 SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: The request to construct the new 12,000 square foot industrial building and 12,000 square foot phase 2 addition would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with the industrial character of the area and zoning classification. Page 128 of 736 VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: Area of Site Plan Amc ximenl 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. RELATIONSHIP TO No trails or sidewalks are located adjacent to the site in RECREATIONAL question. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The site is zoned "M-2,P" Planned Industrial District and has FOR SITE AND been since the adoption of ordinance 4077 on March 13, 1995 IMMEDIATE VICINITY: when it was rezoned from "A-1" Agricultural District. North, East, South, and West — Industrial uses and vacant lots zoned "M-2,P" Planned Industrial District. Page 129 of 736 v..1 eLe { WARP OR j X j l { -J, .r4rerrr "rrr Ir i` r } • f } v - }/ r+ } } . } �+ } v Area of Site P#an Amendment j. } • / r ems / I f r r :— ;— —or f r /` i r / �fi y;o �% % Fc+1 -4 ,F.. A'A -� , v, -�f rive. ! 4- �,_. / s '�,-. .f s "-. / j'�,-. .1 — I s , J �,-. i> s d. > f s 'IA' 1r y�4. rf �l •ir ^x rf i �l,,r 4� �' "ler 7A r A" •�fss�j s /s /s, f. �i /s s/ss V"r ► r f T`r r Y W,11_, r!- r r /04 FLOODPLAIN: 4i: �:h5n44'hY 4.7 The property is not located within a floodplain according to the 2024 FEMA Floodplain Maps. Page 130 of 736 DEVELOPMENT The warehouses to the west of the site in question have been HISTORY: 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. PUBLIC /OPEN The nearest open space is Big Woods Lake Recreation 2.7 SPACES/ SCHOOLS: miles west from the site in question. DRAINAGE: The request does not appear to have a negative impact on drainage. UTILITIES: WATER, There is an 8" water main along Warp Drive. A varying in width SANITARY SEWER, storm water management and drainage easement exists along STORM SEWER, ETC. the rear property line and a 10' public utility easement exists along the front property line. Storm Water Management, Drainage, and Airport Fence Access Easement Property requesting Site Plan Amendment Water Main STAFF ANALYSIS — Among other purposes, the "M-2, P" Planned Industrial District ZONING ORDINANCE aims provide greater flexibility and diversification of land uses and building locations. Therefore, the Site Plan Amendment meets all the requirements of the Zoning Ordinance. The applicants are not looking to subdivide the property. STAFF ANALYSIS — SUBDIVISION ORDINANCE Page 131 of 736 STAFF ANALYSIS — SITE ANALYSIS: The applicant is proposing to build a 12,000 square foot industrial building and a 12,000 square foot phase 2 addition located in the "M-2, P" Planned Industrial District located northeast of 4050 Leversee Road. According to the site plan, the front yard setback is 116', rear yard setback is 204', and the side yard setback to the west property line is 61' and the proposed phase 2 addition would be 71.88' from the southeast corner to the east property line. The vehicle use area is setback 60' from the established street right-of-way and south lot line parallel to Warp Dr. and setback 5' from the west lot line, which complies with the 5' minimum setback requirement. The request would not appear to have a negative impact on the surrounding area or traffic conditions in the area. Planning will need a landscaping plan prior to issuance of a building permit. Page 132 of 736 HASIC B➢IL➢ING INSTALLATION GUIDE 356E M9-29 A905 INSTALLATION GUI➢E 9797 SEAUONAIL INSTALLATION GUIDE 5176 190019 MBA5 MAINTENANCE 593E 25-224374.01 1002120222 107 BY 120' EH 2110.5' ROOF PITCH 0.475.52 r Page 133 of 736 Picture 1: Area of Site Plan Amendment looking east from WARP Drive. Picture 2: Looking north toward Waterloo Regional Airport at are of Site Plan Amendment. Page 134 of 736 Picture 3: Looking west toward 4050 Leversee Road. Picture 4: Looking northwest at new building being constructed. Page 135 of 736 Picture 5: Looking northwest at newly constructed WARP Drive. STAFF ANALYSIS — PARKING STAFF ANALYSIS — SIDE ELEVATIONS/ FLOOR PLANS Parking requirement is one (1) parking space for each two hundred fifty (250) square feet of office floor area and one (1) space for each two (2) persons employed on the maximum shift. The interior layout indicates approximately 908.05 square feet of office space, which would require 4 parking spaces, and applicant notified Planning that there would be 10 people employed on the maximum shift between the field and office, which would require 5 parking spaces. According to the site plan, the applicant is proposing 16 parking spaces including 1 handicap space. The vehicle use area is indicated to be hard surfaced with gravel surrounding it. Though the site plan does not indicate parking on said gravel area, to reiterate the ordinance, vehicle parking would not be permitted on the graveled area. Equipment and product storage areas can be gravel, but Staff would not want to see such storage areas in the front yard. The building will be 21'-10 1/2" tall. Therefore, because of the greater flexibility allowed in the "M-2, P" Planned Industrial District, the building elevations meet all the requirements of the Zoning Ordinance. Page 136 of 736 HAUPTLY CONSTRUCTION KOELKER EXCAVATING 100'-0" x 120'-0" BUILDING WATERLOO, LA o o 0 SI �R11 FVEi.FlW0. PLAN iwxrm..a.rwes¢ A1.0 - Level Mar Plan A1.1 k�9eoe�yle�iel ➢l.ac➢PLU Plae ected Ceiling Plana xa-1 ▪ - s sue.. .a hak.I • - Struclural Notes.,,e Typie. o.:.u. Sheol Na A1.0 x a9 r S —J OSEWNO LEVEL FLOOR PI.PN ij OENLARGED MAIN LEVEL FLOOk P1M She.. A1.1 Page 137 of 736 TECH REVIEW AND TBD UPDATES PLANNING, TBD PROGRAMMING AND ZONING COMMISSION RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF 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. Future Land Use Map Industrial Therefore, staff recommends that the request by RNK RECOMMENDATION: Properties, LLC for a Site Plan Amendment for a 12,000 square foot industrial building and a 12,000 square foot phase 2 addition located in the "M-2, P" Planned Industrial District located northeast of 4050 Leversee Road, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. Page 138 of 736 3. The request would not appear to have a negative impact upon the surrounding area and would be compatible with surrounding development. And with the following conditions(s): 1. That the site plan is updated to remove all gravel areas from the front yard. 2. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. Page 139 of 736 SITE ADDRESS: LOTS 27, 28, & 29 OF WATERLOO AIR & RAIL PARK 4TH ADDITION PARCEL ID: <PARCEL ID> ZONING: M-2, P: PLANNED INDUSTRIAL LOT SIZE: 183891.62 SF / 4.22 ACRES SETBACK REQUIREMENTS FRONT: 25' REAR: 40' SIDE: 5' PARKING: STORM WATER MANAGMENT, DRAINAGE, AND AIRPORT FENCE ACCESS EASEMENT LOT 29 LOT 28 40' REAR SETBACK LOT 27 1. PER SEC. 10-25-2, A.2 FOR PARKING FACILITIES LOCATED IN 14-2,P" PLANNED INDUSTRIAL, THE SCHEDULES SET FORTH IN THIS SECTION SHALL GENERALLY BE THE MAXIMUM. THE ACTUAL PARKING REQUIREMENTS SHALL BE DETERMINED DURING THE REVIEW OF THE SITE PLAN BY THE COMMISSION IN VIEW OF THE FLEXIBILITY OF THE GUIDELINES FOR THESE PARTICULAR DISTRICTS. 2. STANDARD REQUIREMENT PER SEC. 10-25-2, D.10 3. CONTRACTOR BUSINESS: NOT LESS THAN ONE PARKING SPACE FOR EVERY 250 SQUARE FEET OF OFFICE FLOOR AREA AND ONE SPACE FOR EACH TWO PERSONS EMPLOYED ON MAXIMUM SHIFT. CALCULATIONS: TOTAL OFFICE FLOOR AREA = # SF / # = # SPACES MAX SHIFT PROJECTED EMPLOYEES = 10 EMPLOYEES / 2 = 5 SPACES TOTAL SPACES = # SPACES + 5 SPACES = # SPACES STANDARD REQUIRED PARKING = # SPACES PROVIDED PARKING = 15 SPACES FLOOD PLAIN: ZONE X PER FIRM MAP 19013C0167F, EFF. 7/18/2011 \,/ PROPOSED 120 x 100 BUILDING/ //f1 12000 SF 6' ,22' 0 o IT 43' FUTURE 120 x 100 BUILDING 12000 SF TRACT D- STORM WATER MANAGMENT CC W �W/ V CONCEPT EXHIBIT WARP OFFICE PN: N/A KOELKER EXCAVATING INC. lofl 10/14/2025 PRELIM Page 140 of 736 Drawing Index Drawing Release History General Notes Butler Manufacturing a division of BlueScope Buildings North Arnerica, Inc. Drawing Title Cover Sheet Codes and Loads Notes Anchor Rod Plan Primary Structural Secondary Structural Covering Pages 1 2 3 4 5-11 12-20 21-30 Special Drawings Standard Erection Details Planograph Details BASIC BUILDING INSTALLATION GUIDE 3586 MR-24 ROOF INSTALLATION GUIDE 4797 SHADOWALL INSTALLATION GUIDE 5176 ROOF OWNERS MAINTENANCE 5038 25-024374-01 100 x 120 x 22 100' BY 120' EH 21'10.5" ROOF PITCH 0.475:12 Type Date Description PERMIT DRAWINGS REVO 11/3/2025 PERMIT SET- For Building Dept. Approval Materials ASTM Designation 3 Plate Welded Sections Cold Formed Light Gage Shapes Brace Rods Hot Rolled Mill Shapes Hot Rolled Angles Hollow Structural Section (HSS) Cladding A529, A572, A1011, A1018 A653, A1011 A572, A510 A36, A529, A572, A588, A992 A529, A572, A588, A992 A500 A653, A792 Grade 55 Grade 60 Grade 50 Grade 36 or 50 Grade 50 Grade B Grade 50 or Grade 80 High Strength Bolt Tightening Requirements It is the responsibility of the erector to ensure proper bolt tightness in accordance with applicable regulations. See RCSC specification for structural joints using high strength bolts for more information. See erection guide for bolt tightening instructions. The following criteria may be used to determine the bolt tightness (i.e.-snug tight or pre -tension) unless required otherwise by local jurisdiction or contract. All A490 bolts shall be "pre -tensioned". A325 bolts in primary framing and bracing connections may be "snug -tight" except as follows; Pre -tension A325 bolts if building supports a crane greater than 5 ton capacity. Pre -tension A325 bolts if building supports machinery that creates vibration, impact, or stress reversals on connections. Pre -tension A325 bolts if located in high seismic areas. For IBC based codes; high seismic is design category D, E or F. See codes and loads section below for details. Pre -tension any connection with designation A325-SC. Slip critical (SC) connections must be free of paint, oil or other materials that reduce friction at contact surfaces. Galvanized or lightly rusted surfaces are acceptable. In Canada, all A325 and A490 bolts shall be "pre -tensioned", except for secondary members and flange braces. Secondary members and flange brace connections are always "snug tight", unless indicated otherwise in erection drawing details. Inspection and Testing Special inspections and testing required by Authority Having Jurisdiction (AHJ) during construction and/or steel fabrication is the responsibility of the owner or owners authorized agent. When required, the owner shall employ a Quality Assurance Agency (QAA) approved by the AHJ. The builder is responsible to coordinate between the QAA firm and BBNA Fabrication Facilities. The type and extent of special inspections and NDT weld testing must be specifically stipulated in contract documents or BBNA will assume special inspections and/or NDT testing are waived as permitted by the building code based on BBNA facilities IAS AC472 accreditation. - THIS BUILDING WAS NOT DESIGNED FOR FUTURE EXPANSION IN ANY DIRECTION - MODIFICATION TO EXISTING IS NOT BY BBNA - REVIEW OF THE EXISTING BUILDING IS NOT BY BBNA - THIS BUILDING WAS NOT DESIGNED FOR MEZZANINES ALL FUTURE NON-BBNA MEZZANINES MUST BE FREE STANDING FROM THE BUILDING STRUCTURE AND SHOULD BE STRUCTURALLY SEPERATE TO ALLOW FOR THE DEFLECTION OF THIS BUILDING - THIS BUILDING HAS BEEN DESIGNED TO SUPPORT DROP CEILINGS WITHIN A 5 PSF COLLATERAL LOAD THAT ALSO INCLUDES LIGHTING - THE ROOF SURFACE HAS NOT BEEN DESIGNED FOR ANY CONCENTRATED ROOF LOADS OR SPRINKLER MAINS OVER 4" IN DIAMETER. IF THESE CONDITIONS EXIST, PLEASE CONTACT BUTLER MANUFACTURING FOR A STRUCTURAL REVIEW. ALL COLLATERAL LOADS SHOULD ONLY ATTACH TO THE PURLINS FOLLOWING THE HANGING LOADS PLANOGRAPH (B-081465). - THE SPECIFIED MINIMUM ROOF SNOW LOAD IS A SEPERATE UNIFORM LOAD CASE. IT WAS NOT USED IN DETERMINING OR IN COMBINATION WITH WIND LOADING, SEISMIC LOADING, SNOW DRIFTS, SLIDING SNOW, OR UNBALANCED SNOW LOADING. - THE DOORS AND FRAMED OPENINGS ON THIS PROJECT ARE ASSUMED TO NOT HAVE COILS OR WIND LOCKS. - THE DOORS ON THIS ORDER ARE ASSUMED TO BE CLOSED DURING WIND EVENTS. BlueScope This document has been electronically signed and sealed by Delaney Snyder, PE using my Digital Signature with PE seal affixed. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copy. 2025.11.03 16:12:47-06'00' O ,,,`F EIS S I °N/ DELANEY SNYDER P28778 G> — 177 %///„ /O W P\ \\\.�: License Expires: December 31 st, 2025 The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 COVER SHEET The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Builder: Hauptly Construction Inc. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Builder's PO#: Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: 1 VPC Filename: 25-024374-01 11/3/2025 15:05:05 a division of BlueScope Buildings North America, Inc. Page 141 of 736 Codes and Loads WHEN MULTIPLE BUILDINGS ARE INVOLVED, SPECIFIC LOAD FACTORS FOR DIFFERING OCCUPANCIES, BUILDING DIMENSIONS, HEIGHTS, FRAMING SYSTEMS, ROOF SLOPES, ETC., MAY RESULT IN DIFFERENT LOAD APPLICATION FACTORS THAN INDICATED BELOW. SEE CALCULATIONS FOR FURTHER DETAILS. WIND LOADS ARE APPLIED TO OVERALL BUILDING ENVELOPE. COMMON WALLS BETWEEN CONNECTED SHAPES ARE NOT SUBJECT TO EXTERNAL WIND LOADS. City: Waterloo County: Black Hawk State: Iowa Country: United States Building Code Building Code: 2021 International Building Code Structural: 16AISC - ASD Rainfall: I: 7.14 inches per hour Building Risk/Occupancy Category: Dead and Collateral Loads Collateral Gravity: 5.00 psf Collateral Uplift: 0.00 psf II (Standard Occupancy Structure) Cold Form: 16AISI - ASD f'c: 3000.00 psi Concrete Wind Load Wind Speed: Vult: 109.00 (Vasd: 84.43) mph The 'Envelope Procedure' is Used Primaries Wind Exposure: C - Kz: 0.928 Parts Wind Exposure Factor: 0.928 Wind Enclosure: Enclosed Topographic Factor: Kzt: 1.0000 Ground Elevation Factor: Ke: 1.0000 NOT Windborne Debris Region Base Elevation: 1/0/0 Site Elevation: 0.0 ft Primary Zone Strip Width: 2a: 18/3/10 Parts / Portions Zone Strip Width: Walls, a: 9/1/13 Roof(s), 0.6h: 13/8/11 Velocity Pressure: qz: 23.99, (C&C) 23.99 psf Material Dead Weight Roof Covering + Second. Dead Load: Varies Frame Weight (assumed for seismic)2.50 psf Snow Load Ground Snow Load: pg: 30.00 psf Flat Roof Snow: pf: 21.00 psf Design Snow (Sloped): ps: 21.00 psf Rain Surcharge: 0.00 psf Specified Minimum Roof Snow: 20.00 psf (Code) Exposure Factor: 2 Partially Exposed - Ce: 1.00 Snow Importance: Is: 1.000 Thermal Factor: Heated - Ct: 1 00 Ground / Roof Conversion: 0.70 Obstructed or Not Slippery 100 x 120 x 22 / Roof: B /X / Roof Live Load Roof Live Load: 20.00 psf Reducible Seismic Load Lateral Force Resisting Systems using Equivalent Force Procedure Mapped MCE Acceleration: Ss: 5.70 %g Mapped MCE Acceleration: S1: 4.70 %g Site Class: Stiff soil (D) - Default Seismic Importance: Design Acceleration Design Acceleration Ie: 1.0000 Parameter: Sds: 0.0608 Parameter: Sdl: 0.0752 Seismic Design Category: B Seismic Snow Load: 0.00 psf % Snow Used in Seismic: 0.00 Diaphragm Condition: Flexible Fundamental Period Height Used: 23/10/6 Transverse Direction Parameters System NOT detailed for Seismic Redundancy Factor: Rho: 1.00 Fundamental Period: Ta: 0.3543 R-Factor: 3.00 Overstrength Factor: Omega: 2.50 Deflection Amplification Factor: Cd: 3.00 Base Shear: V: 0.0203 x W Longitudinal Direction Parameters System NOT detailed for Seismic Redundancy Factor: Rho: 1.00 Fundamental Period: Ta: 0.2159 R-Factor: 1.25 Overstrength Factor: Omega: 2.50 Deflection Amplification Factor: Cd: 3.00 Base Shear: V: 0.0486 x W 100 x 120 x 22 / Roof: A / / / / / / 100 x 120 x 22 Wall 4 - Canopy 1 / / / / / / / / / / / / / / / / / / / / / / \ / / / / / / / \Q�OFESS/. 11/ a CO -z =w . DELANEY • = SNYDER Z P28778 • m '/,,, /OW P \\" PERMIT SET- For Building Dept. Approval License Expires: December 31 st, 2025 The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 CODES AND LOADS Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 2 VPC Filename: 25-024374-01 11/3/2025 15:05:06 a division of BlueScope Buildings North America, Inc. Page 142 of 736 BUILDER/CONTRACTOR RESPONSIBILITIES Butler Mfg. follows the guidelines as outlined in the AISC and MBMA Codes of Standard Practice. Butler Mfg. standard product specifications, design, fabrication, quality criteria shall govern all work unless stipulated otherwise in the contract documents. In case of discrepancies between Butler Mfg. structural plans and plans for other trades, Butler Mfg. structural plans shall govern. It is the responsibility of the Builder to obtain approvals and permits from all governing agencies and jurisdictions as required. Approval of Butler Mfg drawings constitutes the builders acceptance of Butler interpretation of the contract purchase order. Unless specific design criteria concerning interface design and details are furnished as part of the contract, Butler Mfg. design assumptions shall govern. Butler engineers are not Project Engineers or Engineer of Record for the overall project. Butler engineering supply sealed engineering design data and drawings for Butler supplied material as part of the overall project for use by others to obtain permits, approvals, and coordinate with other trades. All interface and/or compatibility of any materials not furnished by Butler are to be considered and coordinated by the builder or NE firm. CONSTRUCTION & ERECTION RESPONSIBILITY The Builder is responsible for construction in strict accordance with Butler Mfg. "FOR CONSTRUCTION" drawings and all applicable product installation guides. Butler is not responsible for work done from any other Butler drawings that are not marked "FOR CONSTRUCTION", nor any drawings prepared by others. As erected field assemblies of members shall be as specified in MBMA Code of Standard Practice (in Canada - CSA S16), which require L/500 tolerance of installed members. Occasional field work including shimming, cutting, coping, and drilling for final fit -up are considered part of erection. Specified field work and field welding conditions indicated on these drawings shall also be included in the erectors scope of work. See Erection Guide for shimming procedure. For building with top riding bridge cranes see Crane Data drawing for column plumb tolerance. The building erector shall be properly licensed and experienced in erecting metal building systems. The Builder is responsible for having knowledge of, and shall comply with, all OSHA requirements and all other governing site safety criteria. The builder is responsible for designing, supplying, locating and installing temporary supports and bracing during erection of the building. Butler bracing is designed for code required loads after building completion and shall not be considered as adequate erection bracing. See Erection Guide. Shimming of steel buildings during erection may be required to accomodate allowable tolerances during fabrication and erection. Special care should be taken by the building erector to shim connections where key dimensions must be maintained for building performance as even small tolerances can have a significant impact on critical dimensions such as height, clearances and plumbness, especially as the size of the member or building increases. Conditions where shimming should be expected can include but are not limited to large door openings, critical clear height requirements, cranes, buildings greater than 45 feet in height, clear spans greater than 125 feet and adjacent frames with different characteristics (like clear span frames adjacent to an endwall or modular frame). Shims are normally provided by the erector, but may be ordered upon request by contacting your Project Manager. EXISTING STRUCTURES Butler must be advised of any structure that is within 20 ft. of Butler's building. Load effects from snow drifting, wind effects, and seismic separation must be considered for both the new and existing structures. Butler has designed the new Butler building for these effects. The owner/builder are responsible for employing a Professional Engineer to review and verify the existing structure for all load effects from the adjacent Butler building. BRACING Tension brace rods work in pairs to balance forces caused by initial tensioning. Care must be taken while tightening brace rods so as not to cause accidental or misalignment of components. All rods must be installed loose and then tightened. Rods should not exhibit excessive sag. For long or heavy rods, or angles it may be necessary to support the rods at mid -bay by suspending them from secondary members. Bracing for seismic or wind loading of objects or equipment that are not a part of the Butler structure must be designed by a qualified professional to deliver lateral loads to primary frames and rod bracing struts. Equipment bracing and suspension connections must not impose torsion or minor axis loads, or cause local distortion in any Butler components. Butler accepts no responsibility for design or installation of bracing systems not furnished by Butler. FIELD WELDING All field welding shall be done at the direction of a design professional, and done in accordance with governing requirements (AWS in USA, CWB in Canada) by welders qualified to perform the welding as directed by the applicable welding procedure specification (WPS). A WPS shall be prepared by the contractor for each welding variation specified. The contractor is responsible for any special welding inspection as required by local jurisdiction. Filler metal shall be 70 ksi (480 MPa) tensile strength. For welds in high seismic force resisting system (Seismic Cat D, E or F), minimum Charpy V-Notch toughness shall meet AISC-341 criteria (20 ft-Ibs min @ ODeg F). Interpass temperatures shall not exceed 550Deg F (300Deg C). SIGNAGE The Builder is responsible for furnishing signs as required by Code and the Building Department, including but not limited to, exits, occupancy limits, floor loading limits, and bulk storage limits. Floor loading signs shall clearly indicate maximum floor live load permitted. Bulk storage facilities shall have signs clearly posted on all loaded walls indicating the type of commodity stored and the maximum storage height. Signs shall be clearly visible when building is fully loaded to design level. Overloading of floors or walls may result in failure. DELIVERIES It is the responsibility of the builder to have adequate equipment available at the job site to unload trucks in a safe and timely manner. The Builder will be responsible for all retention charges from carriers as a result of job site unloading delays. Claims for damage or shorts MUST be noted on the Bill -of -Lading or delivery receipt and filed against the carrier by the consignee as per Butler's Terms of Sales (F.O.B. Plant) under the Uniform Commercial Code. It is critical that damages or shorts be noted on the Bill -of -Lading or you have little recourse with the carrier. Immediately upon delivery of material, material quantities are verified by the Builder against quantities billed on the shipping document. Neither the Manufacturer nor the carrier is responsible for material shortages against quantities billed on the shipping document if such shortages are not noted on the shipping documents upon delivery of material and acknowledged by the carriers agent. For materials concealed in bundles, boxes, or crates, shortages must be reported immediately upon unpacking. Should products get wet, bundled and crated materials must be unpacked and unbundled immediately to provide drainage of trapped moisture. See Erection Guide for proper job site storage procedure. SEALANTS Sealants shall be applied in strict accordance with Butler details or weather tightness will be compromised. Sealant must be applied in temperatures and weather conditions consistent with labeling. INDEPENDENT MEZZANINES Independent mezzanines must be designed by a professional engineer. The engineer must ensure that proper isolation from the Butler building has been provided to avoid structural damage due to differential movements, or inadvertently apply loads to the Butler structure. Butler accepts no responsibility for the design of the independent mezzanine. FIRE CODE COMPLIANCE It is the responsibility of the project design professional and builder to comply with local fire code regulations including consideration of, but not limited to, building use and occupancy, all building construction materials, separation requirements, egress requirements, fire protection systems, etc. Builder shall advise Butler of any special requirements to be furnished by Butler. FIELD MODIFICATIONS Modifications to this building from details and instructions contained on these drawings must be approved in writing by Butler Mfg. engineers, or other licensed structural engineer. This includes, but is not limited to, removal of roof or wall cladding, removing or moving any flange braces or rod braces, cutting of openings for doors, windows or RTU's, correction of fabrication errors, etc. The owner shall not impose loads to this structure beyond what is specified for this building in the contract documents. Butler Mfg. accepts no responsibility for the consequences of any unauthorized additions, alterations, or added loads to this structure. If the builder intends to invoice Butler Mfg. for modifications in excess of $1000, The builder must notify Butler Mfg. immediately, and obtain a Work Authorization from Butler Mfg prior to proceeding. All final claims must be submitted to Butler Mfg with all supporting documentation within 30 days of the building completion. Claims submitted without work authorizations, or after 30 days will not be accepted. Correction of minor misfits, shimming and plumbing, moderate amount of reaming, drilling, chipping / cutting and minor welding are considered by Code of Standard Practice to be part of erection are not subject to claim reimbursement. CONCRETE/MASONRY/CONVENTIONAL STUD WALLS The engineer responsible for the design of the wall system is responsible for coordinating with, or specifying to Butler Mfg, any wall to steel compatibility issues such as drift and deflection compatibility, special base details, and wall to Butler steel connections. All fasteners, sealant and counter flashing of wall systems are to be provided by contractor. The engineer responsible for the wall shall design the anchorage to Butler supporting elements consistent with Code required forces. PANELS Oil canning is an inherent characteristic of cold formed steel panels. It is the result of several factors that include induced stresses in the raw material delivered to Butler, fabrication methods, installation procedures, and post installation thermal forces. Thru fastened panels will exhibit some dimpling when installed, especially when insulation is installed between panels and secondary supports. Dimpling can be minimized by careful installation, taking care not to over drive fasteners. Roof rumble is a phenomenon that is caused by wind gusts lifting up on the roof panels and then springing back into place. All panels experience this action to some degree, especially with concealed clip Standing Seam panels. Roof rumble noise may be minimized by providing a layer of blanket insulation between the panels and any hard support surface such as steel secondary members, substrates such as plywood, steel decking, or rigid board insulation. A minimum of 3 inch thick blanket is recommended over steel secondary members, or 2 inch over substrates. Oil canning, dimpling, and roof rumble do not affect the structural integrity or weather tightness of the panels and is not grounds for rejection of panels. The Standing Seam joint detail is designed with an interlocking feature for ease of installation. However, it is imperative that installed Standing Seam panels be secured to the secondary structural members and properly seamed prior to departure from the job site each day. SKYLIGHTS Local building departments may require added fall restraint due to conditions that may affect the skylight structural integrity. It is the responsibility of the builder to determine and provide any added fall restraint under the skylight as may be required by your building department. RAIN WATER RUNOFF Drainage systems must be designed by the project professional to comply with code requirements. Butler is not responsible for drainage designs, overflow scuppers, down piping, etc. The project professional and contractor are responsible to ensure that primary drains and overflow devices such as scuppers and auxiliary drains are provided as required for the required rain intensity at the building perimeter and at valley conditions to prevent ponding. STEEL SHOP COAT The purpose of Butler's shop coat is to provide protection for the steel members during transportation, during temporary job site storage and during erection. Standard shop formulation is not designed to perform as a finish coat when exposed to environmental conditions. Members shall be kept free of the ground and properly drained during job site storage. It is the Builder's responsibility to ensure that if a finish coat is being applied over Butler shop coat that the painting contractor verifies compatibility between his finish coat and Butler's shop coat. BUTLER MFG. ACCREDITATIONS AND APPROVALS Fabricator Approvals IAS AC472 Approvals: (www.iasonline.org/services/metal-building-inspection) Listed under BlueScope Buildings North America, Inc. City of Los Angeles, CA #FB00031; City of Houston, TX 767; City of Phoenix, AZ C19-02008; Clark County, NV 43 & 833, San Bernardino County, CA 289, State of Utah, City of Richmond, Ca. Design Approvals IAS AC472 Approvals: (www.iasonline.org/services/metal-building-inspection) Listed under Butler Manufacturing, a Division of BlueScope Buildings North America, Inc. Canadian CSA A660 Certifications (www.cwbgroup.org) Listed under BlueScope Buildings North America, Inc. Engineering Certifications of Authorization USA--AL#CA-5589-E; AZ#22225-0; AR#576; FL#30427; GA#PEF007551; ID#C-2470; IL#184-002649; KS#E-29; KY#4490; LA#EF6722; MS#E-0592; MO#E-2010007736; NC#F-0998; ND#1579PE; NJ#24GA28318800; NV#20437; OH#05898; OK#CA4170PE; RI#8838; SC#6206; SD#C-1787; TX#F4828; VA#0411001520; VA#0411001518; WA#4119; WV#C03059-00 CAN--AB#P08900; NB#F0951; NL#D0044; NS#30123; NT#P062; ON#100148796; and YT#PP134 I1111i,/ \`OFESSIpn,//' DELANEY = SNYDER Z _ P28778 :',r > ...... ••• PERMIT SET- For Building Dept. Approval • License Expires'. December 31st, 2025 The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 ERECTION NOTES Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 �aurLEli Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 3 VPC Filename: 25-024374-01 11/3/2025 15:05:08 a division of BlueScope Buildings North America, Inc. Page 143 of 736 f Dim. A Dim. A 2 1/2" 64mm WIDTH 4mm/, 9- L!T 4" t 5" 102mm 127mm E v to E E CO LrI E a 2 1/2" 64mm x z w J E E in E WIDTH t 1,2 4m/m1 9- m 'c w £ 0 LENGTH Dim. C Dim. D GROUT SECTION x 0 EE AR1 (4)3/4" Dia. Max Plate W=8",L=1'-1", Min Thk=3/8" Dim: A=1'-0" Elev.=100'-0" AR12 (4) 3/4" Dia. Max Plate W=8",L=1'-1", Min Thk=3/8" Dim: A=5 1/8" Elev.=100'-0" AR27 (4)1 1/4" Dia. Max Plate W=1'-0",L=1'-1", Min Thk=1/2 Dim: A=1'-0" Elev.=100'-0" D1 (4) 1" Dia. Max Plate W=9",L=1'-7", Min Thk=1" 'Dim: A=9 3/4" B=1'-1" C=1 3/4" D=1 3/4" E=4" Elev.=100'-2" NUT — 4" (102mm) PROJECTION HARDENED WASHER BOTTOM OF COLUMN BASE PLATE ELEV. —TOP OF FOUNDATION - CONSIDER ANY SPACE BETWEEN THE FOUNDATION AND COLUMN BASE IN ANCHOR ROD LENGTH REQUIREMENT THE 4" PROJECTION ABOVE THE BOTTOM OF THE BASE PLATE IS A SUGGESTED MINIMUM TO ENSURE ADEQUATE ANCHOR ROD LENGTH. A DIFFERENT PROJECTION MAY BE REQUIRED BY THE FOUNDATION DESIGNER. THE ANCHOR ROD PROJECTION MAY NEED TO BE CUT OFF IF THERE IS INTERFERENCE WITH OTHER PARTS. SUGGESTED ANCHOR ROD PROJECTION 1/2" (13mm) DIAMETER CONCRETE ANCHORS (BY OTHERS) JAMB 1 w 1 1/4" 32mm OPENING WIDTH 1 1/4" 32mm NOTE: 1" (25mm) PROJECTION ABOVE BOTTOM OF JAMB CLIP SEE PLAN FOR JAMB SIZES : J = SIZE JAMB 'EQ.' VALUES: 7 EQ = 2" 51mm, 8.5 EQ = 2 3/4" 70mm 10 EQ = 3 1/2" 89mm, 11.5 EQ = 4 1/4" 108mm FRAMED OPENING DETAIL E E J = SEE PLAN BASE E E 'PLATE- � PROJECTION BOTTOM OF BASE PLATE a n 'a FILL WITH 2" (51mm) NON -SHRINK GROUT AFTER COLUMN IS IN PLACE CI M CI M CI M CI M CI FLOOR LINE LEVELING NUT • W/ STANDARD HARDENED WASHER (TYP) GROUTED BASE REQUIREMENT L VARIES BOTTOM OF COLUMN BASE PLATE STD = 1/2" (13mm) FLUSH = 0" (0mm) TYPICAL COLUMN BASE PLATE DETAIL 1. ANCHOR RODS, NUTS, HARDENED WASHERS AND ANY OTHER EMBEDDED ITEMS ARE TO BE FURNISHED BY CONTRACTOR. 2. ANCHOR ROD DIAMETERS WERE DETERMINED BY ALLOWABLE SHEAR AND TENSION PER AISC SPECIFICATIONS (FY=36KSI). (ASTM F1554 GRADE 36) ANCHOR ROD LENGTH, EFFECTS OF EMBEDDED ANCHOR ROD EDGE DIMENSIONS AND METHOD OF TRANSFERRING FORCES FROM ANCHOR RODS TO FOOTINGS ARE TO BE DETERMINED BY OTHERS. 3. UNLESS OTHERWISE SPECIFIED, ANCHOR RODS ARE DESIGNED AND DETAILED AS "CAST -IN -PLACE" ANCHOR RODS WITH "SNUG TIGHT" CONNECTIONS. 4. FOUNDATION MUST BE LEVEL, SQUARE AND SMOOTH. ANCHOR RODS MUST BE ACCURATELY PLACED AS SHOWN ON THIS DRAWING OR STEEL WILL NOT FIT. THE BUILDER IS RESPONSIBLE FOR ACCURATE SETTING OF ANCHOR RODS PER AISC CODE OF STANDARD PRACTICE, SEC 7.5 VARIATIONS ARE SUMMARIZED BELOW; a. CENTERS OF ANY TWO AR'S WITHIN A COLUMN BASE GROUP; +-1/8" b. CENTERS OF ADJACENT AR GROUPS; +-1/4" c. TOPS OF AR'S; +-1/2" d. ACCUMULATED DIM BETWEEN CENTERS OF AR GROUPS ALONG COLUMN LINE; +-1/4" PER 100FT., NOT TO EXCEED 1" TOTAL. e. DIM FROM CENTER OF ANY AR GROUP FROM COLUMN LINE; +-1/4" 5. DESIGN LOADS AND REACTIONS ARE FURNISHED IN THE REACTIONS REPORT. Anchor Bolt Qty Qty Bolt Diam 40 3/4" 24 1 1/4" 12 1" 2 4'-0" 1 6" nDimension Key 0 O N O N 0 N 16'-0" i 501L- 22' -0" 1 5'-0" 1 16'-0" 1 9'-0" AR12 r 12 AR12 FI--I AR1 H 191 IAR2 7 AR27 D1 H $ H D1 J 1 L � J AR127 AR12t127 r t � L + AR271 AR27?t r t J L r AR11 AR12 AR12I AR12 AR1'' 18'-6" 1 5'-0" 6' 6" 1 9'-0" i 29'-6" i 16'-0" 30'-0" I 5'-0" d BL 120 -0" 22'-0" 30'-0" 16'-0" 29'-6" a 9'-0" ANCHOR ROD PLAN Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) BL 0 N 0 N 0 N FOR CONSTRUCTION DELANEY SNYDER P28778 1, /O W P License Expires'. December 3151, 2025 <*> The building is designed with bracing diagonals in the designated bays. Column base reactions, base plates and anchor rods are affected by this bracing and diagonals may not be relocated without consulting the building suppliers engineer. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 ANCHOR ROD PLAN Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 Date: 10/3/2025 Drawn/Check: J.J. Page: 4 Drawing Scale: NTS Builder's PO#: Page 144 of 736 Bracing Part Schedule Part 03RS3905 04RS3705 04RS3701 04RS3905 05RS3708 1 Qty 2 1 1 2 2 6" Dimension Key Length 39'-5" 37'-5" 37'-1" 39'-5" 37'-8" Detail BRO1G2 BRO1G2 BRO1G2 BRO1G2 BRO1G2 n lJ 0 10 N 0 10 N CXoo2 CX004 CX006 CX006 H Cx010 ra CX001 29'-6" I H cxolo t N CX003 ao CX005 Io 30'-0" k 30'-0" 29'-6" BL 120 -0" I I CX009 I EPX004 r-I r-I EPX002 EPX003 t 0 0 vCX007 CX008 PRIMARY AND ROOF BRACING PLAN Shape Name = 100 x 120 x 22 BL 0 10 N 0 10 N 01111/0 Q co _ w - 0 >. i DELANEY • = SNYDER Z P28778 • m '/,,, /OW PERMIT SET- For Building Dept. Approval License Expires: December 31 s[, 2025 1. Use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections, secondary clip connections, and flange brace connections, unless noted otherwise. 2. Slot reinforcement plates need not be located on the same side of the web as the hillside washer. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 PRIMARY AND ROOF BRACING PLAN Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 5 VPC Filename: 25-024374-01 11/3/2025 15:05:10 a division of BlueScope Buildings North America, Inc. Page 145 of 736 °Bolt Connection & Plate Schedule Frame Member Schedule Part Mem Width Thick CBX001 10001 CX001 1 RBX001 2 3 4 RBX002 5 6 RBX003 7 8 9 CX002 10 EPX001 11 EPX002 12 EPX003 13 12 11 10 9 8 7 6 5 4 3 2 1 5.0000 6.0000 5.0000 5.0000 5.0000 5.0000 5.0000 5.0000 5.0000 5.0000 6.0000 6.0000 6.0000 6.0000 21'-10 1/2" .1875 .5000 .1875 .1875 .1875 .1875 .1875 .1875 .1875 .1875 .3750 .2500 .3750 .2500 4'-0 1/16" 0.4750:12 23'-10 1/4" Ridge Ht. 2'-10 5/8" 4'-4 1/2" 2 @ 5'-0" 2 @ 4'-5 9/16" 1'-1 3/8" 3'-8 1/2" 3'-6" 8 1/2" 21'-8 5/8" 4'-0" Dimension Key WebThk. .1345 .1875 .1345 .1345 .1345 .1345 .1345 .1345 .1345 .1345 .1875 .1644 .1644 .1644 CBX001 Depthl 10" 1'-0" 1'-4" 1'-0" 1'-0" 1'-0" 1'-1 7/8" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0" 0 U Depth2 10" 1'-0" 1'-0" 1'-0" 1'-0" 1'-1 7/8" 1'-0" 1'-0" 1'-0" 1'-4" 1'-0" 1'-0" 1'-0" 1'-0" 0 fA 44 U' Approx.Lgth 6'-1 7/8" 21'-1 1/4" 44'-3 13/16" 8'-0 3/4" Approx.Weight Detail 71# 634# 551# 116# 44'-4 9/16" 550# 21'-1 1/4" 21'-0 1/2" 21'-10 5/16" 21'-0 1/2" RBX001 510# 377# 498# 376# 0 0 0 C7 BR25CA BR25CA BR25CA �J 50'-0 1/2" 0.4750:12 8 GFB2050<S> E Id Qty Grade Bolt Bolt Dia. Length A 8 A325 1/2" 1 1/2" B 4 A325 3/4" 2 1/2" C 4 A325 3/4" 2 1/2" D 8 A325 3/4" 2 1/2" E 4 A325 1/2" 1 1/2" <S> - (2) Washers (095872) req'd @ 5'-0" GFB2050<S> Plate Rows Rows Thick. Out In 1/2" 3/8" 3/8" 3/8" at Flange 1 1 2 1 Brace PartNo - 49080 1 0097284 1 0097284 2 0097284 1 49080 to Secondary. 6 A rn v O N RBX002 6 A rn v 0 RBX003 O 50'-0 1/2" 0.4750:12 8 @ 5'-0" GFB2050<S> E a GFB2050<S> Frame Clearances Horiz. Clearance between members 1(CX001) and 10(CX002): 96'-6 15/16" Vert. Vert. Vert. Vert. Vert. Clearance Clearance Clearance Clearance Clearance at at at at at member member member member member 1(CX001): 19'-8 13/16" 10(CX002): 19'-8 13/16" 11(EPX001): 21'-0 3/8" 12(EPX002): 21'-10 5/16" 13(EPX003): 21'-0 3/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) O O N fA 44 0 U' 0 t O N 44 N W 0 W r- - 0 25' 0" CL 25' 0" BL CL 100' 0" 25'-0" CL 25' IT FRAME CROSS SECTION AT FRAME LINE(S) 1 Shape Name = 100 x 120 x 22 Wall 4, Frame 1 BL 01111/0 \QOFESS/ONE. a z w 0• DELANEY • = SNYDER Z P28778 • m '/,/ /OW t \\\ PERMIT SET- For Building Dept. Approval License Expires: December 31 s[, 2025 1. Use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections, secondary clip connections, and flange brace connections, unless noted otherwise. 2. Slot reinforcement plates need not be located on the same side of the web as the hillside washer. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 FRAME CROSS SECTION AT FRAME LINE(S) 1 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 6 VPC Filename: 25-024374-01 11/3/2025 15:05:11 a division of BlueScope Buildings North America, Inc. Page 146 of 736 °Bolt Connection & Plate Schedule Frame Member Schedule Part Mem Width Thick CBX002 10001 5.0000 CX003 1 10.0000 RBX004 2 6.0000 3 6.0000 4 6.0000 RBX005 5 6.0000 6 6.0000 7 6.0000 CX004 8 10.0000 13 12 11 10 9 8 7 6 5 4 3 2 1 .1875 .6250 .6250 .3750 .5000 .5000 .3750 .6250 .6250 WebThk. .2500 .1875 .2500 .1644 .1875 .1875 .1644 .2500 .1875 IMPORTANT NOTE: - FLANGE BRACES MUST ALL FACE TO THE RIGHT ENDWALL WHEN LOOKING FROM WALL 4 TO WALL 2 - FIRST THREE PURLINS FROM LOW EAVE REQUIRE DOUBLE SIDED FLANGE BRACES. 4'-0 1/16" 0.4750:12 23'-10 1/4" Ridge Ht. 2'-10 5/8" 4'-4 1/2" 2 @ 4'-5 9/16" 1'-1 3/8" 3'-8 1/2" 8" 2 @ 5'-0" 3'-6" 8 1/2" 21'-8 5/8" 4'-0" Dimension Key CBX002 Depthl 10" 1'-0" 4'-0" 2'-0" 2'-0" 2'-8" 2'-0" 2'-0" 1'-0" Approx.Weight 96# 1475# 2047# 2047# 1446# 50'-0 1/2" 0.4750:12 8 Id Qty Grade Bolt Dia. A 8 A325 1/2" B 12 A325 7/8" C 10 A325 7/8" @ 5'-0" Bolt Plate Rows Rows PartNo Length Thick. Out In 1 1/2" - - - 49080 3 1/2" 3/4" 4 2 0097380 3 1/2" 1/2" 1 4 0097380 Depth2 10" 3'-2" 2'-0" 2'-0" 2'-8" 2'-0" 2'-0" 4'-0" 3'-2" (2)GFB5077 Approx.Lgth 6'-1 7/8" 21'-2 1/4" 46'-3 3/4" 46'-3 3/4" 21'-2 1/4" (2) HFB4071 R2,0p4 (2) GFB3000 BL 100' 0" 50'-0 1/2" 0.4750:12 8 @ 5'-0" RBX005 a � o (2) GFB3000 Frame Clearances Horiz. Clearance between members 1(CX003) and 8(CX004): 92'-2 15/16" Vert. Clearance at member 1(CX003): 17'-1 13/16" Vert. Clearance at member 8(CX004): 17'-1 13/16" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) (2)HFB4071 (2)GFB5077 0 U a m r4 m ww 0 1-1 FRAME CROSS SECTION AT FRAME LINE(S) 2 Shape Name = 100 x 120 x 22 Wall 4, Frame 2 BL 01111/0 \QOFESS/ONE. • co11/ - 0 • '/ /O W P \� PERMIT SET- For Building Dept. Approval DELANEY • = SNYDER Z P28778 • m \ License Expires:December 31 st, 2025 1. Use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections, secondary clip connections, and flange brace connections, unless noted otherwise. 2. Slot reinforcement plates need not be located on the same side of the web as the hillside washer. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 FRAME CROSS SECTION AT FRAME LINE(S) 2 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 7 VPC Filename: 25-024374-01 11/3/2025 15:05:13 a division of BlueScope Buildings North America, Inc. Page 147 of 736 Frame Member Schedule Part Mem Width Thick WebThk. Depthl CBX002 10001 5.0000 .1875 .2500 10" CX005 1 10.0000 .6250 .1875 1'-0" RBX006 2 6.0000 .6250 .2500 4'-0" 3 6.0000 .3750 .1644 2'-0" 4 6.0000 .5000 .1875 2'-0" RBX007 5 6.0000 .5000 .1875 2'-8" 6 6.0000 .3750 .1644 2'-0" 7 6.0000 .6250 .2500 2'-0" CX006 8 10.0000 .6250 .1875 1'-0" 11 4'-0 1/16" 0.4750:12 10 9 8 7 6 5 4 3 2 1 23'-10 1/4" Ridge Ht. 2'-10 5/8" 2 @ 4'-5 9/16" 1'-1 3/8" 4'-4 1/2" 2 @ 5'-0" 3'-6" 8 1/2" 21'-8 5/8" 4'-0" Dimension Key CBX002 Depth2 10" 3'-2" 2'-0" 2'-0" 2'-8" 2'-0" 2'-0" 4'-0" 3'-2" (2)GFB5077 { Approx.Lgth 6'-1 7/8" 21'-2 1/4" 46'-3 3/4" 46'-3 3/4" 21'-2 1/4" (2)HFB4071 RBXp06 Approx.Weight 96# 1444# 2047# 2047# 1446# 50'-0 1/2" 0.4750:12- 8 (2)GFB3000 °Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In A 8 A325 1/2" 1 1/2" - - - 49080 B 12 A325 3/4" 2 1/2" 3/4" 4 2 0097284 C 10 A325 3/4" 2 1/2" 1/2" 1 4 0097284 D 12 A325 7/8" 3 1/2" 3/4" 4 2 0097380 @ 5'-0" r 50'-0 1/2" 0.4750:12 8 @ 5'-0" I(2)GFB3000 RBX007 Frame Clearances Horiz. Clearance between members 1(CX005) and 8(CX006): 92'-2 15/16" Vert. Clearance at member 1(CX005): 17'-1 13/16" Vert. Clearance at member 8(CX006): 17'-1 13/16" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) 4- (2)HFB4071 '(2)GFB5077 BL 100' 0" FRAME CROSS SECTION AT FRAME LINE(S) 3 Shape Name = 100 x 120 x 22 Wall 4, Frame 3 BL 01111/0 \OFESS/ONE`,'. a _co -z - 0• * ' ••........• ' '/ /O W P \� PERMIT SET- For Building Dept. Approval DELANEY • = SNYDER z P28778 • 1-77 m License Expires: December 31 s[, 2025 1. Use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections, secondary clip connections, and flange brace connections, unless noted otherwise. 2. Slot reinforcement plates need not be located on the same side of the web as the hillside washer. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 FRAME CROSS SECTION AT FRAME LINE(S) 3 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 8 VPC Filename: 25-024374-01 11/3/2025 15:05:14 a division of BlueScope Buildings North America, Inc. Page 148 of 736 Frame Member Schedule Part Mem Width Thick WebThk. Depthl CBX002 10001 5.0000 .1875 .2500 10" CX007 1 10.0000 .6250 .1875 1'-0" RBX008 2 6.0000 .6250 .2500 4'-0" 3 6.0000 .3750 .1644 2'-0" 4 6.0000 .5000 .1875 2'-0" RBX009 5 6.0000 .5000 .1875 2'-8" 6 6.0000 .3750 .1644 2'-0" 7 6.0000 .6250 .2500 2'-0" CX006 8 10.0000 .6250 .1875 1'-0" 11 4'-0 1/16" 0.4750:12 10 9 8 7 6 5 4 3 2 1 23'-10 1/4" Ridge Ht. 2'-10 5/8" 2 @ 4'-5 9/16" 1'-1 3/8" 4'-4 1/2" 2 @ 5'-0" 3'-6" 8 1/2" 21'-8 5/8" 4'-0" Dimension Key CBX002 Depth2 10" 3'-2" 2'-0" 2'-0" 2'-8" 2'-0" 2'-0" 4'-0" 3'-2" (2)GFB5077 { Approx.Lgth 6'-1 7/8" 21'-2 1/4" 46'-3 3/4" 46'-3 3/4" 21'-2 1/4" (2)HFB4071 RBX008 Approx.Weight 96# 1446# 2047# 2047# 1446# 50'-0 1/2" 0.4750:12- 8 I(2)GFB3000 °Bolt Connection & Plate Schedule Id Qty Grade Bolt Bolt Plate Rows Rows PartNo Dia. Length Thick. Out In A 8 A325 1/2" 1 1/2" - - - 49080 B 12 A325 7/8" 3 1/2" 3/4" 4 2 0097380 C 10 A325 7/8" 3 1/2" 1/2" 1 4 0097380 @ 5'-0" N 0 44 44 0 N O O fA 44 U' r 50'-0 1/2" 0.4750:12 8 @ 5'-0" I(2)GFB3000 RBX009 Frame Clearances Horiz. Clearance between members 1(CX007) and 8(CX006): 92'-2 15/16" Vert. Clearance at member 1(CX007): 17'-1 13/16" Vert. Clearance at member 8(CX006): 17'-1 13/16" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) 4- (2)HFB4071 (2)GFB5077 BL 100' 0" FRAME CROSS SECTION AT FRAME LINE(S) 4 Shape Name = 100 x 120 x 22 Wall 4, Frame 4 BL 01111/0 \OFESS/ONE`,'. a _co -z w - 0• * ' ••........• ' '/ /O W P \� PERMIT SET- For Building Dept. Approval DELANEY • = SNYDER z P28778 • 1-77 m License Expires: December 31 s[, 2025 1. Use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections, secondary clip connections, and flange brace connections, unless noted otherwise. 2. Slot reinforcement plates need not be located on the same side of the web as the hillside washer. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 FRAME CROSS SECTION AT FRAME LINE(S) 4 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 9 VPC Filename: 25-024374-01 11/3/2025 15:05:16 a division of BlueScope Buildings North America, Inc. Page 149 of 736 °Bolt Connection & Plate Schedule Frame Member Schedule Part Mem Width Thick CBX001 10001 CX008 1 RBX010 2 3 4 RBX011 5 6 RBX012 7 8 9 CX009 10 EPX003 11 EPX002 12 EPX004 13 5.0000 6.0000 5.0000 5.0000 5.0000 5.0000 5.0000 5.0000 5.0000 5.0000 6.0000 6.0000 6.0000 6.0000 .1875 .5000 .1875 .1875 .1875 .1875 .1875 .1875 .1875 .1875 .5000 .2500 .3750 .2500 11 4'-0 1/16" 0.4750:12 10 9 8 7 6 5 4 3 2 1 23'-10 1/4" Ridge Ht. 2'-10 5/8" 2 @ 4'-5 9/16" 1'-1 3/8" 4'-4 1/2" 2 @ 5'-0" 3'-6" 8 1/2" 21'-8 5/8" 4'-0" Dimension Key WebThk. .1345 .1875 .1345 .1345 .1345 .1345 .1345 .1345 .1345 .1345 .1875 .1644 .1644 .1644 CBX001 Depthl 10" 1'-0" 1'-4" 1'-0" 1'-0" 1'-0" 1'-1 7/8" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0" 1'-0" Depth2 10" 1'-0" 1'-0" 1'-0" 1'-0" 1'-1 7/8" 1'-0" 1'-0" 1'-0" 1'-4" 1'-0" 1'-0" 1'-0" 1'-0" Approx.Lgth 6'-1 7/8" 21'-1 1/4" 44'-3 7/8" 8'-0 3/4" Approx.Weight Detail 71# 619# 551# 116# 44'-4 9/16" 552# 21'-1 1/4" 21'-0 1/2" 21'-10 5/16" 21'-0 1/2" RBX010 620# 376# 498# 377# O Ln O 44 0 C7 BR25CA BR25CA BR25CA �J 50'-0 1/2" 0.4750:12 8 GFB2050<S> D Id Qty Grade Bolt Bolt Dia. Length A 8 A325 1/2" 1 B 4 A325 3/4" 2 C 4 A325 3/4" 2 D 4 A325 1/2" 1 <S> - (2) Washers (095872) @ 5'-0" GFB2050<S> 1/2" 1/2" 1/2" 1/2" req'd Plate Rows Rows PartNo Thick. Out In - - - 49080 1/2" 1 1 0097284 3/8" 1 1 0097284 3/8" 1 1 49080 at Flange Brace to Secondary. O 0 O 44 fA U' 7 IGFB2056<S> 7 GFB205 <S> RBX011 RBX012 O 50'-0 1/2" 0.4750:12 8 @ 5'-0" GFB2050<S> D GFB2050<S> O Ln 0 44 PO 0 C7 Frame Clearances Horiz. Clearance between members 1(CX008) and 10(CX009): 96'-6 15/16" Vert. Vert. Vert. Vert. Vert. Clearance Clearance Clearance Clearance Clearance at at at at at member member member member member 1(CX008): 19'-8 13/16" 10(CX009): 19'-8 13/16" 11(EPX003): 21'-0 3/8" 12(EPX002): 21'-10 5/16" 13(EPX004): 21'-0 3/8" Finished Floor Elevation = 100'-0" (Unless Noted Otherwise) O Ln 0 fA 44 0 U' 0 44 fA U' 25'-0" CL 25' 0" BL CL 100' 0" 25'-0" CL 25' IT FRAME CROSS SECTION AT FRAME LINE(S) 5 Shape Name = 100 x 120 x 22 Wall 4, Frame 5 BL 01111/0 \QOFESS/pN�`,'. a CO -z -0'. DELANEY • 0 = SNYDER Z P28778 • m '/,/ /OW t \\\ PERMIT SET- For Building Dept. Approval License Expires:December 31 st, 2025 1. Use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections, secondary clip connections, and flange brace connections, unless noted otherwise. 2. Slot reinforcement plates need not be located on the same side of the web as the hillside washer. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 FRAME CROSS SECTION AT FRAME LINE(S) 5 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 10 VPC Filename: 25-024374-01 11/3/2025 15:05:17 a division of BlueScope Buildings North America, Inc. Page 150 of 736 COLUMN OR BEAM WEB ROD —***- ��') HEX NUT _.';1 �L 1 WASHER "A" �l�ll�ll\hll WASHER "B" In HILLSIDE WASHER WEB REINFORCEMENT PLATE (IF PRESENT) MAY BE SHOP WELDED ON EITHER SIDE OF THE WEB. DESCRIPTION/PART NO ROD DIAM NUT HARD STEEL ROUND WASHER A HARD STEEL WASHER B HILLSIDE WASHER 3/8" 95321 3/8" FLAT WASHER (96408) 1/2" BEVEL SQUARE WASHER (46040) 1/2" 95230 1/2" FLAT WASHER (95872) 3/4" FLAT ROUND WASHER (95946) 543334 5/8" 95233 5/8" FLAT WASHER (95945) 3/4" 95235 3/4" FLAT WASHER (95946) 543335 7/8" 95237 7/8" FLAT WASHER (95947) 1" FLAT ROUND WASHER (95948) 1" 95238 1" FLAT WASHER (95948) 1 1/8" FLAT ROUND WASHER 1 1/8" 95239 1 1/8" FLAT WASHER (95949) (95949) 543336 REV. DATE;08/02/17 REV. NO. 04 ROD BRACE WEB SLOT ASSEMBLY BRO1 G2 BASIC ERECTION GUIDE REQUIRED FOR THIS PROJECT: REFER TO: REV. DATE:01/30/14 REV. NO. 00 ENB002 WIDESPAN STRUCTURAL SYSTEM 2013 INSTALLATION GUIDE BASIC ERECTION GUIDE — STRUCTURAL 1. Use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections, secondary clip connections, and flange brace connections, unless noted otherwise. 2. Slot reinforcement plates need not be located on the same side of the web as the hillside washer. BRACE LOCATION FIELD NOTE THE BUILDER WILL HAVE TO FIELD REAM -OUT THE 9/16" DIAM. HOLE IN THE SECONDARY MEMBERS TO 13/16" DIAM. HOLES. (FOR THE 12MDB_ FLANGE BRACE WITH A 3/4" X 2 1/2" A325 BOLT WHEN REQUIRED.) FLANGE BRACE REQUIREMENTS: g FRAME BRACE LOCATION CLIP REQ'D W/ THICK FLANGES ROOF SECONDARY MEMBER FLANGE BRACE (GFB—) OR (HFB—) FLANGE BRACE WILL TYPICALLY CONNECT TO THE WEB OF THE FRAME MEMBER. ALTERNATE CONNECTIONS RULE#1— ALL FLANGE BRACES ON CROSS SECTIONS MUST BE INSTALLED. RULE#2— SINGLE FLANGE BRACES ARE REQUIRED WHEN PART MARK ON CROSS SECTION IS NOT ACCOMPANIED BY (2). RULE#3— FLANGE BRACES ARE REQUIRED BOTH SIDES OF THE FRAME WEB WHEN PART MARK IS ACCOMPANIED BY (2). RULE#4— WHENEVER POSSIBLE, PLACE SINGLE BRACES TOWARD THE CENTER OF THE BUILDING. RULE#5— WHENEVER POSSIBLE, PLACE ALL SINGLE BRACES ON THE SAME SIDE OF THE FRAME WEB. ** 10" & 11 1/2" PURLINS REQUIRE 3 BOLTS AT EACH END OF PURLIN LAP. REV. DATE:05/08/18 REV. NO.02 BRO6AE 1/2" x 1 1/2" A325 BOLTS (49080) FILL ALL HOLES ENDPOST REV_ DATE 07/01/09 REV. NO. 00 PF10C2 TYPICAL FLANGE BRACE CONNECTIONS CONT. PURLIN LAP SHOWN, CONT. GIRT & SIMPLE PURLIN RAKE BEAM OUTSET GIRTS 1'-3" AT 10" & 1 1 1/2" E.W. GIRTS 1'-0" AT 7" & 8 1/2" E.W. GIRTS 6" AT ALL INSET GIRTS RAKE BEAM CONNECTION TO ENDPOST The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. PURLIN ENDPOST REV. DATE:11/16/15 REV. NO.03 BR25CA 1/2" A325 BOLTS (49080) 8 PER BEAM CONNECTION REV. DATE:11/17/17 NOTE: ALL BOLTS TO BE 1/2" X 1 1/2" A325 BOLTS (4908D) (U.N.0.) 1/2" X 1 1/2" A325 BOLTS (49080) WITH HARDENED WASHER (095872) EACH SIDE (TYP AT PURLIN END OF BRACE) FLANGE BRACE (GFB— OR HFB—) RAKE BEAM ENDPOST TOP BETWEEN PURLINS NO CAP CHANNEL — BRACED TO PURLINS ONLY PIGGYBACK CANOPY BEAM NOTE: WHEN INSTALLING ROOF PANEL STRUCTURAL FASTENERS, AVOID FASTENING THRU PIGGYBACK CANOPY BEAMS. REV. NO. 01 PF20C1 HAUNCH MEMBER PIGGYBACK CANOPY BEAM ATTACHMENT TO INTERIOR FRAME This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. WIND POST (2) A325 BOLTS FLANGE BRACE (HFB3060) PRIMARY FRAME 1/2" x 1 1/2" A-325 BOLT (49080) TYP. NOTES: 10 FIELD DRILL 9/16" HOLES IN PRIMARY AND WIND POST WEBS FOR FLANGE BRACE CONNECTIONS. 02 DRILL 9/16" HOLE IN WIND POST WEB APPROX. 2" FROM OUTSIDE FLANGE AND APPROX. 6" FROM TOP OF WIND POST. REV. DATE:09/30/19 REV. NO.02 BR26A1 HORIZON TAL CLEARANCE EXTERIOR COLUMN HORIZONTAL SPLICE ROOF c BEAM INTERIOR COLUMN INTERIOR COLUMN SPLICE REV. DATE:08/12/16 REV. NO. 00 PFROO7 D Rev: Date: WIND POST DETAIL CONNECTION TO FRAME r.ROcIF BEAM w U Q Z < HORIZONTAL wCE w CLEARANCE EXTERIOR COLUMN VERTICAL SPLICE BASE PLAT FINISHED FLOOR ELEVATION 100'—O" (TYPICAL UNLESS NOTED OTHERWISE) COLUMN BASE PLATE NOTE: BASE OF COLUMN MAY NOT BE AT FINISHED FLOOR CLEAR HEIGHT DIMENSION WORK POINTS AS SHOWN ON FRAME CROSS SECTION DRAWINGS Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 Description: Drawing Scale: NTS F = FEET I = INCHES E = EIGHTHS G = GAGE 0 = OPERATION C = FIN/COLOR PANEL/COVERING W 1 3 1 1 7 2 6 1 KTD * F F I I EGGOCCC LENGTH CODE INSULATION 1 8 1 3 0 1 0 3 6 0 3 0 W V * * F F F I I I I I I E C C LENGTH WIDTH THK CODE GAGE ADJUST.CODES SECONDARY (SPECIAL) 0 0 1 0 8 Z 1 9 1 1 4 1 7— * * * * * * FF 1 I E GG COUNTER DEPTH& LENGTH GAGE ADJUST. CODES SHAPE ROD BRACING 0 3 R S 2 5 1 0 1 E** F F I I REV. DATE08/2R/12 LENGTH REV. NO. 01 EN50B1 CX*** = COLUMN (PLATE) CGX*** = COLUMN (GAGE) WCX*** = COLUMN (HOTROLL) RBX*** = RAFTER (PLATE) BGX*** = RAFTER (GAGE) WRX*** = RAFTER (HOTROLL) TRX*** = TRUSS RAFTER ICX*** = INTERIOR COLUMN PCX*** = PIPE COLUMN TCX*** = TUBE COLUMN EPX*** = ENDPOST (PLATE) EGX*** = ENDPOST (GAGE) CBX*** = CANOPY (PLATE) CBX*** = PIGGYBACK CANOPY DCC*** 8 1/2" GAGE POST DCE*** = 10" GAGE POST RS = THREADS BOTH ENDS RT = THREADS ONE END — CLEVIS ONE END RU = CLEVIS BOTH ENDS RP = THREAD BOTH ENDS — NO HILLSIDES MARK NUMBER KEY COMMON GENERATED MARK NUMBERS PERMIT SET- For Building Dept. Approval PRIMARY BRACING SED'S Builder: Hauptly Construction Inc. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 Builder's PO#: DELANEY SNYDER P28778 NN License Expires': December 31 s[, 2025 3urLEO Butler Manufacturing VPC Version: 25.2.0 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. Page: 11 VPC Filename: 25-024374-01 11/3/2025 SEDSheet 15:05:17 a division of BlueScope Buildings North America, Inc. Page 151 of 736 Secondary Mark El E2 E3 E4 E5 E6 P1 P11 P2 P3 P4 P5 P6 P7 Part Schedule Part 00111CS2911416B3 00211CS2911416B2 10E2811411GGB30 10E2905411GGB30 11E2911411BDB30 11E2911411DDB30 10Z2811411GGB3 10Z3311414B5B3 10Z2905411GGB2 10Z3311412B5B3 10Z3311413B5B3 10Z351141544B2 10Z3311411B5B3 10Z351141644B2 °Part Mark Key 1 GFAP0084 2 001SGA11045 3 001SGA19114 4 001SGA18067 5 RECE08081 6 ECC4 2 1 4'-0" 6" Dimension Key Thick. 0.0680 0.0680 0.1130 0.1130 0.1130 0.1130 0.1130 0.0790 0.1130 0.0980 0.0880 0.0730 0.1130 0.0680 Depth Lap 11 1/2" 11 1/2" 10" 10" 11 1/2" 11 1/2" 10" 10" 10" 10" 10" 10" 10" 10" 3'-10 1/2" 3'-10 1/2" 3'-10 1/2" 2'-10 1/2" 3'-10 1/2" 2'-10 1/2" Detail RSB003,RSB001,PF20C1 RSB003,RSB001,PF20C1 RSB003,RSB001,PF20C1 RSB003,RSB001,PF20C1 RS12PF,RS12PE,RS12PJ RS12PA,RS12PJ RS10N3,RSB001,RSB003,PF20C1 RSO2T1,RS01U1 RSB001,RSB003,PF20C1 RSO2T1,RS01U1 RSO2T1,RS01U1 RS01U1 RSO2T1,RS01U1 RS01U1 1R2B4 ° Secondary Bracing Schedule Id Qty Mark No 1 20 CPBRA010602 2 160 CPBB050108(Typ 3 20 CPBB040702 4 19 PBA0409 5 32 PBA0105 6 32 PBA0302 See SED: BRO9PK, BRO9RY, BRO9RZ, BRO9JG, BRO9PH BRO9JR, BRO9JH, BRO9K5, BRO9K2 Spacing 1'-1 3/8" 5'-0" 4'-5 9/16" 4'-5 9/16" 1'-1 3/8" 2'-10 5/8" 1R2B3 1R2B2 1R2B1 1/ - 1/ 0 0 7 1/ 'u 1/ 0 0 11 P7 ..., 1 M CM 1 M M Y—P 4 M M M CM 1 M CM P6 P3 P (TYP•) P6 P4 (Typ. ) P3 5 5 (Typ.0 (Typ.0 P11 P7 P7 P11 P (Typ-) P4(TYp•) P5(TYp•) P5(TYp•) P3 P3 (- CD C 1 M 1 M M M M C M CM E3 1 / P7° E4 6—P7 1 / E4 E3 ", 1FP131 CliII r ®1FP232 � CO 1FP233 a. CD CO 1FP134 C F1 F9 11/ 0 F2 II F.ir ir BL 1 1B1 29' 6" 1B2 30'-0" 120'-0" 1B3 30'-0" 1B4 29' 6" ROOF SECONDARY PLAN Shape Name = 100 x 120 x 22, Shape = 100 x 120 x 22 DETAILING: ADD PBAS IN ENDBAYS BL 1 01111/0 \QOFESS/ONE: • co -z _ W ; t\ DELANEY ;0 - SNYDER iZ _ P28778 m ,• • .,// /OWN \\\\ PERMIT SET- For Building Dept. Approval License Expires: December 31 st, 2025 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 ROOF SECONDARY PLAN Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 12 VPC Filename: 25-024374-01 11/3/2025 15:05:20 a division of BlueScope Buildings North America, Inc. Page 152 of 736 ERECTION NOTE: CHANNEL PURLIN BRACE (CPB—)(TYP.) or / �/ �I o 4 • �` PURLIN ERECTION NOTE: USE T-45 SCRUBOLT HEAD BE ON EAVE STRUT BRACE (ESBS_) (1) 11/32" GRAY SCRUBOLT NUT OF SCRUBOLT OUTSIDE STRUT STRAP X (097267� OF A, 13 q 4;' 1 1/4" TO 'I 097352) USE (2) 1/2" GALV. HEX NUTS 47120 LOCATE ( ) (1) NUT ON EACH SIDE OF PURLIN USE ANTITROLLOP OCLIPLE OF PRESENT. * 9 9 PURLIN EAVE PURLIN BRACE " (PBA—) AT 8 1 /2 , 10 , \ 11 1/2" PURLINS. '(NOT REQ. AT 7" PURLIN TO 7" EAVE STRUT) AVE STRUT BRACE LOCATION FRAME BRACE LOCATION ROOF SECONDARY CHANNEL BRACES WEB, BUT DO SECURE. INSERT WEB SLOTS AND TOCHANNELBRACE.EAVE THAT END AT A PURLIN NOT HAVE TABS TO BEND AND CLIP (544015) THROUGH USE A DROP PIN TO ATTACH (1) 1/4" X 6 1/4"IF PIN (097556) (2) 1/4-14 x 1 1/4 STRUCT. SCREWS WHEN A CHANNEL BRACE DOES NOT LINE UP WITH ANOTHER CHANNEL BRACE OR THE SLOTS IN THE PURLIN WEB FOR A DROP PIN CONNECTION BEND THE CHANNEL TABS TOWARD MEMBER -- o+* o o - N �� =+o o I / o THE PURLIN WEB AND USE A SELF —DRILLER (55307) TO ATTACH. 1/4-14 x 1 1/4"DROP 1/4-14 x 1 1/4" STRUCT. SCREWSlir STRUCT. SCREWS (55307) (55307) FIELD NOTE FLANGE BRACE(2) (cF6—) oR FLANGE BRACE CONNECT (HFB—)(2) WILL TYPICALLY TO THE WEB OF THE THE BUILDER WILL HAVE TO FIELD REAM —OUT THE 9/16" DIAM. HOLE IN THE SECONDARY MEMBERS TO 13/16" DIAM. HOLES. (FOR THE 12MDB_ FLANGE CLIP REQ'D W/ THICK FLANGES FRAME MEMBER. (55307) II CHANNEL BRACE 11=�� CHANNEL BRACE �� ���� ���� �� BRACE WITH A 3/4" X 2 1/2" A325 BOLT WHEN REQUIRED.) ��l��� I (CPB—) (CPB—) b 1 I P;_� _ 011- FLANGE BRACE REQUIREMENTS: ALTERNATE CONNECTIONS �: ��� RULE#1— ALL FLANGE BRACES ON CROSS SECTIONS MUST BE INSTALLED. RULE 2— SINGLE FLANGE BRACES ARE REQUIRED WHEN PART MARK ON # CROSS SECTION IS NOT ACCOMPANIED BY (2). RULE#3— FLANGE BRACES ARE REQUIRED BOTH SIDES OF THE FRAME WEB WHEN PART MARK IS ACCOMPANIED BY (2). RULE#4— WHENEVER POSSIBLE, PLACE SINGLE BRACES TOWARD THE CENTER OF THE BUILDING. RULE#5— WHENEVER POSSIBLE, PLACE ALL SINGLE BRACES ON THE SAME SIDE OF THE FRAME WEB. ** 10" & 11 1/2" PURLINS REQUIRE 3 BOLTS AT EACH END OF PURLIN LAP. �� DETAIL BR09JGJ WEB ENDING CLIP (0544015) PURLIN 1 1/4" X 6 1/4" DROP PIN (097556) ( TYP. PER EACH END) END PURLIN USE WHEN CHANNEL DOES LINE UP SLOTS IN THE PURLIN BRACE WITH THE WEB. USE WHEN CHANNEL BRACE DOES NOT LINE UP WITH THE SLOTS IN THE PURLIN WEB. USE WHEN CHANNEL DOES LINE UP SLOTS IN THE BRACE WITH THE PURLIN WEB. USE WHEN CHANNEL BRACE DOES NOT LINE UP WITH THE SLOTS IN THE PURLIN WEB. REV. DATE07/20/16 REV. NO.05 EAVE BRACE STRAP AND EAVE PURLIN BRACE REV. DATE:05/OS/18 REV. N0.02 TYPICAL FLANGE BRACE CONNECTIONS REV. DATE:02/05/24 REV. NO.02 CHANNEL BRACE ENDING AT PURLIN WEB REV. DATE:02/05/24 REV. NO.02 CHANNEL BRACE END NG AT PURLIN WEB REV. DA1E07/01/D9 REV. NO. OD SINGLE CHANNEL PURLIN BRACE BRO9K2 LOCATED AT EAVE — CENTERLINE OF FRAME BRO6AE CONT. PURLIN LAP SHOWN, CONT. GIRT (Sc SIMPLE PURLIN BP09JG SELF —DRILLER WITH BENT TABS 809JR WEB ENDING CLIP WITH DROP PIN BRO9JH ENDING AT PURLIN WEB LOCATION INT. FRAME INT. FRAME INTERIOR BAY �1 CHANNEL PURLIN (CPB—)(TYP.) BRACE (1) 1/4" X 6 DROP PIN (097556) (TYP. PER EACH ` PURLINto 1/4" END) NOTE: t jar END FRAME INT. FRAME END BAY AT EAVE STRUT BEND PBA TABS AND USE SCRUBOLT OF (2) 1 1 /32" X 1 1/4" T-45 GRAY (097352) AND SCRUBOLT NUT (097267) SCRUBOLT TO BE ON OUTSIDE OF EAVE STRUT) 1. SEE CHART FOR ASSEMBLY SELECTION. 2. NEST CHANNELS 5" BLIWEEN HOLES RIDGE BRACE TO ACHIEVE AND I 11 II I� J � NEST ROTATE CHANNELS TO HOLES AND ALIGN L b (HEAD (1) PURLIN BRACE.]0 (1) PURLIN BRACE SEE FACE OF CHANNEL 0 CHANNEL 0 i4%%%‘40fr FACE EAVE STRUT EAVE BRACE 7--DROP 0 OF PURLIN1 ASSY. (PBA—) EAVE STRUT VIEW FOR TAB ATTACHMENT ` USE DROP PINS TO SECURE. SECTION _ SECUREUSED D (2) PURLIN BRACE 0 0 i (2) 1/4" x PINS 1 \ 6 1/4" (097556) \ I / \� , 1 li CHANNEL RIDGE ASSEMBLY (CPBR— BRACE ) WITH PINS G E DROP � PURLIN CHANNELS 1 1 (2) PURLIN BRACE CHANNELS 1 o (3) PURLIN BRACE 0 CHANNELS 1 (4) PURLIN BRACE]1 (4) PURLIN BRACE CHANNELS 1 1 CHANNELS 1 1 1 3"1 TYPICAL _� �3„ TYPICAL **FIELD DRILL (1) 5/16"DIA. HOLE (IF REQUIRED) FOR SCRU—BOLT CONNECTION J' EAVE STRUT CLUSTER CLUSTER STANDARD NOTES: STANDARD NOTES: 4 — PURLINS HAVE CLUSTERS OF 4 HOLES FOR ATTACHING PURLIN BRACES. THESE CLUSTERS ARE REPRESENTED BY ONE OF THE SYMBOLS BELOW: 0 — DO NOT INSTALL PURLIN BRACES AT THIS CLUSTER LOCATION. 1 — INSTALL PURLIN BRACES AT THIS CLUSTER LOCATION. SEE SECONDARY ROOF DRAWING FOR BRACE REQUIREMENTS. — INSTALL PURLIN BRACES AT THE RIDGE AND WORK TOWARD THE EAVE. — CHANNEL BRACE MAY BE LOCATED IN EITHER SET OF SLOTS IN CLUSTER PROVIDED THEY ARE ALIGNED FROM EAVE TO EAVE IN A GIVEN BAY. — PURLINS HAVE CLUSTERS THESE CLUSTERS O — DO NOT 1 — INSTALL SEE SECONDARY — INSTALL PURLIN — CHANNEL BRACE PROVIDED THEY OF 4 HOLES FOR ATTACHING PURLIN BRACES. ARE REPRESENTED BY ONE OF THE SYMBOLS BELOW: INSTALL PURLIN BRACES AT THIS CLUSTER LOCATION. PURLIN BRACES AT THIS CLUSTER LOCATION. ROOF DRAWING FOR BRACE REQUIREMENTS. BRACES AT THE RIDGE AND WORK TOWARD THE EAVE. MAY BE LOCATED IN EITHER SET OF SLOTS IN CLUSTER ARE ALIGNED FROM EAVE TO EAVE IN A GIVEN BAY. USE (2) 1/2" GALV. NUTS (47120) LOCATE NUT EACH SIDE OF NOTE: HEX (1) PURLIN PURLIN EAVE PURLIN BRACE ASSY. (PBA—)(TYP.) SEE ERECTION DRAWINGS FOR LOCATION FOR LOW OR HIGH EAVE LOCATIONS. REV. DATE:02/22/22 REV. NO.05 EAVE STRUT BRACE REV. DATE:07/01/09 REV. NO,00 PURLIN BRACE CLUSTER LOCATION REV. DATE:07/01/09 REV. NO,00 PURLIN BRACE CLUSTER LOCATION REV. DATE07/01/D9 REV. NO. OD SINGLE CHANNEL PURLIN BRACE REV. ❑ATE:07/O1/D9 REV. NO. OD CHANNEL RIDGE BRACE ASSEMBLY BRO9K5 BRO9RY END BAY CHANNEL LOCATION BR09RZ INTERIOR BAY CHANNEL LOCATION BRO9PH INTERMEDIATE LOCATION BRO9PK SINGLE BRACE AT SYMMETRICAL RIDGE ,`� 11 I I �''/ \ Q�0 ...S SI pN�` / ° .. ... , -- _ co DELANEY ; _ — z : SNYDER Z / �'; P28778 ;: m n - = .....••••••••........•...- \ '/, /O W �e Yl^� License ExpireS:Dece .3„„2. PERMIT SET- For Building Dept. Approval T TTTTT TTTT—TT PR -CT O\ DRAW \G PART VAR< TT TTTT—TT 2 3/4" 2 7/8" 1 C D W 1 P 3 _ _ ADJUST. CODES ADJUST. CODES GAGE GAGE EIGHTHS 48° LI P N. EIGHTHS INCHES LENGTH INCHES LENGTH FEET (millimeters) FFFT (millimeters) SHAPE SHAPE DEPTH DEPTH 3AY \ U V 3 E COUNTER DEPTH SHAPE GAGE DEPTH SHAPE GAGE CA\OPY (c)/PATTo\(P)/ O O F () /WALL_ 3 U L (W) I \ G \ U SHAPE V E 07 = 7" 08 = 8 1/2" 10 = 10" 11 = 11 1/2" Z = ZEE 1 1 = 0.1 13 C = CEE 12 = 0.098 E = LOW EAVE STRUT 13 = 0.088 H = HIGH EAVE STRUT 14 = 0.079 1 5 = 0.073 16 = 0.068 17 = 0.060 07 = 7" 08 = 8 1/2" 10 = 10" 11 = 11 1/2" ZS = ZEE 1 1 = 0.1 13 CS = CEE 12 = 0.098 ES = LOW EAVE STRUT 13 = 0.088 HS = HIGH EAVE STRUT 14 = 0.079 BB = BACK TO BACK CEE FB = FACE TO BACK CEE 1 5 = 0.073 FF = FACE TO FACE CEE 16 = 0.068 17 = 0.060 2 3/4" 2 7/8" THE THE ROOF/WALL 3AY/3 3 U L D\ U \ G PL_A\E D C L_E A\ CODE O P A\D Y/ P D A 3AY E R \TEES T T 0\/ REV. DATE: 07/01 /09 REV. No. oo SECONDARY PART MARK NUMBER REV. DATE: 07/01/09 REV. N0. 00 PURLIN AND GIRT SIZES REV. DATE: 07/D1/09 REV. NO. 00 SPECIAL SECONDARY PART MARK KEY REV. DATE:01/31/13 REV. NO. 01 SECONDARY BUNDLE LOCATION KEY EN51 B 1 COMMON GENERATED MARK NUMBERS EN51 B2 COMMON GENERATED MARK NUMBERS EN51 B3 ALL SECONDARY DEPTHS EN53G1 10" 254mm 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 ROOF SECONDARY SED'S (a) Rev: Date: By: Description: Builder: Hauptly Construction Inc. Job #: 25-024374-01J.J. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Date: Location: UTLE' 10/3/2025 Waterloo, Iowa O Drawn/Check: Project: 100 x 120 x 22 Butler Manufacturing J.J. / Page: Drawing Scale: NTS Builder's PO#: VPC Version: 25.2.0 13 VPC Filename: 25-024374-01 11/3/2025 SEDSheet 15:05:20 a division of BlueScope Buildings North America, Inc. Page 153 of 736 3 1/2" 3 5 8 NOTE: FIELD DRILL (3) 9/16" RAKEEXTENSION 11AIIXEL EPC3 (WELDED) WELDED CLIP CONNECTION �5 PG1 CLIP WELDED CLIP CONNECTION HOLES IN RAKE CHANNEL AT (HELL) A 10" PJI<LINS SIDEWAEE LAVE STRUT. (RECC ) AT 11 /2" PURLINS (4) 1/2" A307 THIN HEAD BUT OLT (096636) 1 / e ALT. CONNECTION ALT. CONN. (11 P F� \c. �P eU\. (10") 1/2") P � 11 '� I j ALT. CONNECTION ENDBAY ROOF PURLIN ROOF EXTENSION 4 * (3) /2" H D Rc11 & NUT ALL OTHER USE THE B A325 BOLTS 37 THIN , (095032) BOLTED CONNECTIONS STANDARD 1 /2" X 1 1 /2" (490801. SAVE STRUT liZt EAVE STRUT � 48' LIP � l� S-S BOLTED CLIP CONNECTION /4" ri.., / / 0° ALT. CONNECTION y EAVE STRUT BRACE STRAP \ � € O * �i[i SIMPLE CEE PURLIN (EBBS_) 11 PG1 CLIP (BOLTED) CLIPS MAY BE REQUIRED FOR PURLIN TO FRAME CONNECTIONS €� B O ECC4 CLIP O 1 � REFER TO INDIVIDUAL FRAME SIDEWALL � PLATE /1/4-14 '� �� CROSS CLIP PART NUMBERS AND THEIR LOCATIONSSECTIONS. FOR BOLTED SECTION AA EAVE STRUT ROOF EXTENSION E, S ®* � A SHIM (SEE CHART) (2) 1 /2" X 2" 4i/ ® � X , , /4" STRUCT FSNR ss3o� GIRT FILLER ANGLE (CFA ) 2 (56104) /2 A�� A325 BOLT 097280 4' F � - FRAME OR 3 5/5" N 0�� SHIM PLATE ' �. \ o o ROOF PITCH PART SOLDIER s ti Pc,�` `�' � RANGE NUMBER COLUMN THREE LAP BOLTSc. READ. AT ALL LAP ENDS BOLTED CLIP CONNECTION ` �� -\ O ** O O ** JCP PLATE WILL BE USED .25 TO 1.99 N/A 3 1/2" 5�' O O O WHEN THE PURLIN 0R RAVE 2,0 TO 2.49 ESH1 (REFER TO CROSS SECTION)�� ALT. CONNECTION (10") P� ''o �4�� RAKE BEAM oo �� �� Q �. / _ SECTION STRUT IS LESS THAN 1'6. B B 2.5 TO 3.49 ESH2 STD. CONN. (11 1/2") ��' Q, �c� PI ATF 3.5 TO 4.00 ESH3 10" & 11 1 /2" PURLINS 1 0" & 1 1 1 /2" PURLINS REV. DATE:06/17/14 REV. NO.02 PURLINS AT INTERIOR FRAMEPURLIN REV. oATE:os/17/15 REV. NO.D2 REV. DATE:03/15/24 REV. No.02 OSYBACz< CANOPY RAN/ NC REV. DATE;07/2O/18 REV, NO. EAVE STRUT CONNECTION REV. DATE07/01/09 REV. NO.00 PURLIN / GIRT RS01 U1 CONTINUOUS PURLINS RS02T1 CONNECTION TO END FRAME= CONTINUOUS PURLINS RS 1 0113 RAKE & EAVE EXTENSION CHANNEL RS12PA AT INTERIOR FRAME EN53H1 11 1/2" 292rnm EAVE STRUT BRACE STRAP ESBs_ ( ) SHIM PLATE (SEE CHART) PLATE (EAP1) 51DEWALL OR SOLDIER COLUMN q t , ®II t 0 tt �' EAVE STRUT b � (4) 1/2" HEAD BOLT & NUT (095032) A307 THIN (D96636) ROOF BEAM NOTE: SHIM PLATE SHIM PLATE NOTES: EAP2 PLATE ONLY READ. ROOF PITCH RANGE PART NUMBER ROOF PITCH RANGE PART NUMBER ALL CONNECTIONS 1/2" X 1 1/2"„ A325 BOLTS (49080) TYPICAL U.N. ** EAVE STRUCTURAL CONN. 1/2 X 1 1/4 THIN HD A307 BOLT. WHEN CALLED .25 TO 1.99 N/A .25 TO 1.99 N/A OUT ON FRAME 2,0 TO 2,49 N / A 2.D TO 2.49 ESH1 A MAIN BUILDING CROSS SECTION 2.5 TO 3.49 ESH1 2.5 TO 3.49 ESH2 EAVE EAVE STRUT 3,5 TO 4,00 ESH2 3.5 TO 4.00 ESH3 STRUCTURAL SHIM PLATE 1 �GCB- CLIP (SEE CHART) PLATE �' EAVE STRUT SHIM SEE CHART PLATE4 % �` , (BOLTED) GCB- CLIP , (WELDED PG1` € € } � (WELDED) ALSO �- ' STIFACTIFENERNG MAIN FRAM E (EAP2) i SIDEWAEE /� a4\� ' * PIGGYBACK CANOPY CO LIMN OR RAFTER OPTIONAL OR SOLDIER \ \ PURLIN OR EAVE STRUT INSERT PANEL CLIP » 1 /4 -14 x 1 1 /4 SOFFIT PANEL COLUMNS = ROOF BEAM ROOF BEAM :::THRU ADAPTER (0543130) HOLES AND BEND TABS AWAY STRUCT. FSNR. 55307 » ( ) 1 -0 O.C. PIGGYBACK CANOPY EXTENSION I �� (2) 1/2" X (0 A325 BOLT (097280) � FROM SPLICE. SEE FRAME CROSS SECTION FOR DIM. AVE STRUCTURAL � li MAIN BUILDING EAVE STRUT AT RAKE EXTENSION SHIM PLATE BOLT EAVE STRUT AND EAP2 PLATE TO FRAME W/ �- '9> ' � 1 1 /2 0 0 0 0 ROOF PITCH RANGE PART NUMBER BOLT EAVE STRUT AND 6''q (6) 1/2" X 2° o ''o �ti`rFT / PANEL CLIP ADAPTER a O O O O .25 TO 1.99 N/A EAP1 PLATE TO FRAME W/ 2.0 TO 2.49 N/A (8)1 2" X 2" �� o�� �y o F� `rF T q LOW EAVE STRUT SHOWN A325 BOLT (097280) * 1 -0 AT 7 & 8 1/2 OUTSET 1'-3" AT 10" & 11 1/2" OUTSET HIGH EAVE STRUT USES SIMILAR PARTS. "F, -57 *1 -0 AT 7 & 8 1/2 OUTSET 1'-3" AT 10" & 11 1/2" OUTSET USE A PANEL CLIP ADAPTER AT THE ENDS OF PURLINS OR EAVE STRUTS WHERE A PANEL CLIP OR PANEL EAVE ATTACHMENT MUST BE MADE. ** ** EAVE PG1 €) �' MAIN BUILDING EAVE STRUT AT INSULATED ROOF PANEL SECTION A -A 2.5 TO 3.49 ESH1 A325 BOLT (D9728D) 3.5 TO 4.00 ESH2 LDW EAVE STRUT SHOWN - HIGH EAVE STRUT USES SIMILAR PARTS. - LOW EAVE STRUT SHOWN - HIGH EAVE STRUT SIMILAR REV. DATE:03/26/15 REV. NO.02 EAVE STRUT W/ ATTACHMENT PLATE REV. DATE:03/26/15 REV. NO. 01 EAVE STRUT CONNECTION REV. DATE12/05/D9 REV. Na_00 PANEL CLIP AT EAVE STRUT REV. DATE:08/19/14 REV. NO.00 PIGGYBACK CANOPY REV. DATEO7/20/16 REV_ NO.05 EAVE STRUT W/ ATTACHMENT PLATE RS12PF END FRAME RS12PH AT END FRAME RS12PJ LOCATED WHERE STRUT STOPS BUT CONNECTION REQUIRED RSB001 ALL PURLIN DEPTHS - LOW EAVE RS12PE INTERIOR FRAME \\`' '',/ S/pN9` 7 \<z ... _ DELANEY = - z: SNYDER ; Z- = co v• P28778 ; m / /OW.. \ ❑ e se exp ,es oe embe si sc, zozs PERMIT SET- For Building Dept. Approval NOTES: ALL **EAVE A CONNECTIONS 1/2" X1 1/2" STRUCT. CONN. 1/2„X MAIN BUILDING EAVE STRUT GCB- CLIP (WELDED) ALSO ACTS AS STIFFENER - •.."' MAIN FRAME COLUMN OR RAFTER 1 � A325 1/4 A �� PIGGYBACK BOLTS (49080) TYPICAL U.N. A307 THIN HD BOLTS (096636). EAVE STRUCTURAL aIGGYBACK CANOPY ;.,; GCB- CLIP 0 .; (WELDED) OR PG1 L� GCE- CLIP O (BOLTED) 1/4"-14 x 1 1/4" STRUCT. FSNR. (55307) 1'-0" 0.C. OPTIONAL SOFFIT PANEL CANOPY EXTENSION MAIN BUILDING I EAVE STRUT AT RAKE EXTENSION L_ I I SEE FRAME CROSS SECTION FOR DIM. EAVE STRUCTURAL � 1 1 ' ' �. 0 0 0 0 I 4** O O O O O MAIN BUILDING EAVE STRUT SECTION A -A 4 � EAVE AT IN ULATED ROOF PANEL REV. DATE:09/29/16 REV. NO. 01 PI GO YB AC K CAN OP Y RS9003 ALL PURLIN DEPTHS - HIGH EAVE 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. o Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 ROOF SECONDARY SED'S (b) Rev: Date: By: Description: Builder: Hauptly Construction Inc. Job #: 25-024374-01J.J. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Date: Location: UTLE' 10/3/2025 Waterloo, Iowa O Drawn/Check: Project: 100 x 120 x 22 Butler Manufacturing J.J. / Page: Drawing Scale: NTS Builder's PO#: VPC Version: 25.2.0 14 VPC Filename: 25-024374-01 11/3/2025 SEDSheet 15:05:21 a division of BlueScope Buildings North America, Inc. Page 154 of 736 Secondary Mark G44 G5 G60 G66 G67 G7 G77(Flip) G78(Flip) G79(Flip) G80(Flip) G81(Flip) G82 G83 H1 J1 J24 6 5 4 3 2 1 Part Schedule Part 08Z2409412EE10 08Z2409415EE10 00108BB230101710 00108ZS230101510 00208ZS230101310 08Z2409413EE10 00108CS230101610 08C2409416EE10 00208CS060541700 08CO201417EG10 00308CS030501700 00308ZS230101610 00408CS230101710 00108JS0500017 00208JS0702217 00308JS0504017 Thick. Depth Lap 0.0980 8 1/2" 0.0730 8 1/2" 0.0600 8 1/2" 0.0730 8 1/2" 0.0880 8 1/2" 0.0880 8 1/2" 0.0680 8 1/2" 0.0680 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0680 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 1'-2" 6 GFA106 0'-0" 5 GFA206 2'-6" 4 G80(Flip) 8" 3 GC5 3'-6" 2 JTG1 4'-0" 1 PG1 Dimension Key °Part Mark Key lj Detail WSR065,BRR052,WSR063 WSR065,BRR052,WSR063 WSR001,WS01HJ,WS01HT,WSR065,BRR052,WS01HQ WSR001,WSR063,WSR065,BRR052,WSR004 WSR001,WSR063,WSR065,BRR052,WSR004 WSR065,BRR052,WSR063 WSR001,WSR063,WSR065,BRR052,WSR004 WSR065,BRR052,WSR063 WSR001,WS20F2 WSR001,WS20F2,WSR065,BRR052,WSR063 WSR001,WSR065,BRR052,WSR004,WS20F2 WSR001,WSR004,WSR065,BRR052,WSR063 WSR001,WSR004,WSR065,BRR052,WSR063 WS20F9 WS20F2,WS2OFB,WS20F9,WS20B2,WS20B8 WS2OFB,WS20F9,WS20B1,WS20H2 Framed Opening Locations Id F01 F01 Width 5'-0" 5'-0" Height 5'-0" 5'-0" G67 (Typ.) G66 G7 (Typ.) G77(Flip) G44 G7 (Typ.) G78(Flip) Pre -assembled Personnel Door #1 G5 Sill Ht. 13'-2" 13'-2" Frame 3 3 To Jamb-L Jamb-L Dimen. 14'-6" 2'-6" FO1 0 H1 G78(Flip) 0 n H1 H1 1) h 0 G83 G82 G60 Description FO 5' x 5' Window, Sill 13/2/0, Height 5/0/0 FO 5' x 5' Window, Sill 13/2/0, Height 5/0/0 FO1 0 H1 N h 0 0 G79(Flip) H1 0 H1 0 V 1W1B0 25' 0" CL 1W1B1 25'-0" BL CL 100' 0" 1W1B2 25'-0" 5' 0" t 1W1B3 7' 0" CL 25' 0" 5' 0" 5' 6" SECONDARY ELEVATION AT 1 Shape Name = 100 x 120 x 22, Wall = 1 BL DETAILING: ADD INFILL JAMBS BETWEEN THE 7/6/0 AND 12/6/0 GIRT TO VERTICALLY SUPPORT WINDOWS 01111/0 \QOFESS/pN1<. ' • co —z w -0 DELANEY • = SNYDER z P28778 • m '/� /OW " P \\ PERMIT SET- For Building Dept. Approval License Expires: December 31 st, 2025 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 SECONDARY ELEVATION AT 1 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 15 VPC Filename: 25-024374-01 11/3/2025 15:05:24 a division of BlueScope Buildings North America, Inc. Page 155 of 736 Secondary Part Schedule Mark G16 G18 G19 G20 G23 G24 G84(Flip) G85(Flip) G86 G87(Flip) G88(Flip) H4 H5 J12 J14 J20 J25 Part 08Z0808417BG00 08Z3311411B500 08Z37114165500 08Z0908417G100 08Z3311416B500 08Z3311415B500 08C0808417BG00 00508CS080541700 00408ZS080541700 08C0808417DG00 08C2911413BD00 00408JS1600014 00808JS2200014 00608JS1702214 00508JS0302417 00408JS1702213 00708JS1702214 Thick. Depth 0.0600 8 1/2" 0.1130 8 1/2" 0.0680 8 1/2" 0.0600 8 1/2" 0.0680 8 1/2" 0.0730 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0880 8 1/2" 0.0790 8 1/2" 0.0790 8 1/2" 0.0790 8 1/2" 0.0600 8 1/2" 0.0880 8 1/2" 0.0790 8 1/2" Bracing Part Schedule Part Qty Length Detail 06RS3604 2 36'-4" BRO1G2 4 3 2 1 4'-4 1/2" 4 0543333 3'-6" 3 TSC1 4'-0" 2 PG1 6" 1 JTG1 Dimension Key °Part Mark Key Lap 3'-10 1/2" 3'-10 1/2" 10 1/2" 3'-10 1/2" 3'-10 1/2" Detail WSR001,WS20F2 WSR001,WSR065,WS01G3 WSR065,WS01G3 WSR065,WS01G3,WS20F2 WSR001,WSR065,WS01G3 WSR001,WSR065,WS01G3 WSR001,WS20F2 WSR065,WS01G3,WS20F2 WSR065,WS01G3,WS20F2 WSR065,WS01G2,WS20F2 WSR001,WSR065,WS01G2 WS20F9 WS20F9 WS20F9,WS20F2,WS20B2,WS20B8 WS20B6,WS20H2 WS20F9,WS20F2,WS20B2,WS20B8 WS20F9,WS20F2,WS20B2,WS20B8 G16 G16 G84 (Flip) 0 G18 Pre -assembled Personnel Door of CL H4 0 0 0 1W2B1 G86 G86 G19 0 0 Oh G85(Flip) 0 H5 0 1W2B2 0 h O 0 86 86 0 G85(Flip) 0 0 H4 G19 1W2B3 0 0 G 2-9 G 2-9 G87 (Flip) Pre -assembled Personnel Door #2 9' 0" 1 16'-0" x 5' 0" 2� 22'-0" 2� 5' 0" 1' 16'-0" } 9' 0" 29' 6" I 30'-0" 30'-0" CL BL CL 120' 0" 4 (Typ. ) G23 0. G88 (Flip) CL 1W2B4 29' 6" J 7yf CL SECONDARY ELEVATION AT A Shape Name = 100 x 120 x 22, Wall = 2 BL \OFESS/ONE`,: • _CO -z . DELANEY • = SNYDER Z P28778 • m %, ' ••.. •.•..•• '/ /O W P \� PERMIT SET- For Building Dept. Approval License Expires: December 31 st, 2025 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 SECONDARY ELEVATION AT A Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 16 VPC Filename: 25-024374-01 11/3/2025 15:05:25 a division of BlueScope Buildings North America, Inc. Page 156 of 736 Secondary Part Schedule Mark G67 G7 G77(Flip) G78(Flip) 2 1 Part 00208ZS230101310 08Z2409413EE10 00108CS230101610 08C2409416EE10 3'-6" 4'-0" Dimension Key Thick. 0.0880 0.0880 0.0680 0.0680 2 GFA106 1 GFA206 °Part Mark Key Depth Lap 8 1/2" 8 1/2" 8 1/2" 8 1/2" Detail WSR001,WSR063,WSR065,BRR052,WSR004 WSR065,BRR052,WSR063 WSR001,WSR063,WSR065,BRR052,WSR004 WSR065,BRR052,WSR063 LI I o 0 0 I f 0 0 I I I 1W3B0 25' 0" CL 1W3B1 25'-0" BL CL 100' 0" 1W3B2 25'-0" 1W3B3 CL 25' 0" SECONDARY ELEVATION AT 5 Shape Name = 100 x 120 x 22, Wall = 3 BL <u . -z - v \Q�OFESS/ONE`,: Q Z co DELANEY 0 SNYDER z P28778 • m \ * ' ••.. •.•..•• ' // /O W \� PERMIT SET- For Building Dept. Approval License Expires:December 31 st, 2025 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 SECONDARY ELEVATION AT 5 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 17 VPC Filename: 25-024374-01 11/3/2025 15:05:26 a division of BlueScope Buildings North America, Inc. Page 157 of 736 Secondary Mark G16 G18 G33 G63 G73 G74 G75 G76 G84(Flip) G85(Flip) G86 G87(Flip) G89(Flip) G90(Flip) G91(Flip) H1 H4 H5 J1 J12 J19 J20 J24 J25 J6 7 6 5 4 3 2 1 Part Schedule Part 08Z0808417BG00 08Z3311411B500 08Z0808417DG00 00208BB291141700 08Z2911413BD00 08C2911415BD00 08Z37114115500 08Z31114161100 08C0808417BG00 00508CS080541700 00408ZS080541700 08C0808417DG00 08C0502417BG00 08C0602417DG00 00608CS070541700 00108JS0500017 00408JS1600014 00808JS2200014 00208JS0702217 00608JS1702214 00808JS0400417 00408JS1702213 00308JS0504017 00708JS1702214 00908JS0702217 Thick. Depth Lap 0.0600 8 1/2" 0.1130 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0880 8 1/2" 0.0730 8 1/2" 0.1130 8 1/2" 0.0680 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0600 8 1/2" 0.0790 8 1/2" 0.0790 8 1/2" 0.0600 8 1/2" 0.0790 8 1/2" 0.0600 8 1/2" 0.0880 8 1/2" 0.0600 8 1/2" 0.0790 8 1/2" 0.0600 8 1/2" 1'-2" 0'-0" 3'-8 1/2" 8" 4 0543333 3'-6" 3 GC5 4'-0" 2 JTG1 6" 1 PG1 Dimension Key °Part Mark Key 10 3'-10 1/2" 3'-10 1/2" 10 1/2" Detail WSR001,WS20F2 WSR001,WSR065,WS01G3 WS20F2,WSR065,WS01G2 WSR001,WS01GA,WS01G8,WSR065,WS01GB WSR001,WSR065,WS01G2 WSR001,WSR065,WS01G2 WSR065,WS01G3 WSR065,WS01G3 WSR001,WS20F2 WSR065,WS01G3,WS20F2 WSR065,WS01G3,WS20F2 WS20F2,WSR065,WS01G2 WSR001,WS20F2 WSR001,WSR065,WS01G2,WS20F2 WSR001,WS20F2 WS20F9 WS20F9 WS20F9 WS20F2,WS2OFB,WS20F9,WS20B2,WS20B8 WS20F9,WS20F2,WS20B2,WS20B8 WS20H2 WS20F9,WS20F2,WS20B2,WS20B8 WS2OFB,WS20F9,WS20B1,WS20H2 WS20F9,WS20F2,WS20B2,WS20B8 WS20F9,WS20F2,WS20B2,WS20B8 HFB3060 FO1 O 0 00 H1 G 5' 6" H1 O O H1 O } 5' 0" 1 18' 6" G74 G73 G63 HFB3060 0• U CN h FO1 0 0 � H1 HFB3060 G91(Flip) 1W4B1 8' 0" 0 of CL 29' 6" H1 5' 0" 5' 0" G90 (Flip U 6' 6" 6' 6" Pre -a G33 G33 0 -G87(Flip) U mbled 0 G75 0 Personnel Door #1 2 1W4B2 H4 9' 0" k 16'-0" CL 30'-0" t 0 G86 G86 0 G85(Flip) 0 0 G76 H5 Framed Opening Locations Id FO1 FO1 Width 5'-0" 5'-0" Height 5'-0" 5'-0" Sill Ht. 13'-2" 13'-2" Frame 1 1 Q A325 Bolt Schedule To Dimen. Description Id Qty Grade Bolt Diam Bolt Length PartNo Jamb-L 18'-0" FO 5' x 5' Window, Sill 13/2/0, Height 5/0/02" 0097284 Jamb-L 5'-0" FO 5' x 5' Window, Sill 13/2/0, Height 5/0/0 Bracing Member Schedule Id Part Description CX010 3P 8" x 3/8" flg - 0.1644" x 12" web 0 1W4B3 0 0 0 G86(Typ.) G85(Flip) 0 0 G18 10 • H4 Length 20'-7" 1W4B4 0 N ° 0 G16 (Typ.) G84(Flip) Pre -assembled Personnel Door 5' 0" k 121 ' 22'-0" ' 121 k 5' 0" Y 16'-0" k 9' 0" BL CL 120' 0" 30'-0" CL 29' 6" Vert. Clear 2 2 7yf CL SECONDARY ELEVATION AT E Shape Name = 100 x 120 x 22, Wall = 4 BL \OFESS/pN1<.• ' a DELANEY • = SNYDER z P28778 • m '/,,, /OW P \" PERMIT SET- For Building Dept. Approval License Expires: December 31 st, 2025 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 SECONDARY ELEVATION AT E Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 18 VPC Filename: 25-024374-01 11/3/2025 15:05:27 a division of BlueScope Buildings North America, Inc. Page 158 of 736 COLUMN OR BEAM WEB ROD —�� ��� �� ��� HEX NUT "A" ������1 WASHER4,10f ����,Ir \�\\������ WASHER "B" 111��� �� HILLSIDE WASHER WEB REINFORCEMENT PLATE C IF PRESENT)MAY BE SHOP WELDED ON EITHER SIDE OF THE WEB. WIND POST , , (2) A325 BOLTS j PRIMARY FRAME 0 GIRT SUPPORT CHANNELS TT TTTT TT BRACE LOCATION FRAME BRACE LOCATION ROOF SECONDARY MEMBER 0** o 0 \ w ** o o 0 _ _ ADJUST. CODES GAGE FIELD NOTE FLANGE BRACE (GFB—) oR FLANGE BRACE CONNECT (HFB-) WILL TYPICALLY TO THE WEB OF THE EIGHTHS ,� 6 NOTES: 0 FIELD FOR Q DRILL FROM i DRILL FLANGE 9/16" OUTSIDE s, 9/16" BRACE HOLE FLANGE �� �, ,, II� 1/2" 1/2" X 1 A-325 BOLT (49080) TYP. FLANGE BRACE (HFB3060) HOLES IN PRIMARY AND WIND POST WEBS CONNECTIONS. IN WIND POST WEB APPROX. 2" AND APPROX. 6" FROM TOP OF WIND POST. (IF PRESENT) WALL BRACE ROD FIELD SLOT THE SIDEWALL GIRT AT INSET GIRT CONDITION VARIES NOTE: DO / GIRT FLANGE. 1 I MAXIMUM NOT I I I I 2 X 4 CUT INTO INCHES LENGTH FEET (millimeters) SHAPE THE BUILDER REAM —OUT THE THE SECONDARY DIAM. HOLES. WILL HAVE TO FIELD 9/16" DIAM. HOLE IN MEMBERS TO 13/16" (FOR THE 12MDB_ FLANGE CLIP REQ'D W/ THICK FLANGES FRAME MEMBER. DEPTH DEPTH SHAPE GAGE BRACE WITH BOLT WHEN A 3/4" X 2 1/2" A325 REQUIRED.) —_--/ FLANGE ALTERNATE BRACE REQUIREMENTS: CONNECTIONS 07 = 7" Z = ZEE 1 1 = 0.1 13 08 = 8 1/2" C = CEE 12 = 0.098 E = LOW EAVE STRUT 10 = 10"13 = 0.088 H = HIGH EAVE STRUT 11 = 11 1/2"14 = 0.079 15 = 0.073 16 = 0.068 17 = 0.060 RULE#1— RULE#2— RULE#3— RULE#4— RULE#5— ** 10" ALL FLANGE BRACES ON CROSS SECTIONS SINGLE FLANGE BRACES ARE REQUIRED CROSS SECTION IS NOT ACCOMPANIED FLANGE BRACES ARE REQUIRED BOTH WHEN PART MARK IS ACCOMPANIED BY WHENEVER POSSIBLE, PLACE SINGLE CENTER OF THE BUILDING. WHENEVER POSSIBLE, PLACE ALL SINGLE SIDE OF THE FRAME WEB. & 11 1/2" PURLINS REQUIRE 3 BOLTS AT EACH MUST BE INSTALLED. WHEN PART MARK ON BY(2).SLOT. SIDES OF THE FRAME WEB (2). BRACES TOWARD THE BRACES ON THE SAME END OF PURLIN LAP. DESCRIPTION/PART NO ROD DIAM NUT HARD STEEL ROUND WASHER A HARD STEEL WASHER B HILLSIDE WASHER 3/8" 95321 3/8" FLAT WASHER (9fi408) 1/2" BEVEL SQUARE WASHER (46040) 1/2" 95230 1/2" FLAT WASHER 05872) " 3/4 FLAT ROUND WASHER (95946) 543334 5/8" 95233 5/a" FLAT WASHER (95945) 3/4" 95235 3/4" FLAT WASHER (95946) 543335 7/8" 95237 7/8" FLAT WASHER (95947) 1" FLAT ROUND WASHER (95948) 1" 95238 1" FLAT WASHER (95948) 1 1/8" FLAT ROUND WASHER 1 1/B" 95239 1 1/8" FLAT WASHER (95949) (95949) 543336 REV. DATE;08/02/17 REV. NO.04 ROD BRACE REV. DATE:05/08/18 REV. NO.02 TYPICAL FLANGE BRACE CONNECTIONS REV. DATE:07/01/09 REV. NO.00 SECONDARY PART MARK NUMBER REV. DATE:09/30/19 REV. NO.02 REV. DATE:09/10/20 REV. NO.00 INSET GIRTS WITH BRACE RODS BRO1 G2 WEB SLOT ASSEMBLY BRO6AE CONT. PURLIN LAP SHOWN, CONT. GIRT & SIMPLE PURLIN EN51 B 1 COMMON GENERATED MARK NUMBERS BR26A1 WIND POST DETAIL CONNECTION TO FRAME BRR052 FIELD WORK BRACE SLOT T-TTTTT TTTTTT ERECT ON DRAW \G PART V A< 21/2" 25/8" ZEE GIRT ®®�> \- ' Goo I � GIRT CLIP MAY BE WELDED PQ PN -( (PG1) SHOP GC1 OR GCA- ( ) 7" & 8 1/2" GIRT 1 C D R W 1 B 3 ADJUST. CODES GAGE EIGHTHS 48° LIP -N co - =' /. I INCHES LENGTH FEET (millimeters) SHAPE DEPTH 3 A Y \ U V 3 E COUNTER DEPTH SHAPE GAGE CA\OPY (c)/PATTo\(P)/ ROOF(R)/WALL(W) 3 U L \ G \U SHAPE V 3ER 07 = 7" 08 = 8 1/2" 10 = 10" 11 = 11 1/2" ZS = ZEE CS = CEE ES = LOW HS = HIGH BB = BACK FB = FACE FF = FACE 11 = 0.113 12 = 0.098 EAVE STRUT 13 = 0.088 EAVE STRUT TO BACK CEE 14 = 0.079 TO BACK CEE 15 = 0.073 TO FACE CEE 16 = 0.068 17 = 0.060 7" & 8 1/2" GIRT CLIP 1) 2 1 2 2 5 8" (PG 10" & 11 1/2" GIRT CLIP (CCD—) MAY BE SHOP THE THE ROOF/WALL 3 A U Y/3 I L \ U G \ PLA\E 3 C LE A \ CODE 0 P A\D Y/P 3 A 3AY E \ T T T F 0 E \ S / ZEE CEE WELDED (GC1 OR GCA-) GIRT SHOWN GIRT SIMILAR REV. DATE:07/01/09 REV. N0.00 PURLIN AND GIRT SIZES REV. DATE07/01/09 REV. N0.00 GIRT CONN. AT COLUMN REV, DATE:01/20/11 REV. NO,01 GIRT CONN. AT COLUMN REV, DATE;07/D1/09 REV, NO,00 SPECIAL SECONDARY PART MARK KEY REV. DATE;01/31/13 REV. NO.01 SECONDARY BUNDLE LOCATION KEY WS01 G3 OUTSET CONTINUOUS GIRT EN51 B2 COMMON GENERATED MARK NUMBERS EN51 B3 ALL SECONDARY DEPTHS EN53F1 8 1/2" 216mm WS01 G2 OUTSET SIMPLE GIRTS \•\`\FEssio'//, QQe 9� , Z _ co DELANEY •; G - - z : SNYDER z : v , P28778 • m' 0 • '• �' ��� . '/ /O W P \\ PERMIT SET- For Building Dept. Approval REFER TO FOR FLANGE TO GIRT ATTACHMENT SED BRACE BRO7H_ REFER TO SED BRO7H_ FOR FLANGE BRACE A REFER TO SED BRO7H FOR FLANGE BRACE To GIRT ATTACHMENT REFER TO SED BRO7H_ FOR FLANGE BRACE TO GIRT ATTACHMENT TO GIRT ATTACHMENT fill 111 ► BACK CEE GIRT ' TO BACK MEMBER 0 ` GIRT CLIP (GCD052060) MAY BE SHOP WELDED (GCA052060) \\ o� FACE CEE TO GIRT L BACK MEMBER Oli. \ \\ .4 1 - 0 //STRUCT _ � . _ GIRT CLIP GCD052060 MAY BE SHOP WELDED (GCA052060) I I I I I I GIRT CLIP CA052 2060) MAY BE SHOP WELDED (GCA052060) A (55307) 4 FSNR PER ANGLE UPPER �4 CEE GIRT qlihOGIRT '/ ® CLIP 0 O 0 GIRT CLIP \ 1 � �4'_ 1 �4" '3:‘, GIRT CLIP GCB-= (GCB-) GIRT FILLER �� MAY BE FIELD ANGLE (CFA-) SECTION A - A FACE TO BACK CEE GIRT MEMBER BOLTED (GCE-) 8 1 2" & 10" BACK TO FACE GIRT MEMBER REV. DATE:02/04/21 REV. NO. 02 REV. DATE 04/0 /24 NEB. NO 03 U RT CONN. AT C O L U Iv N REV. DATE:11/15/16 REV. NO. 02 GIRT CONN. AT COLUMN REV. DATE: 02/04/21 REV. NO. 02 GIRT CONN. AT COLUMN WS01 GA OUTSET BACK TO BACK WS01 GB GIRT CONN. AT COLUMN OUTSET FACE TO BACK (FLIPPED) CEE W001 J INSET BACK TO FACE CEE (STANDARD) CEE WS01 G8 OUTSET FACE TO BACK CEE (STANDARD) CEE 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 WALL SECONDARY SED'S (a) Rev: Date: By: Description: Builder: Hauptly Construction Inc. Job #: 25-024374-01J.J. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Date: Location: UTLE' 10/3/2025 Waterloo, Iowa O Drawn/Check: Project: 100 x 120 x 22 Butler Manufacturing J.J. / Page: Drawing Scale: NTS Builder's PO#: VPC Version: 25.2.0 19 VPC Filename: 25-024374-01 11/3/2025 SEDSheet 15:05:27 a division of BlueScope Buildings North America, Inc. Page 159 of 736 OPTION OPTION OPTION REFER TO SED BRO7H_ FOR FLANGE BRACE TO GIRT ATTACHMENT - (JAMB GIRT) \ SUPPOR��� FOR SDS NO OF CLIP LESS FO'S (55307) CLOSER THAN UP OR 3/4" �ATTACH To LOCATED THAN HOLES. 9' X APPROX 3/8" SCREW APART. •JAMB 9' USE FROM (3) 1/4-14 AS SHOWN. EDGE SPACING NOT FIELD DIAMETER TO A325 CLIPWITH ATTACH X 1 1/4" LOCATE AND DRIL(2) 9/16" HOLES IN EE GIRT JAMB (2) 1/2" X 1 1/2 BOLT (49080) - 4 FOR SDS NO OF LESS CLOSER CLIP FO'S UP (55307) THAN OR HOLES. THAN 3/4" TO 9' LOCATED 3/8" APART. X SCREW 9' USE APPROX FROM EDGE SPACING (3) AS 1/4-14 SHOWN. �41 NOT FIELD DIAMETER TO ATTACH A325 X 1 1/4" LOCATE AND DRILL HOLES IN ZEE JAMB (2) 1/2" BOLT (49080)INI (2)9" GIRT X / 1 1/2" FOR FO'S (55307) FROM 3/4" APART. EAVE UP To LOCATED EDGE OF STRUT 9'-0" CLIP X 9'-0" APPROX AS OR HOLES. SHOWN. FIELD DIAMETER CLIP USE (3) 1/4-14 NO CLOSER SCREW SPACING LOCATE AND HOLES TO ATTACH WINDOW JAMB ()/LOWELOWEE X 1 1/4" SDS THAN 3/8" NOT LESS THAN DRILL (2) 9/16" IN EAVE STRUCT AND JAMB (2) 1/2" X 1 1/2" CLIP (TSC-) JAMBOR EXTENSION JAMB TO TSC_ CLIP 2 1 2" A325 BOLTS A REFER TO SED BRO7H_ FOR FLANGE BRACE TO GIRT ATTACHMENT A G411 IRT 7(2) i ................................,,?.....L E GIRT.,r 1/2" A307 THINWi.illitol HEAD BOLT (096636) & NUT 095032 A ( ) Il (GC5) SECOND CEE ON A DOUBLE JAMB Is HELD BACK 6" FROMGIRT) ZEE GRT (JAMB SUPPORT10 DOUBLE JAMB TIGIRT ONCLIP1ICLIPHEAD It OR STRUCTURAL FASTENER (55307) CLIP—O O I. O�GIRT O GIRTS �O�G O I� O EACH END of MAIN JAMB. (2) 1/2 A307 THINCONNEC BOLT (096636) JAMB, PART ROOF PITCH JAMB, & NUT (095032) SINGLE TSC 1 0- 1 :1 2 I � �I IN SINGLE OR OR DOUBLE —OR— TSC2 1 1 /2 2:1 2 I .I ------ ------ ------ DOUBLE JAMB CAN BE 1 1/2" DEEPER �; TSC3 3:12 GIRT CLIP(GCB-)GIRT MAY BE FIELD 1 1/4"_ 1 1/4" CLIP (GCB—) MAY BE FIELD 1 1/4" 1 1/4" 1 4" / I�. A f THAN THE JAMB SUPPORT GIRT. ► XUSPDIW/ 8 e 0 TSC4 4:12 BOLTED (GCE-) SECTION A - A BOLTED {GCE-} - SECTION A - A CONLBEY 811/2� GIRT) \ JAMB CAN BE 1 1/2" DEEPER I THAN THE JAMB SUPPORT GIRT. - ALIGN JAMB AND GIRT AT BL. - NOTE: CONNECTION NOT TO BE (ONLY EXCEPTION: 11 1/2" JAMB DOUBLE JAMB SECT ON A —A CAN BE USED W/ 8 1/2" GIRT) PG1 CLIP = 3 3/4" AT 7", 8 1/2", 10" GIRTS SECTION A —A HIGH SIDE (ALL SLOPES USE USED TO CONNECT OVERHEAD 8 1/2" OR 10" BACK TO BACK GIRT MEMBER 8 1/2" OR 10" BACK TO FACE GIRT MEMBER CONNECTION ALIGN JAMB AND GIRT AT BL. SECTION A -A PGV1067 CLIP = 4 3/4" AT 11 1/2" GIRTS LOW SIDE DOOR JAMBS TO EAVE PURLIN _ CLIP TSC1) REV. DATE:02/15/24 REV. NO. 05 JAN 8 TO GIRT REV. DATE:02/15/24 REV. NO. 04 JAMB TO GIRT REV. DATE:09/27/23 REV. NO. 06 REV. DATE:07/24/12 REV. NO. 02 GIRT CONN. AT COLUMN REV. DATE:07/25/12 REV. NO. 01 GIRT CONN. AT COLUMN WS20B1 ANY JAMB, ANY CEE GIRT WS20B2 SINGLE OR DOUBLE JAMB, ANY ZEE GIRT WS20B6 JAMB EXTENSION TO EAVE STRUT WS01 HQ INSET BACK TO BACK CEE WS01 HT INSET FACE -BACK CEE (FLIPPED) CEE A JAMB, SINGLE OR DOUBLE JAMB BASE / A I SECOND JAMB EACH CEE ON A DOUBLE IS HELD BACK 6" FROM END OF MAIN JAMB. It DOUBLE tl CONNECTION y , JAMB OPTION GIRT TO JAMB DEPTH HEADER TO JAMB CLIP (PG1) DOOR HEADER / SILL TO CLIP (PG1) SILL JAMB II / SDS NO of LESS (55307) CLOSER THAN CLIP OR THAN 3/4" LOCATED APPROX AS 3/8" FROM EDGE HOLES. SCREW SPACING APART. SHOWN. NOT X 1 1/4" SINGLE JAMB JAMB CLIP 7" 8 1/2" 10" 11 1/2" GIRT DEPTH 7" JTG3 JTG6 8 1/2" JTG1 JTG5 JTG7 A 10" JTG4 JTG2 11 1/2" JTG2 SINGLE JAMB (2) A325 DIM. 1 /2" BOLT A 1 X 1 1 /2" A {49080) � �� i� /' '� � (2) 1/2" HEAD A307 THIN BOLT 096636 ( ) A SINGLE JAMB A �� q�; �� SINGLE JAMB (2) HEAD & FIELD To ATrACHHJAMB A325 1/2" A307 THIN BOLT (096636) NUT (095032) LOCATE AND DRILL (2) 9/16" I(2)z1/2 x 1 1/2" BOLT '�`L JAMB CLIP BASE ZEE GIRT � CLIP (PG1) 1/2" ANCHOR RODS WTH HARDENED WASHER II I �l�, k...0 ••• ,�, (2) 1/2" A307 HEAD BOLT (096636) & NUT (095032) E0 ARP 1NIG THIN 1 1 /4" I /�S &NUT (095032) O IO II ( SEE CHART)II EQUAL 3"EQUAL1 EQUAL 3 ,� I EQUAL (49080) / J ELERT I I I I 1 I 1 SE ATI� g E S N 6 " MAX ,'4� 40p II APE r �_ r J Q(4)1 SECTION A —A L. " / 2 A307 THIN EE E CTION I— —II ® —oT LLI j O O HEAD BOLT (096636) j O O jl (4) 1/2" A307 THIN DIM. A ZEE GIRT SHOWN I �J OPENING HEAD BOLT (096636) A CONCRETE FSNR AT 24" 0.C. I I O° - i� I I I I OPENING HEIGHT & NUT (095032) I I I I I HEIGHT & NUT (095032) JAMB CAN BE 1 1/2" DEEPER THAN THE JAMB SUPPORT GIRT. (ONLY EXCEPTION: 1 1 1 2 JAMB / CAN BE USED W/ 8 1/2" GIRT) 3 1 /4" AT 7", 8 1/2", 6 1/4" AT 11 1/2" 1 O" JAMB JAMB CEE GIRT SIMILAR JAMB CAN BE 1 1/2y THAN THE JAMB SUPPORT (ONLY EXCEPTION: CAN BE USED W/ ALIGN JAMB AND GIRT DEEPER GIRT. 11 1/2" JAMB B 1/2" GIRT) AT BL. (BY BUILDER) illr 1 BASE MEMBER L Ji —mil JAMB CAN BE 1 1/2" DEEPER w THAN THE JAMB SUPPORT GIRT ALIGN JAMB AND GIRT AT BL, SECTION A —A SECTION A —A SECTION A —A EQUAL 3" EQUAL I t SECTION A —A ALIGN JAMB AND GIRT AT BL. — PG1 CLIP = 3 3/4" AT 7", 8 1/2", 10" GIRTS PGV1067 CLIP = 4 3/4" AT 11 1/2" GIRTS REV. DATE:07/21/15 REV. NO.04 GIRT TO JAMB REV_ DATEO7/01/09 REV_ NO. 00 JAMB BASE ATTACHMENT REV. DATE:07/01/09 REV. NO. 00 HEADER TO JAMB REV. DATE:07/01/11 REV. NO. 00 SILL TO JAMB REV. DATE:02/07/24 REV. NO. 05 JAMB BASE TO CRT RT WS20F2 SINGLE JAMB WS2DF9 ANY HEADER, ANY SINGLE JAMB WS2OFB ANY SILL, ANY SINGLE JAMB WS20H2 ALL JAMB AND GIRT DEPTHS WS20B8 SINGLE OR DOUBLE JAMB ENDWALL GIRT GIRT (BOLTED)(WELDED) ( (GC34_)(GC65_) (GC62_)(GC66_) (GC63_)(GC67_) *** - CLIP *** )(GC64_) SEE CORNER al DETAIL ® WSR007 COLUMN ��• AT 7" GIRT AT 8 1/2" AT 10" GIRT AT 11 1/2" FOR � �� 10 GIRT GIRT BOLTED ) GIRT (GFA_) CLIP GIRT (BOLTED)(WELDED) (GC5) (GCE_) �' ' �' • i 44 i I FILLER W/ TO 7" GIRT 8 1/2" CLIP (GC2) (GCB_) / :6' ANGLE (3) 55307 & 10" AT INSET 8 AT 81/2"&10" INSET SIDEWALL GIRT �,�`OUT FRAME 1/2" 10" / SW GIRT GIRT GIRTS GIRT CLIP 8 1/2" GIRT CLIP (GC5) 10" GIRT CLIP (GCE) MAY BE SHOP IJ �.,.I TOP MEMBER ENDWALL GIRT GIRT CORNER CLIP COLUMN '® 0 �� I•.� (BOLTED) (PG1) (PG1) (GCD_) (GCD_) ' ,.:: (WELDED) (GC1) (GC1) (GCA_) (GCA_) \\ �/ AT 7" GIRT AT 8 1/2" AT 10" AT 11 OUTSET 51DEWALL 6' GIRT GIRT 1/2" GIRT GIRT FRAME �� WELDED (GC2 OR GCB-) I GIRT ..J I I I I nj FLUSH TO -� �, a I /4" (MAX.) > GITI COLUMN 1 �T G II ` BASE ANGLE (SHOWN) I L I1 \\,,1111I,,,/ ,\ FESS/p /, �Q�� tiy`%/ o:. '- -�; DELANEY ••0- _ - - Z' SNYDER Z (BOLTED)(WELDED) ( ***) (GC64_) (GC34_)(GCfi5_) (GC62_)(GC66_) (GC53_)(GC67_) *** - SEE DETAIL WSR002 AT 7"GIRT GIRT FILLER ANGLE AT 8 1/2" GIRT (GFA—) W/ (4) 55307 AT 10" GIRT AT 11 1/2" GIRT FOR BOLTED CLIP TO 7" GIRT BLDG. WIDTH - ;v: P28778 :-m\ ZEE GIRT SHOWN GIRT FILLER ANGLE (GFA-) CEE GIRT SIMILAR ATTACH W/ (4) 55307 GIRT ALIGNMENT OR LENGTH DETAIL MIS —ALIGNMENT •' ' . \\ '/,,�/OWP��\\` 8 1 /2" & 10" INSET GIRT (CORRECT ALIGNMENT) (AVOID THESE CONDITIONS) ( Z-GIRTS SHOWN, ALSO APPLICABLE FOR C-GIRTS) �' C ,I.V.,.L„L, REV. DATE:02/06/24 REV. NO. 01 GIRT CONK. AT COLUMN REV. DATE:06/23/22 REV. NO. 00 Expires: December 31 st, 2025 REV. DATEO9/10/13 REV. NO. 00 GIRT CONN. AT CORNER COLUMN REV. DATE09/10/13 REV. NO. 00 GIRT CONN. AT CORNER COLUMN WSR063 INSET GIRTS WSR065 WALL SECONDARY FRAMING ALIGNMENT pApprovalense PERMIT SET- For BuildingDept. WSR001 INSET GIRT AT EW, ANY OUTSET GIRT AT SW WSR004 ANY INSET GIRT AT EW, INSET GIRT AT SW 1. Unless noted, use 1/2 x 1 1/2 A325T Bolt (49080) and Nut (47120) w/o washers. Snug tighten bolts for all secondary connections. 2. Flange Braces are an integral part of the stability of the structural system and must be properly installed prior to erection of wall and roof sheets. 3. Removal or alteration of any component is prohibited. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 WALL SECONDARY SED'S (b) Rev: Date: By: Description: Builder: Hauptly Construction Inc. Job #: 25-024374-01J.J. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Date: Location: UTLE' 10/3/2025 Waterloo, Iowa O Drawn/Check: Project: 100 x 120 x 22 Butler Manufacturing J.J. / Page: Drawing Scale: NTS Builder's PO#: VPC Version: 255.2.0 20 VPC Filename: 25-024374-01 11/3/2025 SEDSheet 15:05:29 a division of BlueScope Buildings North America, Inc. Page 160 of 736 Covering Schedule Id #12 #13 #14 #15 Oper. Oper. Oper. Qty 30 30 30 30 Start Length 33'-9 1/8" 20'-9 3/4" 29'-11" 20'-9 3/4" Code:14=SQ,NT Code:11=SQ,SQ Code:13=SQ,NT Finish:Z=A1Zn Color:AZ=Plain A1Zn Accessory Schedule Id Qty Color 4 Beige Qty Stagger LengthType 30 28'-9 1/8" MR24 30 25'-9 3/4" MR24 30 24'-11" MR24 30 25'-9 3/4" MR24 Description 3070 Door - Standard Gage OP 24 14 24 11 24 13 24 11 Color AZ AZ AZ AZ Direction Right to Left Right to Left Right to Left Right to Left Detail T3 Trim Id T1 T2 T3 T4 T5 T6 T7 T8 T9 T10 Schedule Parts (12)IRT10C, (6)RC20 0560173,MRRET,RBT2,TC1,(0.5)WA10A 0630043,GEC1R 0630043,GEC1L (0.4)ST10C,MRGT2OL,(0.5)WA10B (12)ST10D, (5)GTR25 (0.4)ST10C,MRGT2OR,(0.5)WA10B 0630043,GEC1R 0630043,GEC1L (2)4CE75,(0.5)CP410 Color Plain Match Match Match AlZn Wall Wall Wall Color Color Color Cool Onyx Black Cool Onyx Black Cool Onyx Black Match Wall Color Match Wall Color Cool Onyx Black KV848 { 20'-9 3/4" T2 25'-9 3/4" T 1 (60)#14 (60)#15 Details ENB004,NV667 RCB200 EN60B1,EN60D1,RCB294 RCB200 T4 T2 { (60)#13 (60)#12 FT9 0 T 6 0 0 CD co 1 HT BL 120' 0" ROOF COVERING PLAN Shape Name = 100 x 120 x 22, Shape = 100 x 120 x 22 BL Planograph Schedule Id T1 T2 T3 T4 T5 T6 T7 T8 T9 T10 Details P-080573,P-080575,P-080578,P-080949,P-ZRSLO P-081167,P-081243,P-GAI P-080572,P-081236,P-103223,P-104542,P-104714 P-080572,P-081236,P-103223,P-104542,P-104714 P-081167,P-104544,P-107511,P-GAI P-103223,P-103315,P-104714 P-081167,P-104544,P-107511,P-GAI P-080572,P-081236,P-103223,P-104542,P-104714 P-080572,P-081236,P-103223,P-104542,P-104714 P-105224,P-105225,P-105228 \QOFESS/ONE`,: _co; DELANEY _ — z : SNYDER z _ 0 P28778 ;• m ' ••.. •.•..•• ' / /O W P \� PERMIT SET- For Building Dept. Approval License Expires ecember 31 s[, 2025 1. Pre -drilling 1/8 diameter holes for structural fasteners may be required for heavy gage nested zee's and/or fasteners to structural beams 2. Steel panels are an integral part of the structural system. removal or alteration without prior authorization is prohibited. 3. Due to manufacturing limitations short panels may require field cutting, see the covering schedule for cut lengths. 4. See job details for covering and trim fastener specification. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 ROOF COVERING PLAN Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 21 VPC Filename: 25-024374-01 11/3/2025 15:05:31 a division of BlueScope Buildings North America, Inc. Page 161 of 736 Liner/Soffit Schedule Id Qty Type Length #11 120 MODZ 3'-10 3/8" Oper. Code:1=SQ,SQ Finish:K=Butler-Cote Color:SW=Cool Solar White Gage OP 24 1 Finish Color Direction K SW Left to Right Cut Liner Trim Schedule Id Parts T1 (12)WSS10 Color Match Soffit Color Details T1 (120)#11 BL 120' 0" { Shape Name = 100 x 120 x 22, Shape = 100 x 120 x 22 BL Planograph Schedule Id Details Ti P-104557 ss • CO -z ,v • DELANEY • = SNYDER Z P28778 • m '/,,, /OW P \\" PERMIT SET- For Building Dept. Approval License Expires:December 31 st, 2025 1. Pre -drilling 1/8 diameter holes for structural fasteners may be required for heavy gage nested zee's and/or fasteners to structural beams 2. Steel panels are an integral part of the structural system. removal or alteration without prior authorization is prohibited. 3. Due to manufacturing limitations short panels may require field cutting, see the covering schedule for cut lengths. 4. See job details for covering and trim fastener specification. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 ROOF LINER PLAN Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 22 VPC Filename: 25-024374-01 11/3/2025 15:05:38 a division of BlueScope Buildings North America, Inc. Page 162 of 736 Covering Schedule Id Qty Type Start Length #1 8 SHP 23'-0 3/8" #2 17 SHP 23'-11 1/4" #3 9 SHP 22'-0 1/2" Oper. Code:1=SQ,SQ Finish:X=Special Request Finish:K=Butler-Cote Color:01=Special Color 1 Color:SW=Cool Solar White Fastener Schedule Part 0097365SPR 0097364SPR 0097365-102 0097364-102 Description (T-3) #12-14 (T-1) 1/4-14 (T-3) #12-14 (T-1) 1/4-14 Gage OP 26 1 26 1 26 1 K Fin. X X Color 01 01 SW Increment 1 7/16" -1 7/16" 1 7/16" Direction Left to Right Left to Right Left to Right 22'-0 1/2" / 22'-1 7/8" 22'-3 3/8" 22'-4 3/4" T9 T4 Trim Id T1 T2 T3 T4 Schedule Parts (0.5)DSF12C (0.5)DGS12 (0.5)DSF12 (1.7)BG2215, (2.5)BT12A T5 (5)BG2215,(6.5)BT12A T6 (3.5) 0620163, (2) SHOCT12 T7 (3.5) 0620163, (2) SHOCT12 T8 (3)MRGT2OR, (4.5)SHCL12, (5)WA10A T9 (2)MRGT2OL, (2.5)SHCL12, (2.5)WA10A (9)#3 22'-7 5/8" 22'-10 1/2" 23'-1 3/4" 23'-4 5/8" T9 8)#1 23'-6 1/8" 0 '-I 7 N 23'-8 7/8" 23'-10 3/8" Pre -assembled Personnel Door #1 23'-11 1/4" 23'-9 7/8" rs- M N Color Cool Onyx Cool Onyx Cool Onyx Cool Onyx Black Black Black Black Cool Onyx Black Match Wall Color Match Wall Color Cool Onyx Black Cool Onyx Black W uo M N 23'-4 1/8" 23'-2 3/4" Details NV568,NV569,WCB024,WCB025 NV125,NV140,NV566 NV567 ENB006,GV386, GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 ENB006,GV386, GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 NV118,NV119,NV133,NV134 NV118,NV119,NV133,NV134 KV403,KV404,MV822,PV167 KV403,KV404,MV822,PV167 T5 T8 22'-11 7/8" (17) #2 T2 T3 N N 22'-7 5/8" T2 22'-4 3/4" T2 T3 T2 T3 22'-0 1/2" / BL x 1 1/4", T-30 Torx Hd w/Washer x 3/4", T-30 Torx Hd w/Washer x 1 1/4", T-30 Torx Hd w/Washer x 3/4", T-30 Torx Hd w/Washer 100' 0" COVERING ELEVATION AT 1 Shape Name = 100 x 120 x 22, Wall = 1 Planograph Schedule Id Ti T2 T3 T4 T5 T6 T7 T8 T9 BL Details P-081201,P-081202,P-081203 P-081202 P-081180,P-081505 P-081180,P-081505 P-081180,P-081185 P-081180,P-081185 P-081167,P-081183,P-GAI P-081167,P-081183,P-GAI 01111/0 \QOFESS/ONE` / a _co -z w 0 DELANEY • = SNYDER z P28778 • m \ //,, / /OW \" PERMIT SET- For Building Dept. Approval License Expires:December 31 st, 2025 1. Pre -drilling 1/8 diameter holes for structural fasteners may be required for heavy gage nested zee's and/or fasteners to structural beams 2. Steel panels are an integral part of the structural system. removal or alteration without prior authorization is prohibited. 3. Due to manufacturing limitations short panels may require field cutting, see the covering schedule for cut lengths. 4. See job details for covering and trim fastener specification. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 COVERING ELEVATION AT 1 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 23 VPC Filename: 25-024374-01 11/3/2025 15:05:40 a division of BlueScope Buildings North America, Inc. Page 163 of 736 Covering Schedule Id #4 #5 Qty Type 24 SHP 16 SHP Start 22'-0 6'-11 Length 1/4" 3/8" Oper. Code:1=SQ,SQ Finish:K=Butler-Cote Color:SW=Cool Solar White Gage 26 26 OP 1 1 Fin. K K r- Pre Color Direction SW SW Left to Right Left to Right Trim Id T1 T2 T3 T4 Schedule Parts (1.5)DSF12C (1.5)DGS12 (2) DGS12 (0.6)BG2215,BT12A T5 (2 . 6) BG2215, (3. 5) BT12A T6 CTB2L,CTB2R T7 (3.5) 0620163, (2) SHOCT12 T8 (10) CLE12C, (5) GTR25, (10) SHCL12 T9 0008738,(2)4CE45,4CE75,(2.5)CP410 T8 Color Cool Onyx Cool Onyx Cool Onyx Cool Onyx Black Black Black Black Cool Onyx Black Match Wall Color Match Wall Color Cool Onyx Black Cool Onyx Black Details NV568,NV569,WCB024,WCB025 NV125,NV140,NV566 NV125,NV140,NV566 ENB006,GV386, GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 ENB006,GV386, GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 ENB006,NV664 NV118,NV119,NV133,NV134 EN60B1,EN60C1,EN60D1,MV252,MV822,NV110, NV116,NV131 KV846 I' (5)#5 T2 x (5)#5 T2 I' t (6)#5 T3 I' T1 (3)#4 m E (4)#4 T9 E { rn E { E (4)#4 rn E T9 (13)#4 T5 rn E { T } H E { rn E assembled Personnel T9 E Door #1 1 E Pre -assembled Personnel Door #2 6 9' 0" } 16' 0" f 9' 0" x 22'-0" x 9' 0" 120' 0" 16'-0" 39' 0" I I I I BL BL Fastener Schedule Part Description 0097365-102 (T-3) #12-14 x 1 1/4", T-30 Torx Hd w/Washer 0097364-102 (T-1) 1/4-14 x 3/4", T-30 Torx Hd w/Washer COVERING ELEVATION AT A Shape Name = 100 x 120 x 22, Wall = 2 Planograph Schedule Id Details T1 P-081201,P-081202,P-081203 T2 P-081202 T3 P-081202 T4 P-081180,P-081505 T5 P-081180,P-081505 T6 P-081180,P-081505 T7 P-081180,P-081185 T8 P-103223,P-103315,P-104714 T9 P-105224,P-105225,P-105228 \OFESS/ONE. • _co -z - 0 PERMIT SET- For Building Dept. Approval DELANEY • = SNYDER Z P28778 • m License Expires: December 31 st, 2025 1. Pre -drilling 1/8 diameter holes for structural fasteners may be required for heavy gage nested zee's and/or fasteners to structural beams 2. Steel panels are an integral part of the structural system. removal or alteration without prior authorization is prohibited. 3. Due to manufacturing limitations short panels may require field cutting, see the covering schedule for cut lengths. 4. See job details for covering and trim fastener specification. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 COVERING ELEVATION AT A Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 24 VPC Filename: 25-024374-01 11/3/2025 15:05:41 a division of BlueScope Buildings North America, Inc. Page 164 of 736 Covering Id #6 #7 Qty 17 17 Schedule Type SHP SHP Start Length 22'-0 1/2" 23'-10 3/8" Oper. Code:1=SQ,SQ Finish:K=Butler-Cote Color:SW=Cool Solar White Gage 26 26 OP 1 1 Fin. K K Color SW SW Increment Direction 1 7/16" Left to Right -1 7/16" Left to Right 22'-0 1/2" 22'-1 7/8" 22'-3 3/8" 22'-4 3/4" '-I N N 22'-7 5/8" 22'-10 1/2" T4 Trim Schedule Id Parts T1 (6.7)BG2215,(8.5)BT12A T2 CTB2L,CTB2R T3 (3.5) 0620163, (2) SHOCT12 T4 (3)MRGT2OL, (4.5)SHCL12, (5)WA10A T5 (3)MRGT2OR, (4.5)SHCL12, (5)WA10A 22'-11 7/8" (17) #6 23'-1 3/8" 23'-2 3/4" 23'-4 1/8" 23'-9 7/8" 23'-11 1/4" T1 23'-10 3/8" 23'-8 7/8" N co N Color Cool Onyx Black Match Wall Color Match Wall Color Cool Onyx Black Cool Onyx Black 23'-6 1/8" 23'-4 5/8" 23'-3 1/4" 23'-1 3/4" Details ENB006,GV386,GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 ENB006,NV664 NV118,NV119,NV133,NV134 KV403,KV404,MV822,PV167 KV403,KV404,MV822,PV167 23'-0 3/8" T5 rl N N (17) #7 22'-9 1/2" 22'-8 1/8" 22'-6 5/8" N N 22'-3 7/8" 22'-2 3/8" N N J T2 BL Fastener Schedule Part Description 0097365-102 (T-3) #12-14 x 1 1/4", T-30 Torx Hd w/Washer 0097364-102 (T-1) 1/4-14 x 3/4", T-30 Torx Hd w/Washer 100' 0" COVERING ELEVATION AT 5 Shape Name = 100 x 120 x 22, Wall = 3 Planograph Id Detail T1 P-0811 T2 P-0811 T3 P-0811 T4 P-0811 T5 P-0811 Schedule 80,P-0815 80,P-0815 80,P-0811 67,P-0811 67,P-0811 BL 05 05 85 83, P-GAI 83, P-GAI 01111/0 ss 7 -z v / * ' ••.......••• '/ /O W P \� PERMIT SET- For Building Dept. Approval DELANEY = SNYDER Z P28778 • m \ License Expires: December 31 st, 2025 1. Pre -drilling 1/8 diameter holes for structural fasteners may be required for heavy gage nested zee's and/or fasteners to structural beams 2. Steel panels are an integral part of the structural system. removal or alteration without prior authorization is prohibited. 3. Due to manufacturing limitations short panels may require field cutting, see the covering schedule for cut lengths. 4. See job details for covering and trim fastener specification. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 COVERING ELEVATION AT 5 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 25 VPC Filename: 25-024374-01 11/3/2025 15:05:43 a division of BlueScope Buildings North America, Inc. Page 165 of 736 Covering Schedule Id Qty Type Start Length #8 14 SHP 21'-10 3/4" #9 16 SHP 6'-9 7/8" #10 10 SHP 21'-10 3/4" Oper. Code:1=SQ,SQ Finish:K=Butler-Cote Finish:X=Special Request Color:SW=Cool Solar White Color:01=Special Color 1 Fastener Schedule Part 0097365-102 0097364-102 0097365SPR 0097364SPR Description (T-3) #12-14 (T-1) 1/4-14 (T-3) #12-14 (T-1) 1/4-14 Gage 26 26 26 OP 1 1 1 Fin. K K X T Color Direction SW Left to SW Left to 01 Left to Right Right Right Trim Id T1 T2 T3 T4 T5 T6 T7 T8 Schedule Parts (1.5)DSF12C (1.5)DGS12 (2) DGS12 (0.5)DSF12C (0.5)DGS12 (0.5)DSF12 DSF12C (1.2)BG2215, (2)BT12A T9 (0.3)BG2215,(0.5)BT12A T10 (0.4)BG2215,BT12A T11 (0.6)BG2215,BT12A T12 CTB2L,CTB2R T13 CTB2L,CTB2R T14 0008738,(2)4CE45,4CE75,(2.5)CP410 Color Cool Cool Cool Cool Cool Cool Cool Cool Onyx Onyx Onyx Onyx Onyx Onyx Onyx Onyx Black Black Black Black Black Black Black Black Cool Onyx Black Cool Onyx Black Cool Onyx Black Match Wall Color Match Wall Color Cool Onyx Black Details NV568,NV569,WCB024,WCB025 NV125,NV140,NV566 NV125,NV140,NV566 NV568,NV569,WCB024,WCB025 NV125,NV140,NV566 NV567 NV568,NV569,WCB024,WCB025 ENB006,GV386, GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 ENB006,GV386, GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 ENB006,GV386, GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 ENB006,GV386, GV443,NV115,NV120,NV128,NV130, NV135,NV143,NV664,WCB082,WCB083,WCB085, WCB086,WSR065 ENB006,NV664 ENB006,NV664 KV846 T5 T5 #8 (5) #9 T2 } }' (6) T3 #9 { { (5) #9 T2 }' c P T6 T4 c P T6 c P c -1 P 10 L2 T5 -1 P (10) T5 1 (3)#8 c - P P (4 c -1 P T11 P 1 (4)#8 T11 1 P � -1 P (3)#8 1 P T10 Pre -assembled Personnel T11 P Door #1 2 P Pre -assembled Personnel T11 Door # T] P T6 P P T9 P T8 18'-6" 5' 0" f 15'-6" BL x 1 1/4", T-30 Torx Hd w/Washer x 3/4", T-30 Torx Hd w/Washer x 1 1/4", T-30 Torx Hd w/Washer x 3/4", T-30 Torx Hd w/Washer k 16'-0" k 9' 0" 1' 120' 0" 22'-0" Y 9' 0" Y 16'-0" Y 9' 0" COVERING ELEVATION AT E Shape Name = 100 x 120 x 22, Wall = 4 1. Pre -drilling 1/8 diameter holes for structural fasteners may be required for heavy gage nested zee's and/or fasteners to structural beams 2. Steel panels are an integral part of the structural system. removal or alteration without prior authorization is prohibited. 3. Due to manufacturing limitations short panels may require field cutting, see the covering schedule for cut lengths. 4. See job details for covering and trim fastener specification. The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineer's seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by Butler. This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. D Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 Planograph Schedule Id Ti T2 T3 T4 T5 T6 T7 T8 T9 T10 T11 T12 13 2 2 3 BL Details P-081201,P-081202,P-081203 P-081202 P-081202 P-081201,P-081202,P-081203 P-081202 P-081201,P-081202,P-081203 P-081180,P-081505 P-081180,P-081505 P-081180,P-081505 P-081180,P-081505 01111/0 \OFESS/pN�: • _co -z - 0 DELANEY • = SNYDER z P28778 • m '/,,, /OW P-RERMlTo8ET- For Building Dept. Approval P OE311E30 P 0E31rOr T , T14 P-105224, P-105225, P-105228 COVERING ELEVATION AT E License Expires:December 3l st, 2025 Rev: Date: By: Description: Builder: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, Iowa Project: 100 x 120 x 22 3urLE� Butler Manufacturing VPC Version: 25.2.0 Job #: 25-024374-01 J.J. Date: 10/3/2025 Drawn/Check: J.J. / Page: Drawing Scale: NTS Builder's PO#: 26 VPC Filename: 25-024374-01 11/3/2025 15:05:44 a division of BlueScope Buildings North America, Inc. Page 166 of 736 L EAVE HEIGHT FACE OF WALL SECON EE o11 j�ON5 i �VpN �12L� TOPiF� EAVE STRUT 1 1/2" DEEPER THAN MAIN PURLINS Z PURLIN FRAME MEMBER OUTSET GIRTS SHOWN (INSET GIRTS SIMILAR) NOTE: Z PURLIN SHOWN, TRUSS PURLIN SIMILIAR REV. DATE02/08/23 IREV. NO. 01 EN60B1 EAVE HT. WITH MR-24 WITH THERMAL BLOCK 8 1/2 AND 10 INCH PURLINS SEE DRAWING P- 05224, P-105225, AND P-105228 FOR DOWNSPOUT INSTALLATION AND RIVET COLOR PART MARK INFORMATION GUTTER OUTLET (008738) 45° ELBOW (4CE45) CONDUCTOR PIPE (CP410) CONDUCTOR STRAP FORM(ED) (TYP.)ELD 75° ELBOW (4CE75) 00 REV. DATE:04/04/24 IREV. NO. 03 KV846 EAVE ROOF PANEL GUTTER WALL PANEL BLIND RIVET (TYP.) SIDEWALL FLOOR LINE SLOPE RANGE 1/4:12 THRU 1/2:12 4 INCH DOWNSPOUT AT WALL BUTLERIB II AND SHADOWALL BLANKET INSULATION WALL PANEL GIRT PANEL TO STRUCTURAL FASTENER REV. DATE05/05/13 IREV. NO. 02 NV120 0"-4" INSULATION AT WALL STRUCTURAL SHADOWALL WALL PANEL VE HEIGHT 0 EAVE ANGLE SCRUBOLT (097196) 1'-0" 0.C. FACE OF WALL SECOND OF ROPF PHgg/NG 50170 % RUR\\N SOP M�N EAVE STRUT 11 1/2" Z PURLIN FRAME MEMBER OUTSET GIRTS SHOWN (INSET GIRTS SIMILAR) NOTE: Z PURLIN SHOWN, TRUSS PURLIN SIMILIAR EAVE HEIGHT FACE OF WALL SECONDARY FRAME MEMBER OUTSET GIRTS SHOWN (INSET GIRTS SIMILAR) NOTE: Z PURLIN SHOWN, TRUSS PURLIN SIMILIAR REV. DATE:07/31/23 IREV. NO. 03 EN60C1 EAVE HEIGHT MR-24 WITH THERMALL BLOCKS 11 1/2 INCH PURLINS GUTTER OUTLET (008738) 75° ELBOW (4CE75) BLIND RIVET (TYP.) ROOF PANEL GUTTER CONDUCTOR PIPE (CP410) 111,1111 11111 CONDUCTOR PIPE 841k (CP410) 75° ELBOW (4CE75) CONDUCTOR STRAP (CS)M(TO T) BEpFIELDFOR�� .) 75° ELBOW (4CE75) SEE DRAWING P-105224, P-105225, AND P-105228 FOR DOWNSPOUT INSTALLATION AND RIVET COLOR PART MARK INFORMATION SLOPE RANGE 1/4:12 THRU 1/2:12 REV. DATE:02/03/151 REV. NO. 03 KV848 03 EAVE -H 0 0 N SIDEWALL WALL PANEL CONDUCTOR PIPE 1— LJ J FLOOR LINE 0 4 INCH DOWNSPOUT AT 4'-0" OVERHANG REV. DATE02/15/23 I REV. NO.00 EN60D1 EAVE HEIGHT BRII OR MR-24 w/o THERMAL BLOCKS ROOF PANEL ERECTION GUIDE REQUIRED FOR THIS PROJECT: REFER TO: MR-24 ROOF SYSTEM INSTALLATION GUIDE 10 REV. DATE:01/30/14 I WV. NQ 00 ENB004 MR-24 ROOF SYSTEM WALL PANEL ERECTION GUIDE REQUIRED FOR THIS PROJECT: REFER TO: SHADOWALL WALL SYSTEM INSTALLATION GUIDE ERTLER SHADOWALL PANEL (OPTIONAL) FOAM CLOSURE (570731) 5/8" LAP - BASE TRIM (BT12A) 0" (MIN.) TO STRUCTURAL LINE ATTACH BASE TRIM WITH PANEL TO STRUCTURAL FASTENERS 24" O.C. (LOCATE FASTENERS TO AVOID PANEL CORRUGATION). SHIFT BASE ANGLE OR BASE GIRT HOLES 1-1/2" OFF MODULE WITH UNPUNCHED PANELS ATTACH PANEL WITH PANEL TO STRUCTURAL FASTENERS 12" 0.C. (LOCATE AT PANEL CORRUGATIONS) APPLY SEALANT (025392) CONTINUOUSLY MASONRY ANCHOR (NOT BY B.M.C.) jFLOOR LINE 2" (MAX.) (OPTIONAL) NOTCH FOUNDATION -CLEARANCE BETWEEN STRUCTURAL LINE & BASE TRIM (OPTIONAL) BASE GIRT BASE ANGLE (BA225) L 2-1/4" OR 4" 2-3/4" 2-0" (MAX. SPACING) MASONRY ANCHOR LOCATION (TYP). OPTIONAL BASE GIRT BASE TRIM (BT12A) 2-3/4" 2'-0" (MAX. SPACING) 6" JOINT PANEL ADAPTER CLIP (543333) (NEST INTO PANEL HOLES & CENTER ON JOINT) USE VISE GRIP TO HOLD CLIP SECURE TO BASE ANGLE WHILE BENDING TABS TIGHT AGAINST BASE ANGLE REV. DA1E:01/30/14 IREV. NO. CO ENB006 SHADOWALL WALL SYSTEM GABLE TRIM MALE - (MRGT20L) FEMALE - (MRGTL2OL) SEE DWG. P-081167 WALL ADAPTER (WA10A) SEE DWG. P-081167 TORX T-3D SDS (097364) 2'-0" 0.C. (COLOR SUFFIX REQURIED) WALL CLOSURE SHCL12) 12'-0" COVERAGE) SEE DETAIL IMV8221 MR-24 ROOF PANEL PURLIN OR EAVE STRUT SHADOWALL PANEL ENDWALL NOTE: IF ERECTION DRAWING P-081635 HAS BEEN PROVIDED THEN THE HIGH WIND GABLE TRIM CLIPS ARE REQUIRED. MR-24 ROOF PANEL PURLIN OR EAVE STRUT SHADOWALL PANEL ENDWALL GABLE TRIM FEMALE - (MRGT2DR) MALE - (MRGTL2OR) SEE DWG. P-081167 \\-TORX T-30 SDS (097364) 2 -0" 0.C. (COLOR SUFFIX REQURIED) WALL ADAPTER (WA10A) SEE DWG. P-081167 WALL CLOSURE SHCL12) 12'-0" COVERAGE) SEE DETAIL IMV822 I NOTE: IF ERECTION DRAWING P-081635 HAS BEEN PROVIDED THEN THE HIGH WIND GABLE TRIM CLIPS ARE REQUIRED. REV. DATE:01/14/10 IREV. ND. 00 GV386 SHADOWALL — BASE TRIM INSTALLATION LAPPED & NOTCHED FOUNDATION AT FLOOR LINE REV. OATE:01/14/10 'REV. NO. 00 GV443 OPTIONAL BASE CHANNEL JOINT DETAIL - AT FLOOR LINE REV. DA0E.03/09/17 'REV. N0. 03 KV403 GABLE TRIM LEFT WITH MR-24 ROOF SHADOWALL WALL PANEL WITH CLOSURE REV. DATE:03/09/17 'REV. NO. 03 KV404 GABLE TRIM RIGHT WITH MR-24 ROOF SHADOWALL WALL PANEL WITH CLOSURE SEE DRAWINGS P-103223 AND P-104714 FOR GUTTER INSTALLATION GUTTER SUPPORT (630000) PANEL STRAP (560004) 2 3/4" SCRUBOLT (097264) AT CORR. CLOSURE CLOSURE (560348) 1 1/4" SCRUBOLT (097104) BACK-UP STRAP GUTTER TORX T-30 1/4" X 3/4" SELF -DRILLING SCREW 097364) (2'-0" O.C.) COLOR SUFFIX REQUIRED) WALL CLOSURE SHCL12) 12'-0" COVERAGE) SEE DETAIL NOTE: IM V822 I WHEN USING 6" WALL INSULATION INSTALL 1/4" X 3/4" T-30 SDS 097364) AT 1'-0" 0.C. COLOR SUFFIX REQUIRED) REV. DATE:01/26/17 IREV. N0.02 MV252 SELF —DRILLING SCREW (097295) GUTTER SUPPORT TAB (CST) MR-24 ROOF EAVE CLOSURE (CLE12C) 12'-0" COVERAGE USE 1" LAP AT SPLICE EAVE STRUT SHADOWALL PANEL SIDEWALL SLOPE RANGE 1/4:12 - 4:12 GUTTER WITH WTHR. SEAL WITH MR-24 ROOF SHADOWALL WALL PANEL WITH WALL CLSR FOR METAL WALL CLOSURE ATTACHMENT ♦ HOLE BAND RIVET (097580) ATLD DRILL 964" DIAMEr2R-0" ONFOR CENTER FOR BUTLERIB AND (2) PER 1'-0" FOR SHADOWALL METAL WALL CLOSURE AT ENDWALL SEE DETAIL SEE DETAIL SEE DETAIL SEE DETAIL SEE DETAIL PV166 PV166 PV167 1 MV831 FOR BUTLERIB FOR BUTLERIB EX FOR SHADOWALL FOR SHADOWALL EX FOR eSHADOWALL (FIELD CUT AS REQUIRED) SIDEWALL CLOSURE SCHEDULE WALL SYSTEM BUTLERIB II SHADOWALL BUTLERIB EX SHADOWALL EX eSHADOWALL (BRCL12) (SHCL12) (12'-0") (12'-0") WALL PANEL •SEE DRAWING P-081764 FOR BLIND RIVET COLOR INFORMATION PANEL LENGTH SCRUBOLT ROOF LINE PANEL TO STRUCTURAL FASTENER (ROOF SLOPES GREATER THAN 1/2:12 WITH BRII AND ALL SLOPES WITH MR-24 AND CMR-24 ROOFS) EAVE STRUT BRACE (ESBS_) AT CENTERLINE OF EAVE STRUCTURAL SPLICE EAVE STRUT SHADOWALL PANEL SHADOWALL PANEL STRETCH INSULATIO TIGHT & ATTACH TO BASE TRIM WITH DOUBLE FACED TAPE (NOT BY B.M.C.) (OPTIONAL) FOAM OR RUBBER CLOSURE BASE TRIM (SHOWN) iSTRUCTURAL LINE BASE ANGLE (SHOWN) FLOOR LINE OR TOP OF MASONRY WALL FILL VOID WITH INSULATION (EXCEPT WITH MITERED WALL PANEL) - rim EAVE TRIM SHOWN SHADOWALL PANEL HOLD INSULATION TEMPORARILY WITH DOUBLE FACED TAPE (NOT BY B.M.C.) EAVE STRUT SHOWN ENDWALL DETAIL SIMILAR SUPPORT CHANNEL ATTACH INSULATION TO SUPPORT CHANNEL WITH DOUBLE FACED TAPE (NOT BY B.M.C.) SUPPORT CHANNEL 7 FILL VOID WITH SCRAP INSULATION PRIOR TO INSTALLING CORNER TRIM CORNER TRIM ATTACH INSULATION TO SUPPORT CHANNEL WITH DOUBLE FACED TAPE (NOT BY B.M.C.) CORNER TRIM SUPPORT CHANNEL ATTACH INSULATION TO SUPPORT CHANNEL WITH DOUBLE FACED TAPE (NOT BY B.M.C.) REV. DA1E:03/15/211 REV. N0.05 MV822 OPTIONAL METAL CLOSURE ATTACHMENT BR/BR EX/SHDOWALL/SHDOWALL EX/eSHADOWALL PANELS REV. DATE 07/20/16 I REV. NO. 01 NV110 SIDEWALL PANEL TOP CONNECTION AT FRAME EAVE STRUT SPLICE REV. OA0E:06/05/13 IREV. N0. 01 NV115 0"-4" INSULATION AT BASE — BASE TRIM SHADOWALL WALL PANEL REV. DATE06/05/13 'REV. N0.02 NV116 0" 4" INSULATION AT TOP OF WALL—WIDESPAN SHADOWALL WALL PANEL REV. DATE08/05/13 'REV. N0. 02 NV118 0"-4" INSULATION AT OUTSIDE CORNER SHADOWALL WALL PANEL 0"-4" INSULATION AT INSIDE CORNER SHADOWALL WALL PANEL SHADOWALL PANEL FOAM CLOSURE 1 /4" DRIP GUTTER ATTACH INSULATION TO DRIP GUTTER WITH DOUBLE FACED TAPE (NOT BY B.M.C.) OVERHEAD DOOR HEADER REV. DATE:10/31/24 REV. NO. 03 NV125 0" 4" INSULATION AT OVERHEAD DOOR HEADER SHADOWALL WALL PANEL 1 ENDWALL POST iiniiif1i{llw— i 1lII TRIM INSULATION TO A MAXIMUM THICKNESS OF 4" BEING CAREFUL NOT TO CUT THE FACING REV DATE:10/18/17 I REV. NO. 03 NV143 4 1/2"-8" INS. AT EW POST ON BLDG. LINE SHADOWALL WALL PANEL - WIDESPAN ENDWALL POST SHADOWALL PANEL q BUILDING LINE 116....010.0111 aill FILL VOID WITH INSULATION (EXCEPT 4 WITH MITERED WALL PANEL) I I EAVE TRIM BUILDING LINE TRIM INSULATION TO A MAXIMUM THICKNESS OF 4" BEING I ATTACH INSULATION TO SUPPORT CHANNEL WITH DOUBLE FACED TAPE (BY OTHERS) SUPPORT CHANNEL SHOWN -\ CAREFUL NOT TO CUT _.„„1071-01. FACED i).4.- - II, I EAVE STRUT THE FACING. MAKE RETAINED BETWEEN THE !efi. 4, CSHUAPPNONRETL iltAiiiiiiiii P. :174 ----:-----_,Iilli CORNER TRIM p po. CTA °HT TA SANUCNPHEPL 01 NWRSTUT HL A T I 0 N DOUBLE FACED TAPE PANEL TO STRUCTURAL ET11-../1/11: r I 1 INSULATION IS POSITIONED AND IN A STRAIGHT LINE AND ATTACH TO BASE TRIM WITH DOUBLE FACED iw...„ TTDRI MA INmSAUxLimAuTmION 1.--.0111. THICKNESS OF 4" 1.1.1.,114, BEING CAREFUL NOT '---"ofie TO CUT THE FACING ..litkki MAXIMUM THICKNESS -*,,,,41 _,,. ATTACH INSULATION AEC ti - ,I TAPE (BY OTHERS) ,, BASE FLOOR LINE OR TOP OF h OF 4'' BEING _411/ TO SUPPORT Aerai CAREFUL NOT TO CUT TRIM INSULATION t-..-INSULATION TO EAVE (BY OTHERS) TRIM INSULATION 114112"V, (OPTIONAL) FOAM OR RUBBER ANGLE (SHOWN) MASONRY WALL SHADOWALL PANEL STRUT WITH DOUBLE FACED THICKNESS OF 4" BEING CAREFUL NOT ft....- TO A MAXIMUM , FACED TAPE (BY INSULATION CORNER TRIM TO CUT THE FACING OTHERS) AND MAKE ..4, BEING CAREFUL NOT CLOSURE ... al" SURE THE BLANKET IS •-•••••11111 RETAINED BETWEEN THE PANEL AND EAVE We STRUT AND DOES NOT 41111114-1._,I DROP DOWN SUPPORT CHANNEL FILL VOID WITH SCRAP INSULATION PRIOR TO INSTALLING CORNER TRIM , _ .._--4 4111.F.--- fl, ;6010111 TO CUT THE FACING BASE (SHOWN) REV. DATE06/06/13 !REV. NO.02 0"-4" INSUL. AT EW POST ON STRUCT. LINE REV. DATE:10/18/17 I REv. NO. 03 4 1/2"-8'' INSULATION AT BASE — BASE TRIM REV. DATE:10/18/17 I REV. NO. 03 4 1/2"-8'' INSUL. AT TOP OF WALL—WIDESPAN REV. DATE:10/18/17 I FEV. NO. 03 4 1/2"-8" INSULATION AT OUTSIDE CORNER REV. DATE:10/18/17 'REV. NO. 03 4 1/2"-8" INSULATION AT INSIDE CORNER REV DATE:10/18/17 I RV. NO. 03 4 1/2"-8" INSULATION AT WALL STRUCTURAL NV128 SHADOWALL WALL PANEL - wiDEsPAN NV130 SHADOWALL WALL PANEL NV131 SHADOWALL WALL PANEL NV133 SHADOWALL WALL PANEL NV134 SHADOWALL WALL PANEL NV135 SHADOWALL WALL PANEL 1/4" SHADOWALL PANEL HEADER CHANNEL 12-14 x 1 1/4" TORX S.D.S. (097365) FOAM CLOSURE (570731) DRIP GUTTER (DGS12) 12'-l'' COVERAGE *REFER TO DWG. P-081202 OR P-081203 FOR ADDITIONAL INFORMATION ON INSTALLATION OF THE DRIP GUTTER. *APPLY HIGH QUALITY SEALANT (BY OTHERS) BETWEEN FLASHINGS AND CHANNEL FOR WATER TIGHTNESS. NV566 HEADER DETAIL - SHADOWALL 1/4" X 3/4" TORX S.D.S. SILL FLASHING (DSF12) 12'-0" COVERAGE 12-14 x 1 1/4" TORX S.D.S. (097365) SILL CHANNEL FOAM CLOSURE (570731) SHADOWALL PANEL *ENDS OF SILL FLASHING SHOULD EXTEND BENEATH THE BOTTOM OF THE JAMB FLASHINGS. APPLY HIGH QUALITY SEALANT (BY OTHERS) BETWEEN FLASHINGS AND CHANNEL FOR WATER TIGHTNESS. JAMB CHANNEL 12-14 X 1 1/4" TORX SDS (097365) SDS (097230)(UNPNTD) TORX SDS (097364) BLIND RIVET (097580) *SEE DRAWING P-081764 FOR BLIND RIVET COLOR INFORMATION JAMB FLASHING (DSF12C) 12'-0" COVERAGE SUPPORT CHANNEL (570751) FIELD CUT SHADOWALL PANEL FLUSH WITH FACE OF JAMB *SEE DRAWING P-081202 FOR MORE INFORMATION. *APPLY HIGH QUALITY SEALANT (BY OTHERS) BETWEEN FLASHINGS AND CHANNEL FOR WATER TIGHTNESS. JAMB CHANNEL 12-14 X 1 1/4" TORX SDS (097365) 1/4" X 3/4" TORX SDS (097364) SHADOWALL PANEL JAMB FLASHING (DSF12C) 12'-0" COVERAGE *SEE DRAWING P-081202 FOR MORE INFORMATION. *APPLY HIGH QUALITY SEALANT (BY OTHERS) BETWEEN FLASHINGS AND CHANNEL FOR WATER TIGHTNESS. 00 = OPERATION SHP SHADOWALL WALL PANEL MARK NO.: FFIIEGGOOCCC SHU LENGTH CODE 12" TYP. 5/16" TYP. SHADOWALL WALL PANEL SURFACE EXTERIOR SMOOTH F = FEET E = EIGHTHS 00 = OPERATION MR-24 ROOF PANEL MARK NO.: MR24 FFIIEGG 00 C C C LENGTH CODE 24" COVERAGE 2 3/8" /SMOOTH EXTERIOR SURFACE 2 3/8" MR-24 ROOF PANEL FACTORY APPLIED SEALANT NV567 SILL DETAIL — SHADOWALL NV568 OFF MODULE JAMB DETAIL - SHADOWALL REV. DATE 2/1/20 IREV. NO.03 NV569 ON MODULE JAMB DETAIL — SHADOWALL SHADOWALL WALL PANELS NV667 MR-24 STANDING SEAM ROOF PANEL SEE DRAWINGS P- 03223 AND P-104714 FOR GUTTER INSTALLATION SELF DRILLING SCREW (097295) GUTTER SUPPORT (630000) PANEL STRAP (560004) CLOSURE (560348) 1 1/4" SCRUBOLT (097104) GUTTER 2 3/4" SCRUBOLT (097264) AT CORR. CLOSURE BACK-UP STRAP OPTIONAL EAVE CLOSURE (CLE12C) 12'-0" COVERAGE USE 1" LAP AT SPLICE TORX 1 1/4" T-30 SELF -DRILLING SCREW (097365) (2'-0" O.C.) SOFFIT TRIM 10'-4" (ST10A) 8 1/2" (ST10B) 10" ST1OD 11 1/2" ST1OE 11 1/2"+EAVE ANGLE EAVE STRUCTURAL SEE DRAWING P-107511 FOR SEE DRAWING P-081764 FOR li niii AnMR-24 ROOF i EAVE STRUCTURAL TORX 1 1/4" T-30 SELF -DRILLING SCREW (097365) (2'-0" 0.C.) 011111 LOCATE SDS TO AVOID SECONDARY PUNCHING. - _ _ CANOPY GUTTER SUPPORT TAB GST) SOFFIT WITH SOFFIT SEE RCB001 FOR FASTENERS WITHOUT SOFFIT TORX 1 1/4" T-30 SELF -DRILLING SCREW (097365) (5'-0" 0.C.) NOTE: EAVE CLOSURES ARE OPTIONAL MODULEZE II SOFFIT INSTALLATION BLIND RIVET COLOR INFORMATION REV. DATE:03/06/241 REV. NO. 03 RCB294 GUTTER WITH WTHR. SEAL WITH MR-24 ROOF AT CANOPY DOOR POST DOOR POST SUPPORT CHANNEL BLANKET INSULATION BLANKET INSULATION SUPPORT CHANNEL ATTACH INSULATION TO DOOR POST WITH DOUBLE FACED TAPE (BY OTHERS) ATTACH INSULATION TO DOOR POST WITH DOUBLE FACED TAPE (BY OTHERS) littl Anti! 1, ?! ATTACH INSULATIO ATTACH INSULATION TO DOOR POST WITH TO DOOR POST WITH DOUBLE FACED TAPE DOUBLE FACED TAPE (NOT BY B.M.C.) (NOT BY B.M.C.) DOOR TRIM DSF12C SEE DRAWING P-081202 FOR ADDITIONAL INFORMATION. DOOR TRIM DSF12C TRIM INSULATION TO A MAXIMUM THICKNESS OF 4" BEING CAREFUL NOT TO CUT THE FACING SEE DRAWING P-081202 FOR ADDITIONAL INFORMATION. REV. DATE:10/71/16 I REV. NO. 00 0"-4" INSULATION AT OVERHEAD DOOR POST REV DATE:10/18/17 I REV. NO. 131 4 1/2"-8" INSUL. AT OVERHEAD DOOR POST ONE SIDE ON MOD - ONE SIDE OFF MOO - SHADOVVALL WCB024 ONE SIDE ON MOD - ONE SIDE OFF MOD - SHADOWALL WCB025 FLA NOTES: WALL FASTENER (TYPICAL) SEE FASTENER SCHEDULE FOR PART NUMBER AND USAGE ON DETAIL L N DIRECTION OF ERECTION 1. SEE DETAIL I WCB083IFOR WALL PANEL INSTALLATION 2. SEE DRAWING P-081191 FOR SIDE LAP PANEL FASTENER PROCEDURES FLA NOTE: REFER TO DETAIL IWCB0861 FOR FASTENER SCHEDULE AND INSTALLATION NOTES UNPUNCHED PANELS INSTALL FASTENERS 1 /2" DOWN TO CLEAR STRUCTURAL HOLES AT EAVE MEMBER, GIRTS AND BASE ANGLE ORDER SPECIFIC RAW 1 DETAIL rivc) GIRT (SEE DETAIL IWCB08,10 NOTE: SPACE SIDELAP FASTENERS EQUALLY BETWEEN STRUCTURALS (SEE SIDELAP FASTENER SHADOWALL PANEL FOR BASE CONDIT! N SEE DWGS. P-081505, P-081513, P-081645 OR P-081649. SEE BASE TRIM (SEE DETAIL IWCB0851) EAVE OR GABLE STRUCTURAL PANEL JOINT (SEE DETAIL IWCB0821) 2" PUNCHED PANELS OR MOVE BASE ANGLE AS SHOWN ON DWG. P-081189 PANEL TO STRUCTURAL FASTENER V-0" 0.C. (REPEAT AT EACH CORRUGATION AT ALL STRUCTURALS) • BASE TRIM BASE ANGLE (SHOWN) (OPTIONAL) NOTCHED FOUNDATION FASTENER SCHEDULE INSULATION THIEKNESS PANEL —TO —STRUCTURAL FASTENERS PANEL —TO —PANEL FASTENERS PAINTED SCRUBOLTS (PUNCHED OR UNPUNCHED PANELS) PANTED SELF—DRIWNG SCREWS (UNPUNCHED PANELS ONLY) PAINTED SELF—DRIWNG SCREWS (PUNCHED OR UNPUNCHED PANELS) THRU 097361 MEDIUM SELF—DRIWNG SCREW 097365 SHORT SELF—DRIWNG SCREW 097364 OVER 4" THRU LONG SCRUBOLT 097362 MPS — 1 1/4" T-30 TORX MEDIUM SELF —DRILLING SCREW 097365 SHORT SELF—DRIUJNG SCREW 097364 OVER 6" THRU LONG SCRUBOLT 097362 NOT RECOMMENDED SHORT SELF—DRIWNG SCREW 097364 SIDELAP FASTENER QUANTITIES DISTANCE BETWEEN FASTENER QUANTITY WALL STRUCTURALS BETWEEN STRUCTURALS IMPORTANT: MAXIMUM SPACING BETWEEN SIDELAP FASTENERS IS 3.-0". FASTENER NOTES: 1. HEADS OF FASTENERS ARE PAINTED TO MATCH WALL PANEL COLOR. THE FASTENER PART NUMBERS SHOWN IN THE FASTENER SCHEDULE WILL BE FOLLOWED BY A THREE DIGIT COLOR SUFFIX CODE. 2. PANEL —TO —STRUCTURAL FASTENERS ARE INSTALLED ON 1.-0" CENTERS AT EACH PANEL CORRUGATION. PANEL —TO —PANEL FASTENERS ARE INSTALLED AT EACH PANEL JOINT AND SPACED EVENLY BERVEEN STRUCTURALS AS SHOWN IN SIDELAP FASTENER QUANTITIES CHART. INSTALLATION NOTES: 1. SHADOWALL PANELS ARE AVAILABLE WITH OR WITHOUT PUNCHING. REFER TO PANEL IDENTIFICATION FOR PART NUMBER AND PANEL USAGE. 2. WHEN USING UNPUNCHED PANELS, CHECK MODULARRY ON EVERY PANEL TO ASSURE PROPER COVERAGE AND FIT UP OF TRIM AT ACCESSORIES. 3. FOR CORRECT INSTALLATION OF SELF—DRIWNG SCREWS FOR UNPUNCHED PANELS. A VARIABLE SPEED SCREW GUN WRH CAPABILITY OF 1600 TO 2500 RPM IS RECOMMENDED. (SEE DRAWING P-081189). 4. REFERENCE SHADOWALL INDEX P-081180 FOR APPROPRIATE INSTALLATION DRAWINGS. 5. REFER TO APPROPRIATE INSULATION INSTALLATION DETAILS ON ORDER SPECIFIC DRAWINGS TO PREVENT UNSIGHTLY BILLOWING ON EXTERIOR SURFACE OF WALL PANELS. FLA SHADOWALL PANEL JOINT ASSEMBLY SECTION A -A SHADOWALL PANEL INSTALLATION PANEL TO STRUCTURAL SHADOWALL PANEL ATTACHMENT AT BASE LAP FOUNDATION SHOWN SHADOWALL PANEL GENERAL NOTES FASTENER AND INSTALLATION IF TWO BLANKETS OF INSULATION ARE BEING USED TRIM THE FACED BLANKET (INSIDE) TO A MAXIMUM THICKNESS OF 4" BEING CAREFUL NOT TO CUT THE FACING AND CUT THE UNFACED (OUTSIDE) SO THAT IT JUST REACHES THE TOP OF THE DOOR HEADER SHADOWALL PANEL FOAM CLOSURE 1/4" DRIP GuTTER uNFACED INSULATION FACED INSULATION ATTACH INSULATION TO DRIP GUTTER WITH DOUBLE FACED TAPE (NOT BY B.M.C.) OVERHEAD DOOR HEADER SHADOWALL WALL PANEL LENGTHS CLOSURE LINE ROOF WALL PANEL LENGTHS BOTTOM OF GABLE TRIM OR SOFFIT SUPPORT & LOCATE BLIND RIVETS WALL CLOSURE INSTALLATION WALL CLOSURE INSTALLATION (FOR SLOPES UP TO .5: 12) (4:12 SLOPE SHOWN) NOTE: AS ROOF SLOPE INCREASES OR DECREASES BEYOND CLOSURES SPECIFIED FITUP, IT MUST BE CUT TO LENGTH INDICATED, TO ACCOMMODATE SLOPE DIMENSION VARIANCE. MINOR NIPPING OF THE FLASHING "FINGERS" MAY BE REQUIRED TO AVOID INTERFERENCE FOR PROPER FITUP. SHADOWALL - ENDWALL CLOSURE SCHEDULE ROOF SLOPE (RISE IN 121 USE AS IS CUT TO CUT TO CUT TO • SEE DRAWING P-081764 FOR BLIND RIVET COLOR INFORMATION R=RIGHT/FEMALE GABLE TRIM (MRGTL20_) SEE DWG. P-081167 WALL ADAPTER SEE DWG. P-081167 TORX T-30 SELF -DRILLING SCREW SOFFIT TRIM 10'-0" LONG INSTALL BEFORE EW TRIM W/O SPA. BLK.-ST10C W/SPA. BLK. 10" - ST10C MR-24 ROOF PANEL SELF -DRILLING SCREW GABLE ANGLE PURLIN, EAVE STRUT OR EXTENSION ENDWALL SEE RCB001 FOR FASTENERS W/O SOFFIT SDS TO STRUCT SOFFIT NOTE: IF ERECTION DRAWING P-081635 HAS BEEN PROVIDED THEN THE HIGH WIND GABLE TRIM CLIPS ARE REQUIRED. REV. DATE.D7/10/17 IREV. NO, 02 SHADOWALL WALL PANEL ENDWALL CLOSURE SCHEDULE OUT rt_4-TOP MEMBER GIRT FLUSH TO yBASE ANGLE (SHOWN) BLDG. WIDTH OR LENGTH GIRT ALIGNMENT DETAIL (CORRECT ALIGNMENT) L_ (AVOID THESE CONDITIONS) (Z-GIRTS SHOWN, ALSO APPLICABLE FOR C-GIRTS) WALL SECONDARY FRAMING ALIGNMENT RCB200 GABLE TRIM WITH MR-24 ROOF PERMIT SET- For Building Dept. Approval DELANEY SNYDER P28778 License Expires: December 31st, 2025 The Butler Mfg. Engineer's seal applies only to the work product of Butler Mfg. and design and performance requirements specified by Butler. The Butler Mfg. Engineers seal does not apply to the performance or design of any other product or component furnished by Butler except to any design or performance requirements specified by This drawing, including the information hereon, remains the property of Butler Mfg. It is provided solely for erecting the building described in the applicable purchase order and may be reproduced only for that purpose. It shall not be modified, reproduced or used for any other purpose without prior written approval of Butler Mfg. Butler Manufacturing 1540 Genessee St. Kansas City, MO 64102 COVERING & TRIM SED'S Rev: Date: By: Description: Hauptly Construction Inc. The general contractor and/or erector is solely responsible for accurate good quality workmanship in erecting this building in accordance with this drawing, details referenced in this drawing, all applicable Butler Mfg. erection guides, and industry standards pertaining to proper erection, including the correct use of temporary bracing. Customer: Location: Waterloo, lowa Project: 100 x 120 x 22 <3UTLEFi Butler Manufacturing VPC Version: 25.2.0 Date: 10/3/2025 J.J. Page: 27 Drawing Scale: NTS Builder's PO#: 11/3/2025 SEDSheet 15:05:50 a division of BlueScope Buildings North America, Inc. Page 167 of 736 NOTES FOR LARGE CLEARSPAN PROJECTS (TYPICALLY 120' & GREATER): MODIFIED IN AUTOCAD * TYPICALLY 120' OR GREATER, HOWEVER, IF BUILDING HAS HEAVY ROOF LOADS OR LARGE BAYS 100' OR SMALLER MAY BE OF CONCERN; REVIEW WITH SERVICE CENTER IF QUESTIONS. * LARGE CLEARSPAN PROJECTS WILL VERTICALLY DEFLECT UNDER THEIR SELF WEIGHT AS WELL AS UNDER THE ADDITIONAL WEIGHT OF MATERIAL ATTACHING TO THE FRAMES (COLLATERAL LOAD). * FOUR REFERENCE SCHEMATICS ARE PROVIDED. THE FIRST SCHEMATIC IS THE FRAME IN ITS THEORETICAL UNLOADED POSITION (NO SETTLEMENT). THE SECOND SCHEMATIC IS THE FRAME SETTLEMENT UNDER JUST THE FRAME SELF WEIGHT. THE THIRD SCHEMATIC IS THE FRAME SETTLEMENT UNDER THE TOTAL DEAD LOAD OF MATERIAL (FRAME SELF WEIGHT PLUS PURLINS, INSULATION, & ROOF PANEL). THE FOURTH SCHEMATIC IS THE FRAME SETTLEMENT UNDER DEAD LOAD AND COLLATERAL LOAD. * DURING THE COURSE OF CONSTRUCTION, THERE MAY BE DIFFERENTIAL SETTLEMENTS IN RAFTER ELEVATIONS FROM FRAMELINE TO FRAMELINE. AS LONG AS SETTLEMENTS DO NOT EXCEED THE SCHEMATICS AS DISPLAYED, NO CONCERN IS NECESSARY. * IF THE SETTLEMENTS EXCEED THE SCHEMATICS, REVIEW THE SITUATION WITH YOUR SERVICE CENTER TO ENSURE THE STRUCTURAL INTEGRITY OF THE BUILDING SYSTEM SUPPLIED. * THERE ARE MANY FIELD CONDITIONS WHICH CAN CAUSE THIS VARIATION IN ELEVATION. IF ALL OTHER FIELD CONDITIONS HAVE BEEN REVIEWED AND DETERMINED TO HAVE BEEN INSTALLED CORRECTLY IN ACCORDANCE TO PROVIDED DRAWINGS, SHIMMING OF THE FRAME IS A VIABLE SOLUTION TO ADJUSTING ELEVATIONS TO A CORRECT LEVEL. * FOR THOSE INSTANCES WHEN IT HAS BEEN DETERMINED THE FRAME HAS EXCESSIVELY SETTLED (IE FRAME ELEVATION IS LOWER THAN 1/2" OR HIGHER THAN 1" FROM INDICATED VALUES), SHIMMING IS AN ACCEPTABLE SOLUTION. *SHIMS ARE TO BE PROVIDED BY THE ERECTOR. * SEE BUTLER'S WIDESPAN INSTALLATION GUIDE (358 6) — SECTION E (BOLT TIGHTENING E— 4) FOR SHIMMING GUIDELINES (SKETCHES PROVIDED TO RIGHT FOR REFERENCE). * SHIMMING OF CONNECTIONS SHOULD BE EXPECTED TO MAINTAIN KEY DIMENSIONS SUCH AS CLEARANCE, HEIGHT, AND PLUMBNESS OF THE ERECTED BUILDING. AS NOTED ABOVE SHIMS ARE NORMALLY PROVIDED BY THE ERECTOR, BUT MAY BE ORDERED UPON REQUEST BY CONTACTING YOUR PROJECT MANAGER. RIDGE SPLICE H1 1 Finger shim as required between botts On occasion shims may lbe required to fill Lint gaps, level beams, accommodate varying depth of members, level frame bases, adjust for differential frame deflection, etc. Some shimming must be anticipated by the erector and is considered by the Code of Standard Practice to be part of the erection contract. Shims are provided by the erector. Shimming between gaps at flanges is accomplished with thin Id'i It plates stacked between the joints. Figure E Tad( weld to sid in place Of necessary) Centerline Of Web y PI • Dim A = 1". Shim dimensions may vary from those shown if required for tit up Multiple shirns may be staked to fill required gap. • Gaps greater than a 1/4" require engineering review. Contact your Project Manager. * *CAMBER (DL OR DL+CG) IS/IS NOT INCLUDED ON THE FRAMES OF THIS PROJECT. * *ALL DIMENSIONS ARE FROM FINISH FLOOR TO THE TOP OF THE SPLICE PLATE AT THE RIDGE. * *NEGATIVE DEFLECTIONS ARE DOWNWARD, POSITIVE DEFLECTIONS OR CAMBER ARE UPWARD. * *HEIGHTS ABOVE FINISH FLOOR ARE ROUNDED TO NEAREST SIXTEENTH. RIDGE SPLICE RIDGE SPLICE H3 1 RIDGE SPLICE Scenarios 1) THEORETICAL SHAPE 2) DEFLECTED SHAPE VIA SELF WT 3) DEFLECTED SHAPE VIA DL 4) DEFLECTED SHAPE VIA DL+CG GRID A (IN) FROM DATUM H1 (FT) AFF GRID A (IN) FROM DATUM H2 (FT) AFF GRID A (IN) FROM DATUM H3 (FT) AFF GRID A (IN) FROM DATUM H4 (FT) AFF ALL 0.000 23'-10 1/4" FL 2 —0.229 23'-10" FL 2 —0.653 23'-9 5/8" FL 2 —1.559 23'-8 11/16" FL 3 —0.229 23'-10" FL 3 —0.656 23'-9 5/8" FL 3 —1.570 23'-8 11/16" FL 4 —0.229 23'-10" FL 4 —0.653 23'-9 5/8" FL 4 -1.559 23'-8 11/16" Dim A Bolt Dia + 1/16 Dim A L = Flange Width 1 1(2" iqureE7 FOB CO Flat Shim DELANEY SNYDER P28778 License Expires: December 31 s[, 2025 \STCTION o z= m- THE BUTLER MFG. ENGINEER'S SEAL APPLIES ONLY TO THE WORK PRODUCT OF BUTLER MFG. AND DESIGN AND PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THE BUTLER MFG. ENGINEER'S SEAL DOES NOT APPLY TO THE PERFORMANCE OR DESIGN OF ANY OTHER PRODUCT OR COMPONENT FURNISHED BY BUTLER EXCEPT TO ANY DESIGN OR PERFORMANCE REQUIREMENTS SPECIFIED BY BUTLER. THIS DRAWING, INCLUDING THE INFORMATION HEREON, REMAINS THE PROPERTY OF BUTLER MFG. IT IS PROVIDED SOLELY FOR ERECTING THE BUILDING DESCRIBED IN THE APPLICABLE PURCHASE ORDER AND MAY BE REPRODUCED ONLY FOR THAT PURPOSE. IT SHALL NOT BE MODIFIED, REPRODUCED OR USED FOR ANY OTHER PURPOSE WITHOUT PRIOR WRITTEN APPROVAL OF BUTLER MFG. D BUTLER MANUFACTURING 1540 GENESSEE ST. KANSAS CITY, MO 64102 LARGE CLEARSPAN NOTES REV: DATE: BY: DESCRIPTION: BUILDER: Hauptly Construction Inc. THE GENERAL CONTRACTOR AND/OR ERECTOR IS SOLELY RESPONSIBLE FOR ACCURATE GOOD QUALITY WORKMANSHIP IN ERECTING THIS BUILDING IN ACCORDANCE WITH THIS DRAWING, DETAILS REFERENCED IN THIS DRAWING, ALL APPLICABLE BUTLER MFG. ERECTION GUIDES, AND INDUSTRY STANDARDS PERTAINING TO PROPER ERECTION, INCLUDING THE CORRECT USE OF TEMPORARY BRACING. CUSTOMER: LOCATION: Waterloo, Iowa PROJECT: 100 X 120 X 22 DRAWING SACLE: NTS BUILDER'S PO#: Butler Manufacturing VPC VERSION: JOB #: 25-024374-01 DATE: 11 /3/2025 DRAWN/CHECK: J.J. / PAGE: 31 FILENAME: SAVE DATE: SAVE TIME: LAST SAVED BY: a division of BlueScope Buildings North America Inc. Page 168 of 736 WARPDR 4050 Leversee Road Area of Site Plan Amendment HYPER DR IIIIIIIIIIIIIIIIIIIII 0 Page vltlfi1) 36 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 December 1, 2025 AGENDA ITEM TITLE Resolution setting date of public hearing as December 15, 2025, for the sale and conveyance of approximately twelve acres of City -owned property in the amount of $1.00 to Wahawk Power, LLC, for the construction of an 80,000 square -foot data center, with an accessory water treatment area and substation, having a minimum assessed value of $6,000,000.00, located north of 570 West Shaulis Road, including a Development Agreement and Minimum Assessement Agreement with rebate schedule of ten -years at fifty -percent, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a resolution setting date of public hearing as December 15, 2025, for the sale and conveyance of approximately 12 acres City -owned property in the amount of $1.00 to Wahawk Power, LLC, for the construction of an 80,000 square foot data center, with an accessory water treatment area and substation, having a minimum assessed value of $6,000,000.00, located north of 570 West Shaulis Road, including a Development Agreement and Minimum Assessment Agreement with rebate schedule of ten years at 50 percent. NEIGHBORHOOD IMPACT The new data center will be one of the first users in the South Waterloo Business Park, creating 10 to 30 new jobs. The new data center will be similar to other smaller data centers in Waterloo in terms of use, but much larger. This project will further diversify the city's economic base, and make the city more attractive for other and similar hi -tech uses. DATA, ANALYSIS, AND STRATEGIES Economic development, land use and tax base growth. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS The sale and conveyance of the property needs to go through the public hearing process. SOURCE OF EXPENDITURES Page 170 of 736 Rebates to be paid back through TIF. ALTERNATIVE ACTION LEGAL DESCRIPTION The East 1600 feet of the Southwest Quarter (SW 1/4) lying north of the South Half (S 1/2) of the South Half (S 1/2) of the Southwest Quarter (SW 1/4), Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Development Agreement 2. Aerial Map Page 171 of 736 Prepared By: Austin J. McMahon, Lange & McMahon, PLC, 222 1st St. E., Independence, IA (319) 334-4488 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of this day of 202, by and between Wahawk Power, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the San Marnan Urabn Renewal and Redevelopment Plan Area, being changed to the Amended and Restated South Waterloo Unified Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and undertake improvements on certain real property described in Exhibit A (the "Property"), consisting of approximately 12.00 acres, and which is 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, 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. 1 Page 172 of 736 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 (Exhibit A) to Company in its as -is condition for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and right-of-way easements sending the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes. Company is responsible for conducting 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 develop or construct a data center building that is approximately 80,000 sq. feet in size, an accessory water treatment area, a substation, and such other things that are necessary for the operation of the data center on the Property. Company shall further develop or construct incidental infrastructure and features, such as landscaping, water detention, paving, signage, and parking on the Property. The foregoing shall be collectively referred to as the "Improvements" or the "Project." All Improvements shall be developed or constructed in accordance with 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 or 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 "Project." 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. 2 Page 173 of 736 If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide 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 all required permits or licenses and begin development or construction of the Improvements within six (6) months from the date that the City conveys the Property to Company (the "Commencement Date"). Company must Substantially Complete development or construction within fourteen (14) months from 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 3 Page 174 of 736 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 described below. The City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements. Any additional or longer extensions will require approval and consent of the City Council. B. Events Triggering Termination and/or Reverter of Title. If Company does commence or does not Substantially Complete development or construction of the Improvements in accordance with the deadlines stated above, then, 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. If City terminates this Agreement, 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 property or other amounts it expended for the Improvements, Project, or other activities. 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 4 Page 175 of 736 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 foregoing indemnity shall include the cost of removing any Improvements constructed by Company and reverting 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 "'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 $6,000,000.00 (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. Public Infrastructure. The City shall be responsible for the construction of public infrastructure that is necessary for the Improvements. 5 Page 176 of 736 10. Tax Rebates. Provided that Company has completed Substantially Completed the Improvements before the Completion Deadline, and subject to the other terms of this Agreement, including any extensions for Substantial Completion, City agrees to rebate property tax (with the exceptions noted below) with respect to the Improvements, as follows: Year One through Year Ten: 50% rebate each year for any taxable value added by the completed Improvements (each such payment is a "Rebate") over the initial base value of $73,957.00. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (i.e., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. 11. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non -appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the 6 Page 177 of 736 suspended provision. To this end the provisions of this Agreement are severable. B. City shall have no obligation to make a payment of a Rebate to Company if at any time during the term hereof City fails to appropriate funds for payment or City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Rebate payment to Company, as contemplated under Section 11 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof, or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circumstances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of this Agreement, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code§ 403.19 and the ordinance governing the Urban Renewal Plan. 12. Conditions to City Funding. A. The complete or initial funding by City of the Rebates and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this is not satisfied at a Rebate payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Rebate payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Rebate payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the expansion of a tax increment financing (TIF) district, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company and in this 7 Page 178 of 736 Agreement shall be true and correct as of the Rebate disbursement date with the same force and effect as if made at such date. (ii) Company shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Rebate disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 13. 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 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 8 Page 179 of 736 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 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. 14. 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. 15. 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. 9 Page 180 of 736 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 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. 16. 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 10 Page 181 of 736 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. 17. 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 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. 18. 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. Notwithstanding the foregoing, (a) Company may assign the Property to an affiliate of Company without prior approval of City provided (i) the assignee assumes the obligations of Company under this Agreement, (ii) the assignee shall receive all Rebates payable as of and after the date of assignment, and (iii) Company provides written notice of assignment to City within five (5) business days after execution of assignment and (b) Company may mortgage the Property to a lender as security for financing of Project improvements, but for no other purpose. 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 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 11 Page 182 of 736 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. 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. 20. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement upon a 30- day written notice. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination and to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or 12 Page 183 of 736 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. The remedies available to the City shall survive any termination of this Agreement. 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, 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. 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, Delivery of notice shall be deemed completed upon: (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 or electronic mail so long as the sender obtains electronic confirmation 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 13 Page 184 of 736 construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 26. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 27. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as Written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 28. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 29. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 30. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 31. Counterparts. This may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 32. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 33. Time of Essence. Time is of the essence of this Agreement. 14 Page 185 of 736 IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date set forth above. CITY OF WATERLOO, IOWA WAHAWK POWER, LLC By: By: Quentin M. Hart, Mayor Charles Moore, Manager Attest: Kelley Felchle, City Clerk 15 Page 186 of 736 EXHIBIT A Description The East 1600 feet of the Southwest Quarter (SW 1/4) lying north of the South Half (S 1/2) of the South Half (S 1/2) of the Southwest Quarter (SW 1/4), Section 9, Township 88 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa. 16 Page 187 of 736 EXHIBIT B 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 WAHAWK POWER, 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 (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code§ 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon 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 $6,000,000.00 (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, 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 17 Page 188 of 736 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 (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 18 Page 189 of 736 (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] 19 Page 190 of 736 CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) WAHAWK POWER LLC By: Name: Title: On this day of , 202, 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 (title) of Wahawk Power, LLC. 20 Notary Public Page 191 of 736 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 Six Million and 00/ 100 Dollars ($6,000,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Date Assessor for Black 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 21 Page 192 of 736 Area outlined in Yellow F F 17_ Sri '1.1&1•17 1 0.1 In I-1 . Page 193 of 736 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 December 1, 2025 AGENDA ITEM TITLE Resolution setting the date of hearing as December 15, 2025 to approve a twenty-five year lease agreement with an option for a ten-year renewal, with 205 E 4th, LLC, to lease/manage the Park Avenue Parking Ramp, located at 310 East Park Avenue, and instruct the City Clerk to publish notice. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a resolution setting the date of hearing as December 15, 2025 for a 25-year lease agreement with an option for a 10-year renewal, with 205 E 4th, LLC, to lease/manage the Park Avenue parking Ramp, located at 310 East Park Avenue, and instruct the City Clerk to publish notice. 205 E 4th, LLC is the entity that is undertaking the $57,000,000.00 renovation of the Black Building into a hotel, retail, office and residential spaces. Section 6B of the development agreement with 205 E 4th, which has been approved by City Council, notes that the parties involved shall cooperate to develop and enter into a written agreement with respect to needed repairs, maintenance, cost - sharing, and a lease arrangement of the abutting parking ramp that is conducive for the effective redevelopment and operation of the Blacks Building. The development agreement is attached. The lease agreement is being finalized and will be provided prior to the hearing. NEIGHBORHOOD IMPACT The lease would not appear to negatively impact the surrounding area. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 194 of 736 ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. Development Agreement Page 195 of 736 Prepared By: Austin J. McMahon, 222 1st St. E., Lange & McMahon, PLC 319-334-4488 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of lv U44'""'"- 2025 by and between 205 E 4th LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the Downtown Waterloo Urban Renewal and Redevelopment Area ("Urban Renewal Area"). B. Company is willing and able to finance and undertake renovation of existing structures and make related improvements on property legally described in Exhibit "A" attached hereto (the "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, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein the parties agree as follows: 1. Development Property. Company has purchased the Property. Company will undertake the Project (defined below) upon the Property. 1 Page 196 of 736 2. Improvements by Company. Company shall (a) remove and properly dispose of all debris and unwanted furnishings, fixtures and other personal property from the Property, (b) rehabilitate the existing structure on the Property to construct a up to 130 room, upper mid -scale or better national brand hotel, Class A commercial space and up to 25 market rate apartments and (c) make other improvements to the building and grounds, including but not limited to parking, streetscaping, storm water, paving and signage improvements (collectively, the "Improvements"). All removal and disposal of asbestos or other hazardous materials shall strictly conform to applicable law, rule or ordinance governing the handling and disposal of such materials. The Improvements shall be constructed in accordance with the terms of this Agreement and with all applicable City, state, and federal building codes, shall comply with all applicable City ordinances and other applicable law, and shall be of a scope and scale as described in Company's plans submitted to City. 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 other work to make the project site usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project." 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans or Modified Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans or Modified Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. The Plans or Modified Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans or Modified Plans in whole or in part, Company shall submit new or corrected. Plans or Modified Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans or Modified Plans fail to conform to the requirements of this Section. The 2 NO Page 197 of 736 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. City approval of the Plans or modified plans shall not be unreasonably withheld. 4. Timeliness of Construction; Possibility of Termination. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to offer the incentives provided for in this Agreement, and that without said commitment City would not do so. A. Deadline to complete. Company must obtain a building permit and begin the work no later than twelve (12) months after the date of this Agreement (the "Start Date") and Substantially Complete rehabilitation of the buildings and all units within thirty-six (36) months after the date of this Agreement (the "Project Completion Date"). For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed pursuant to the Plans or Modified Plans to the extent necessary for City to issue a certificate of occupancy relating thereto and City has also verified that any Project element for which no permit was necessary has been Substantially Completed. All deadlines are subject to Unavoidable Delays as defined in paragraph B below. One six (6) month extension to the Start Date and Substantially Complete Date timelines shall automatically be granted upon written request by the Company. B. Events triggering termination. If Company does not commence or Substantially Complete construction of the Improvements on the schedule stated above, then City may terminate this Agreement as set forth in Section 16, and City shall then have no further obligation under this Agreement. In any circumstance where Company's progress on the Project fails to meet the schedule stated above, then City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not been Substantially Completed within such extended period, then any further time extensions will require consent of the City Council. If development is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the 3 Page 198 of 736 Property and for payment of any associated connection fees. 6. City Activities to Aid Project. In addition to Rebates as provided herein, City will undertake the following activities to assist the Project: A. Annual Grant Payments. City shall make Annual Grant payments to Company in the total amount of Fourteen Million Dollars ($14,000,000.00), amortized over a ten (10) year period, with interest at the rate of eight and one-half percent (8.5%) per annum. The first Annual Grant payment shall be made on January 1, 2026, and additional Annual Grant payments shall be made each year thereafter on January 1 until paid in full. B. Parking. The parties shall cooperate to develop and enter into a written agreement with respect to needed repairs, maintenance, cost -sharing, and a lease arrangement that is conducive for the effective operation of the Project. C. Site Specific Accommodations. City grants the Company the right of use of up to 60 feet parking area adjacent to the property and located on the East 4th Street side of the building for use as a temporary drop off and pick up zone for property guests at no additional cost to the Company. City also grants an encroachment to the Company to construct an entrance canopy, at its option, from the property's East 4th Street entrance and up to 10 feet into the parking area on the west side of the street. City grants the right to the Company, at its option, to place landscaping and lighting enhancements on any and all elevations of the building and the adjoining sidewalks and alleys. City will not unreasonably withhold approval of other accommodations and enhancements not contemplated by this agreement. The design of improvements contemplated in this section will be subject to review and approval of the Main Street Waterloo Design Council which shall not be unreasonably withheld. 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $8,000,000.00 (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. 8. Tax Rebates and Abatement. The Company waives, and shall not receive, 4 Page 199 of 736 any tax rebates, and Company further waives, and shall not receive, any tax abatement in connection with 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 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 5 Page 200 of 736 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 MAAtermination 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 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 C ity. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. 1t 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. 6 Page 201 of 736 D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness agreement or instrument of whatever nature to which 'Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 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 Toss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's lease or acquisition of the same or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any Willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and 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. 7 01-7 Page 202 of 736 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 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. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or Project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 15. Limitations on Payments of Grants. A. Each payment of a Grant is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non -appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Grants 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 8 Page 203 of 736 deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding any other term or provision of this Agreement, City shall have no obligation to make a payment of a Grant to Company if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Project Property and future taxable improvements upon the Project Property or from other properties in the Urban Renewal Area to fund a Grant payment to Company, as contemplated under any term or provision of this Agreement, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Project Property and future taxable improvements upon the Project Property or from other properties in the Urban Renewal Area is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circumstances, City shall promptly forward notice of the same to Company, then either party may terminate this Agreement, without penalty or other liability, and the parties shall then negotiate a different arrangement to provide for City's payment of development costs to Company. C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on (i) the Project Property and future taxable improvements thereon and (ii) other properties in the Urban Renewal Area that are received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 16. 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. Notwithstanding the foregoing, Company may sell, convey, and transfer, without City consent, Property and/or Company's interest in this Agreement to any of Company's lenders for construction financing purposes. 17. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; 9 Page 204 of 736 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. 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. 18. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 10 Page 205 of 736 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. 19. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 20. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 21. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 22. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319- 291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 215 E 4th Street, Waterloo, Iowa 50703, Attention: Managing Member. 11 of) Page 206 of 736 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 23. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 24. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 25. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 26. Compliance with Laws. Company shall comply with all applicable federal, state, and local laws, statutes, ordinances, codes, rules, and regulations in connection with the design and construction of the Improvements and operation of the finished Project, including, but not limited to, the Americans with Disabilities Act of 1990 (ADA), as amended, and any implementing regulations, as well as all applicable building, zoning, environmental, labor, safety, and accessibility requirements. 27. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 28. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that the parties hereto and their respective attorneys have contributed substantially and materially to the preparation of each and every provision of this Agreement. 12 Page 207 of 736 29. Governing Law; Litigation. This Agreement shall be governed by and construed and interpreted in accordance with the internal laws of the State of Iowa. The parties hereby agree and consent, with respect to any action to enforce or defend any claim, counterclaim, cross -claim, cause of action, or any matter arising from or in any way related to this Agreement or the transactions contemplated hereby, (a) to WAIVE ANY RIGHT TO A TRIAL BY JURY; (b) to submit to the exclusive jurisdiction of the Iowa District Court for Black Hawk County; and (c) to irrevocably waive, to the fullest extent possible, the defense of any inconvenient forum or improper venue to the maintenance of any such action or proceeding. 30. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 31. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 32. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 33. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 13 Page 208 of 736 CITY OF WATERLOO, IOWA By: Quentin M. Hart, Mayor Attest: R Kelley Felchle ( ity Clerk 14 205 E 4TH LLC By: Managing Member Name: /` 4✓t'c Olif13, Page 209 of 736 EXHIBIT"A" Legal Description of Property LOT NOS. 9 AND 10; THE SOUTHWEST 38 FEET OF LOT No. 8; AND LOT NO. 7. EXCEPT THE NORTHEASTERLY 5 FEET THEREOF; ALL IN BLACK NO. 13 IN THE ORIGINAL PLAT ON THE EAST SIDE OF THE CEDAR RIVER. IN THE On OF WATERLOO. BLACK HAWK COUNTY, IOWA. ofv) Page 210 of 736 EXHIBIT"B" MINIMUM ASSESSMENT AGREEMENT Y - This Minimum Assessment Agreement (the "Agreement") is entered into as of /1/5 , 2025 by and among the CITY OF WATERLOO, IOWA ("City"), 205 E 4th LLC ("Co pany"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code' 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be Tess than Eight Million Dollars $8,000,000.00 (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 June 30, 2028 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, 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 Page 211 of 736 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 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 (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 Page 212 of 736 Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] o Page 213 of 736 CITY OF WATERLOO, IOWA 205 E 4TH LLC By: Attest: -t7� * By: / UAfd"------ Quentin M. Hart, Mayor Ma aging Member Kelley Felch :, I y Clerk STATE OF IOWA )ss. COUNTY OF BLACK HAWK Name: Oct v,2 10,e e BRITNI C PERKINS COMMISSION NO. 845529 MY COMMISSION EXPIRES JANUARY 27, 2026 On this � day of (fVihtYK— , 202 `�, 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 verfah executed. STATE OF COUNTY OF Subscribed and sworn before me on , by David Deeds as Managing Member of 205 4th LLC. Notary Public Page 214 of 736 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be Tess than Eight Million Dollars ($8,000,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Date Assessor for Black 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. Page 216 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Resolution accepting storm sewer improvements at 1900 W. Ridgeway Avenue, from Casey's General Store. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION The storm sewer improvements have 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 1. 1900 W Ridgeway Page 217 of 736 88 87 87 86 86 85 85 ,73e F.L. 858.61 0 d 0 0 STM #7 T-VLT PROPOSED UNDERGROUND DETENTION SYSTEM SC-740 145 STORMTECH CHAMBERS BASE OF STONE: 860.00 STM #8 0 v 0 n C0 SIDEWALK C L //////////////////////////////////// / 0 0 0 0 0 / / //////////////////////////////////// 0 0 LAJ Diner Sign 0j .1! SIDEWALK //////////////////////////////////// / 0 0 / / //////////////////////////////////// 20' SETBACK 15' PUE 0 0 ❑ w-a o-o O 1- v D_NU a Stop when Hashing Sign WEST RIDGEWAY AVENUE 12" W Aspha/f Surface is G000'Condi/ioa SpeedLim/f= 45M.P.H. CONCRETE APPROACH 8" SAN Station 12" W Slop - - Sign 0 0 12" W T-VLT rO 0 0 STM #9 ST/NTAKE Rim = 864.75 F.L. = 86155 ST/NTAKE Rim = 864.78 F.L. = 861.14 F.L. 860.76 12" W of 0 0 CONNECT TO INTAKE CONSTRUCTED BY OTHERS. 5+00 45M.P.H. Sign D 12" W II III 5+40 8° SAN >O•Concrete Trail Z2. STORM SEWER ST/NTAKE Rim = 866..25 F.L. = 862.59 CONSTRUCTED BY OTHERS 12" W CONCRETE APPROACH GRAVE F.L 86 :5 CONCRETE APPROACH ro SANMH Rim = 86572 F.L. = 856:88 ) 1 1 i PROPOSED GRADE —`! EXISTING � GRADE i —_ 176LF 15" RCP @ 0.50%I _— I � � 249LF15"RCP@ PROPOSED INTAKE BY OTHERS 115LF15" RCP @0.90°/,` STM STM #9 SW-512 SW-501 — SW-512 OFF:0.00 STA:5+40.50 OFF:0.00 TA:1+STA:3+64.04 STA:1RIM:863.00+14.78 OFF:0.00 RIM:864.50 T/C:866.75 FL IN:862.46 15" E FLOUT:862.36 STM #7 15" FES FL 860.1 15" E FL IN:861.48 15" E FLOIN:8 FL 15" W OFF:0.00 STFL OUT:860.03.13 FL 15" W FL 1.38 15" W IN:800.00 FLIN:859.0015"E > -I-- - -- -I -o+ STORM SEWER NOTES: A. STORM SEWER NEEDS TO BE CONSTRUCTED TO CITY OF WATERLOO SPECIFICATIONS. B. ALL STORM SEWER IN THE ROW SHALL BE RCP, UNLESS OTHERWISE APPROVED BY THE CITY OF WATERLOO. C. ALL FLARED END SECTIONS SHALL HAVE FOOTINGS AND APRON GRATES. THE LAST 3 PIPE SECTIONS AND THE FLARED END SECTION ON ALL CULVERTS SHALL BE TIED. ALL STORM SEWER JOINTS SHALL BE WRAPPED WITH ENGINEERING FABRIC. D. THE CONTRACTOR IS RESPONSIBLE FOR REPAIRING ANY FIELD TILE DAMAGED DURING CONSTRUCTION. THE TILE SHOULD BE DIRECTED TO PUBLIC STORM SEWER IF POSSIBLE. THE CONTRACTOR SHALL RECORD THE ELEVATION AND LOCATION OF ALL TILES. E. ALL SUMP SERVICE LINES SHALL HAVE TRACER WIRE. LEGEND: STANDARD SYMBOLS: 0 G D 0 o--■ F.F. 0 MATCH EXISTING ELEVATION GAS METER PARKING SPACE STREET LIGHT POWER POLE LIGHT POLE FINISHED FLOOR CLEANOUT MORE OR LESS FENCE LINE oct FIRE HYDRANT 0 SANITARY SEWER MANHOLE STORM SEWER MANHOLE VALVE 0 G 123.45 TC 123.45 TS 123.45 FL D P XX— XXX — w w G SAN ST UGE/T OH E/T CATV GUTTER ELEVATION TOP OF CURB ELEVATION TOP OF SLAB ELEVATION FLOWLINE ELEVATION DOWNSPOUT PROPOSED UTILITY LINE UTILITY LINE OR PIPE WATER WATER METER GAS SANITARY SEWER STORM SEWER UNDERGROUND ELEC. / TEL. OVERHEAD ELEC. / TEL. CABLE TELEVISION REMOVAL OF PIPE PROPOSED BY OTHERS -30 0 30 60 Scale in Feet 1"=30' ENGINEERING COMPANY Architecture I Engineering I Surveying 2323 Dixon Street, Des Moines, Iowa 50316 I P.O. Box 4626, Des Moines, Iowa 50305 I P: 515 265 8196 CASEY'S GENERAL STORES NEC W. RIDGEWAY AVE. & U.S. HWY. #63 WATERLOO, IOWA BENCHMARK: REVISIONS: COPYRIGHT DATE: SCALE: 1 "=30' LATEST REVISION: 11-01-18 DRAWING NO 18-094 FILE PATH: J:\2018 PROJECTS \18-094- CGS WATERLOO RIDGEWAY & HWY 63\SITE PLAN\SHEET SET \18-094-PPI.DWG C-801 - W RIDGEWAY AVE STORM Page 219 of 736 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Motion to approve Change Order No. 08 with Peterson Contractors, Inc., of Reinbeck, Iowa, for a net increase of $101,242.50, in conjunction with FY 2024 La Porte Road Improvements, Phase I Project, Contract No. 1016, DOT Contract No. STBG-SWAP-8155(760)--SG-07, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Change order is for sanitary sewer work, erosion control matting and changing from Hawthorne trees to Maple trees. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 220 of 736 CJIOWAOOT Form 831240 (12-20) Accounting ID No.(5-digit number): CHANGE ORDER For Local Public Agency Projects Change Order No.:08 No.: 08 Non -Substantial: 7 Nov 20, 2025 Substantial: El Administering Office Concurrence Date Accounting ID No. (5-digit number): Project Number: HDP-8155(775)--71-07 Contract Work Type:PCC Pavement - Grade & Replace Local Public Agency: City of Waterloo Contractor:Peterson Contractors Inc. Date Prepared: November 20, 2025 You are hereby authorized to make the following changes to the contract documents. A - Description of change to be made: Decrease Line Item 1450 SLOPE PROTECTION, WOOD EXCELSIOR MAT by 3,600 Squares in DIV I Add New Line Item 8012 2601-2634110 MULCHING, MECHANICALLY -BONDED FIBER MATRIX to DIV I Remove Line Item 1810 TREES, FURNED AND INSTALLED (WITH WARRANTY) THORNLESS COCKSPUR HAWTHORN Add New Line Item 8013 2611-0000200 TREES, FURNED AND INSTALLED (WITH WARRANTY) Amur Maple to DIV IIII Add New Line Item 8014 2435-0130148 MANHOLE, SANITARY SEWER, SW-301, 48 IN. to DIV III Add New Line Item 8015 2504-0114008 SANITARY SEWER GRAVITY MAIN, TRENCHED, PLYVINYL CHLORIDE PIPE (PVC), 8 IN. to DIV III Add New Line Item 8016 2504-0220000 SANITARY SEWER SERVICE RELOCATION to DIV III Add New Line Item 8017 2554-0204000 WATER SERVICE STUB to DIV III B - Reason for change: Line Items 1450, 8012 - Switching to a mechanically -bonded mulch allows the seeding operations to be accelerated when up against the seeding application dates. There is also a deduction in total cost. Mechanically -bonded mulch will be used north of Highway 20 or Station 166+00. Line Items 1810, 8013 - The City has had issues with the Hawthorn trees on past project and wanted to swap them out with the Amur Maple. Various locations, See I -Sheets. Line Items 8014-8017 - Sanitary sewer main construction was added between Sta. 205+25-208+00 RT in order to avoid proposed storm sewer construction conflicts with existing sanitary sewer services. With the construction of the new main, sanitary services had to be reconnected and water services adjusted out of the conflict zone. C - Settlement for Line Item 1450 Line Item 8012 Line Item 1810 Line Item 8013 Line Item 8014 Line Item 8015 Line Item 8016 Line Item 8017 cost(s) of change as follows with items addressed in Sections F and/or G: - Contract Unit Price - Agreed Unit Price - Contract Unit Price - Agreed Unit Price - Agreed Unit Price - Agreed Unit Price - Agreed Unit Price - Agreed Unit Price D - Justification for cost(s) (See I.M. 6.000, Attachment D, Chapter 2.36, for acceptable justification): Line Item 8012 - The agreed unit price is slightly higher than the weighted average unit price ($4,446.68) when compared to the IDOT Summary of Awarded Unit Prices from Nov. '24 to Oct. '25. The Engineer believes the agreed unit price is justifiable to the average unit prices mostly due to the 10% Prime Contractor markup. Line Item 8013 - The agreed unit price is in range with the contract unit price for Line Item 1790 (Sugar Maple) for a similar species of tree. Line Item 8014 - The agreed unit price is lower than the weighted average unit price ($13,168.90) when compared to the IDOT Summary of Awarded Unit Prices from Nov. '24 to Oct. '25. Line Item 8015 - The agreed unit price is equal to the weighted average unit price ($100.74) when compared to the IDOT Summary of Awarded Unit Prices from Nov. '24 to Oct. '25. Line Item 8016 - The agreed unit price is lower than the weighted average unit price ($6,000) when compared to the IDOT Summary of Awarded Unit Prices from Nov. '24 to Oct. '25. Line Item 8017 - The agreed unit price is higher than the weighted average unit price ($2,136.90) when compared to the IDOT Summary of Awarded Unit Prices from Nov. '24 to Oct. '25. e �n� eer believes the agreed unit price is justifiable to the average unit prices mostly due to the small quantity and the scope of wo&edifficculty to relocate the existing water services. Page 222 of 736 CJIOWADOT Form 831240 (12-20) E - Contract time adjustment: I No Working Days added 7 Working Days added: n Unknown at this time Justification for selection: Page 2of4 Page 223 of 736 &IOWADOT Form 831240 (12-20) Accounting ID No.(5-digit number): Change Order No.:8 F - Items included in contract: Participating For deductions enter as Federal- aid State- aid Line Number Item Description Unit Price .xx Quantity .xxx Amount .xx X 1450 SLOPE PROTECTION, WOOD EXCELSIOR MAT $9.50 -3,600.000 -$34,200.00 X 1810 TREES, FURNED AND INSTALLED (WITH WARRANTY) THORNLESS COCKSPUR HAWTHORN $415.00 -11.000 -$4,565.00 Add Row G - Items not included in contract: Delete Row TOTAL -$38,765.00 Participating For deductions enter as Federal- aid State- aid Change Number Item Number Item Description Unit Price .xx Quantity .xxx Amount .xx X 8012 2601-2634110 MULCHING, MECHANICALLY -BONDED FIBER MATRIX $4,950.00 10.000 $49,500.00 X 8013 2611-0000200 TREES, FURNED AND INSTALLED (WITH WARRANTY) Amur MapIE $577.50 11.000 $6,352.50 X 8014 2435-0130148 MANHOLE, SANITARY SEWER, SW-301, 48 IN. $8,625.00 2.000 $17,250.00 X 8015 2504-0114008 SANITARY SEWER GRAVITY MAIN, TRENCHED, PLYVINYL CHLORIDE PIPE (PVC), 8 IN. $103.25 340.000 $35,105.00 X 8016 2504-0220000 SANITARY SEWER SERVICE RELOCATION $3,850.00 4.000 $15,400.00 X 8017 2554-0204000 WATER SERVICE STUB $4,100.00 4.000 $16,400.00 Add Row Delete Row Page 3 of 4 TOTAL $140,007.50 Page 224 of 736 [CIOWADOT H. Signatures Signatures will be applied through DocExpress. Page 4 of 4 Page 225 of 736 •A • • IIEDT NURSERY, LTD. Maar .2419 E. BREMER AVENUE •t •WAVERLY, IOWA 50677� 352-0ia D7TE:/2025 BID ORDER .01 PROJECT HDP-8155(775--71-07 COUNTY Black Hawk 41QTT DESCRwOr UST UNIT ,CE411%OT1 Hydromulch, Mechanically C Bonded Fiber Matrix(Flexterra) - MD Mill Page 226 of 736 Hemann, Tony From: Chris Fleshner <CFleshner@pcius.com> Sent: Wednesday, October 1, 2025 9:23 AM To: Hemann, Tony Cc: Dunakey, Matt Subject: FW: La Porte Road Attachments: BH 101 Flexterra.pdf This Message Is From an External Sender This message came from outside your organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report Suspicious Here is the pricing that you requested. You will have to add 10% to this price for Prime Contractor Markup. Chris laNattrm DDI11R�1CZ�R5 Chris Fleshner Peterson Contractors, Inc. PO Box A, Reinbeck, Iowa 50669 W: 319-788-4722 1 M: 319-415-5212 CFleshner@pcius.com I pcius.com From: Mike Loftsgard <mloftsgard.tnursery@gmail.com> Sent: Wednesday, October 1, 2025 7:55 AM To: Chris Fleshner <CFleshner@pcius.com> Subject: La Porte Road Hello Chris, I attached pricing to switch the slope protection matting to Flexterra hydromulch. Could you pass this on to Tony with Aecom asap? Sounds like they are on board with the change. Thank You, Mike Loftsgard Project Manager Tiedt Nursery 1 Page 227 of 736 VIitS%1 PETERSON CONTRACTORS, INC. 4, ZR[I-M5C EXTRA WORK AUTHORIZATIONA REIIIBEci{ • 10w4 PO Box A Phone: 319-345-2713 Reinbeck, Iowa 50669 Fax: 319-345-2991 www.petersoncontractors.com Project Name: Laporte Road Reconstruction PCI Job # J24265 Date: 10/27/25 Extra Work Autorization # Remarks or Description of Extra Work: Below is pricing for Trees that Tiedt Nursery says you requested. Item # Description Quantity Units Base Unit Rate % Mark Up %Discount Adjusted Unit Rate Total Amount *** Amur Maple 11.00 EA $525.00 10.00% 0.00% $577.50 $6,352.50 *** Cervoce Derry 11.00 EA 10.00% 0.00°% $510.00 $561.00 $6,171.00 It was decided to go with the Amur Maple o.00% o.00% $o.00 $0.00 - Tony Hemann 11.20.25 o.00% o.00% $o.00 $0.00 o.00% o.00% $o.00 $o.00 o.00% o.00% $o.00 $o.00 o.00% o.00% $0.00 $o.00 o.00% o.00% $0.00 $o.00 o.00% o.00% $0.00 $o.00 o.00% o.00% $0.00 $o.00 $12,523.50 The work covered by this authorization shall be performed in accordance with the same terms and conditions as included in the original contract. Work Authorized and Changes Approved by: Prime Contractor or Owner: Peterson Contractors, Inc. By: By: Chris Fleshner Title: Date: Date: 10/27/2025 Page 228 of 736 DATE: 10/27/2025 TIEDT \URSERY, LTD. 2419 E. BRE vlER AVENUE WAVERLY, IOWA 50677 PHONE (319) 352-0418 FAX (319) 352-0400 BID ORDER 101 PROJECT HDP-8155(775)--71-07 COUNTY Black Hawk QTY DESCRIPTION UNIT UNIT PRICE TOTAL 11 Amur Maple 11 Serviceberry EA $525.00 $5,775.00 EA $510.00 $5,610.00 Page 229 of 736 Vial M t5 ZR[IC REIIIBEci{ • 10w4 PO Box A Phone: 319-345-2713 Reinbeck, Iowa 50669 Fax: 319-345-2991 PETERSON CONTRACTORS, INC. EXTRA WORK AUTHORIZATIONA 4, www.petersoncontractors.com Project Name: Date: PCI Job # Extra Work Autorization # LaPorte Road Reconstruction - Waterloo, IA J24265 1 1 /19/25 Remarks or Description of Extra Work: Below is the pricing to install the Sanitary Sewer, Manholes, & Services, as well as the Water Services from Station 205+25 thru 208+12.5. Item # Description Quantity Units Base Unit Rate % Mark Up % Discount Adjusted Unit Rate Total Amount 1 8" Sanitary Sewer Installation 340.00 LF $103.25 0.00% 0.00% $103.25 $35,105.00 2 SW-301 Manhole 2.00 EA $8,625.00 0.00% 0.00% $8,625.00 $17,250.00 3 Sanitary Sewer Services 4.00 EA $3,850.00 0.00% 0.00% $3,850.00 $15,400.00 4 Water Services 4.00 EA $4,100.00 0.00% 0.00% $4,100.00 $16,400.00 0.00% 0.00% $0.00 $0.00 0.00% 0.00% $0.00 $0.00 0.00% 0.00% $0.00 $0.00 0.00% 0.00% $0.00 $0.00 0.00% 0.00% $0.00 $0.00 0.00% 0.00% $0.00 $0.00 The work covered by this authorization shall be performed in accordance with the same terms and conditions as included in the original contract. $84,155.00 Work Authorized and Changes Approved by: Prime Contractor or Owner: Peterson Contractors, Inc. By: By: Chris Fleshner Title: Date: Date: 11/19/2025 Page 230 of 736 \ I�I in -1 20 H CEP ,- CONTRACTOR TO VERIFY WATER i // MAIN DEPTH AT TIME OF CONSTRUCTION. / / LOWER WATERMAIN AS NEED TO MEET aA // / MINIMUM CLEARANCE REQUIREMENTS. 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ENGLISH DESIGN TEAM AECOM I CITY OF WATERLOO COUNTY PROJECT NUMBER HDP-8155(775)--71-07 SHEET NUMBER M. 15 REVISED 10/08/25 8:30:11 AM ■ Cam& 10/8/2025 anthony.hemanpw:\\aecom-na-pw.bentley.com:AECOMDS20NA2019\Documents\60622689-La Porte Rd -Hess Rd Phase I\900-CAD GIS\910CAD\Design\-SegmentA1-(775&776)\CADDFiles\SheetFiles\M01LaPorte Road(775&776).dgn Page 231 of 736 [Oil1I•-1.7a1771i7igetnu1nruu MiiIlt1.1u'57FIXOI11114:01.J'111111tiii1ni6nm7THDRUMiiixIFTiet w Irm111M7N I — - — - -Sa CONTRACTOR TO VERIFY WATER MAIN DEPTH AT TIME OF CONSTRUCTION. I San.(B) LOWER WATERMAIN AS NEED TO MEET MINIMUM CLEARANCE REQUIREMENTS. _ _ _ _ _ - San.(B) - - - — - CONNECT EXIST. 6" PIPE. 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CD I�� — — _(BL.L — —� „ — m .�\ — — �fl -� n^— IV Co 1 1 (I-721A ) V L _ ISM I r•. -�. � UBnRA N �- �1 a W i SERVICE CONNECTION a — ° P o �5 SERVICE CONNECTION L o — — �� — — emu s �� ' *0 06- a I � PROPOSED 700 (PLOTTED SURFACE ABOVE SERIES SYSTEM 15' UP) 1 717 1-721 — 1-726- — - I 726A - — _ — Th- - / _ 860 / / \ N I-721A 860 ‘` / 1718A F -718 18" @ 1.00% I-717A P-718A 18' 1.00% P-726 18" @ 0.90% -726A 18" @ N m P-721A 18' SoP@ ep ?zblope = p@ 12.6: 855 °o 855 ---- — r - a 00 71117A - - - - 18" @ 1.00% — VI+1 EbV +40.00 1- 848.55 @ 1 6fl% PROPOSED SURFACE ABOVE 700 LOSERIES TTED 15 SYSTEM 850 I 1- w Lr�a>l) KI67 a 6' 850 PROPOSED LA PORTE PROFIL' % 0 y. �T I-717 EXISTING GROUND PROFILE 1119— - — - — - — - — _ -.).— e I 721 "------ — . _ — — _- ^fig t — — ——+0.58% _ — — — — — — — — �-- — --- — —_ —_ __—_ ° Ditch Gra• — 845 — — 1L5 , +0.58°G — — v_ - +00.00 - ° 17 /o LT +2. _ - �itcV�Gr a�-= - _ _ _ _ - - -� +1�% RT Dit Grade - - - - - - - - - - - - _ - LT 32 � - 46°�'' ^��� 0a LLT ppitep 1tLR G�zte Grade +1_56% - -- LT 845 -O.SO% 0.40%2I LT Dit Di GL�Q)e=�4b.37- •. a t�Z5U.II0 - - - e +0_86% R] -O'1Tt11 6_° - - - - --CT 077 848.05 0 m O - RT 13+19 849.18 0 rn 0 t K = 139 co0D RT +53 .,' .. 1 8g608 LT +40 �II N 03 P 721 24" 0.40% 845 93 8 / 1 P-719 24" @ 0.40% 845.45 II II @ ry- iI 840 # a _1 P-722 15" @ 0.91% 8: 5 P-717 3. w • 8" SANITARY @ 0.40% 1-719 1_,-'a= I-720--------- _ 8 SITARY SUPPORT @ 0.40% PER M.21 > Li, - 835 7.I 1 Jo 1 80" f - _ — ��......,..w_w_....�- P-7218 6" @ 0.47% 8:0 PROPOSED SURFACE ABOVE 700 SERIES SYSTEM (PLOTTED 5' DOWN) 830 8: m 1� g 00 n 4co W 0) co O w `rm In O— m m V Ol m V II) N Oro �m co m 1I) co O 01- co Oro m 03 V N cn N 03 m co m N co m01- N Nr, N 06 �m 0 n 0 CO CO cci n In 1� N 10 O ul 825 206+00 207+00 208+00 209+00 210+00 211+00 FILE NO. ENGLISH DESIGN TEAM AECOM I CITY OF WATERLOO COUNTY PROJECT NUMBER HDP-8155(775)--71-07 I SHEET NUMBER M.16 I REVISED 10/08/25 8:27:10 AM 10/8/2025 anthony.hemanpw:\\aecom-na-pw.bentley.com:AECOMDS20NA2019\Documents\60622689-La Porte Rd -Hess Rd Phase I\900-CAD GIS\910-CAD\Design\_Segment-A1_(775&776)\CADD-Files\Sheet-Files\Mo1- LaPorte -Road -(775&776).dgn Page 232 of 736 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 December 1, 2025 AGENDA ITEM TITLE Motion to approve Change Order No. 10 with Woodruff Construction of Waterloo, Iowa, for a total decrease of $114,745.87, in conjunction with the FY 2023 Gates Park Improvements Project, Contract No. 1076, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION • approve Change Order No. 10 with Woodruff Construction of Waterloo, Iowa, for a total decrease of ($114,745.87). SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES 2030 Vision and Strategic Plan #7 Sportstown USA: Quality of Life IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 233 of 736 ATTACHMENTS 1. Change Order #10 - Contractor Signed Page 234 of 736 CHANGE ORDER NO. 10 Owner City of Waterloo Date 11/5/2025 Project Gates Park Improvements Project Owner's Contract No. 1076 Contractor: Woodruff Construction Date of Contact Start 5/30/2023 Contract Amount: $ 9,362,172.81 You are directed to make the following changes In the Contract Documents. Description: 2 Topsoil, Contractor Provided $ 26.37 /CY x -7085 CY $ (186,831.45) 4 Excavation, Class 10 $ 7.49 /CY x 246 CY $ 1,842.54 5 Subgrade Preparation, 61N. $ 2.10 /SY x -1069 Sy $ (2,244.90) 6 Subbase, Modified 4 IN $ 6.19 /SY x 107.7 5Y $ 666.66 7 Subbase, Modified 61N $ 7.74 /5Y x 382 5Y $ 2,956.68 9 Sanitary Sewer Service, 6IN, PVC $ 64.73 /IF x -158 LF $ (10,227.34) 11 Sanitary Sewer Cleanout $ 1,258.33 /EA x 2 EA $ 2,516.66 12 Storrn Sewer, Trenched, RCP, Class III, 12 IN $ 69.52 /LF x 25 IF $ 1,738.00 13 Storm Sewer, Trenched, RCP, Class III, 151N $ 73.12 /LF x 25 LF $ 1,828.00 19 RCP Apron Footings 4030.221 $ 248.71 /EA x -2 EA $ (497.42) 21 Subdraln, Nonperforated Plastic Pipe, 61N. DIA $ 15.57 /1F 63 LF $ 980.91 22 Subdraln, 6 IN. DIA. Type SP $ 15.58 /LF -1113 IF $ (17,340.54) 23 Subdraln Outlets, 4040.233 $ 419.59 /EA x 1 EA $ 419.59 2fi Water Service, 1.5 IN. Copper $ 43.21 /LF x -2 LF $ (86.42) 28 Water Service, 3111 Copper $ 125.86 /IF 17 LE $ 2,139.62 34 Storm Sewer Structure Adjustment, Minor $ 2,817.01 /EA x 1 EA $ 2,817.01 35 Storm Sewer Manhole Adjustment, Major $ 7,311.80 /EA x 1EA $ 7,311.80 36 Sanitary Server Manhole Adjustment, Major $ 4,914.23 /EA x -1 EA $ (4,914.23) 37 Removals, Manhole or intake $ 1,498.26 /EA x 3 EA $ 4,494.78 38 PCC Pavement, Class C, Class 3 Durability, 71N $ 55.75 /SY x 332.3 SY $ 18,525.73 40 PCC Pavement, Class C, Class 3 Durability, 61N Pool and Play Area Deck Paving. $ 47.05 /SY x 90 SY $ 4,234.50 41 Curb and Gutter, Standard, 6 IN. $ 38.06 /IF 19 LF $ 723.14 42 HMA Pavement Overlay, 31N. $ 32.00/SV x 36 SY $ 1,152.00 43 Removal of Sidewalk $ 7.20 /SY x 21.6 SY $ 155.52 44 PCC Pavement, Class C, 61N. PCC Recreational Trail $ 47.35 /SY x 53.8 5Y $ 2,547.43 45 PCC Pavement, Class C, 5 IN. PCC Sidewalk $ 43.15 /SY x -39.6 5Y $ (1,708.74) 47 PCC Pavement, Driveways, Class C, Class 3 Durability, 61N. $ 50.34 /SY x 14 SY $ 704.76 48 Removal of Granular Surfacing Material $ 1.20 /SY x -4792.2 SY $ (5,750.64) 49 Class A Roadstone $ 38.96 /TON x 311.2 TON $ 12,124.35 50 Removal of Pavement $ 7.79 /SY x -510.1 SY $ (3,973.68) 52 Removal of Curb and Gutter $ 13.19 /1F x 81 IF $ 1,068.39 53 Removal of flume $ 3.60 /Lf x 78 LF $ 280.80 61 Seeding, fertilizing, and Mulching for Hydro -Seeding, Type 1 $ 4,794.63 /I ACRE x -1.9 ACRE $ (9,109.80) 63 Seeding, Fertilizing, and Mulching for Hydro -Seeding, Type 4 $ 2,996.63 /I ACRE x -5.7 ACRE $ (17,080.79) 64 Temporary Rolled Erosion Control Products (RECP), Type 2 $ 1.56 /SY x -1309.8 5Y $ (2,043.29) 65 Perimeter and Slope Sediment Control Device, 91N $ 2.10 /IF -3687 IF $ (7,742.70) 66 Removal of Perimeter and Slope Sediment Control Device $ 0.18 /LF x -3687 IF $ (663.66) 67 Revetment, Class E Rip Rap Apron $ 113.92 /TON x -10 TON $ (1,139.20) 68 Turf Reinforcement Mats $ 59.93 /SQ x -144 SQ $ (8,629.92) 69 Sediment Basin Dewatering Device (Perforated Riser) $ 1,597.57 /EA x 1 EA $ 1,597.57 70 Silt Fence or Silt Fence Ditch Check, Installation $ 2.10 /LE x -144 LF $ (302.40) 715ilt Fence or Silt Fence Ditch Check, Removal of Sediment $ 119.83 /EA x -11 EA $ (1,318.13) 72 Silt Fence or Silt Fence Ditch Check, Removal of Device $ 0.12 /LF x -144 IF $ (17.28) 75 Temorary Fencing $ 7.52 /LF x 953.5 LF $ 7,170.32 78 Rosetta Stone Retaining Wall $ 105.48 /SF x 130 SF $ 13,712.40 81 Open -Throat Curb Intake Sediment Filter $ 209.72 /EA x -3 EA $ (629.16) 82 Maintenance of Open -Throat Curb Intake Sediment Filter $ 30.04 /EA -7 EA $ (210.28) 83 Removal of Open -Throat Curb Intake Sediement Filter $ 30.04 /EA -3 EA $ (90.12) 84 Intake Protection, Sediment Control Device, 91N. $ 119.85 /EA x -11 EA $ (1,318.35) 85 Maintenance of Intake Protection, Sediment Control Device $ 29.99 /EA x -25 EA $ (749.75) 86 Removal of intake Protection, Sediment Control Device $ 29.99 /EA x -11 EA 5 (329.89) 87 Grate Intake Sediment Filter Bag $ 239.76 /EA x -10 EA $ (2,397.60) 88 Maintenance of Grate Intake Sediment Filter Bag $ 29.93 /EA x -10 EA $ (299.30) 89 Removal of Grate Intake Sediment Filter Bag $ 29.93 /EA x -10 EA $ (299.30) 112 Gravel for Playground Turf Safety Surfacing $ 2.40 /5F x-579.65F $ (1,391.04) 113 Concrete Base for Sloped Turf Surfacing $ 23.67 /5F x 392.6 SF $ 9,292.84 116 Basketball Court Staining $ 7.18 /5F x -1425 SF $ (10,231.50) 117 Basketball Court Line Painting $ 959.03 /EA x -0.3 EA $ (287.71) 123 Steel Bed Edging $ 13.18 /LF v 37 IF $ 487.66 124 Plant Bed Preparation $ 0.99 /SF x 1544 SF $ 1,528.56 125 Wood Mulch for Plant Beds $ 0.85 /SF x 1545 SF $ 1,313.25 126 Washed Septic Rock Mulch and Weed Barrier Fabric $ 2.27 /SF x 211.6 SF $ 480.33 146 Engineering Fabric $ 2.25 /SY x 2507 SY $ 5,640.75 10-1 6' Black Coated Chain Link Fence $ 25.05 /LF x 1400 SY $ 35,070.00 10-2 Amphitheatre Detention Outlet $ 32,274.00 /L5 x 1 LS $ 32,274.00 10-3 Pump Motor GFCI Protection Updated $ 5,314.10 /LS x 1 LS $ 5,314.10 TOTAL ADDITIONS $ (114,745.87) Reason for Change Order Quantity adjustments based off of field conditions and measurements. 10-1 Chain link fence was added between Gates Park and Gates Golf Course. Cost Included a 12' swinging gate. 10-2 Existing detention outlet Is causing erosion and standing water. New outlet will be direcitonally bored In the Donald Street ditch to Virden Creek. Pricing also Includes clean up and restoration of the eroded hillside. 10-3 The GFCI that was Installed In May 2025 did not cooperate with the VFD controller and kept tripping the protection equipment. This new GFCI protection module with the Lifeguard LG2 Series Is the replacement. CONTRACT PRICE Original: Previous C.0.5 (ADD/DEDUCT) This C.O. (ADD/DEDUCT) Contract Price with all approved Change Orders: CONTRACT TIME To Substantial To Final Completion Completion $ 9,362,172.81 Original Working Days 2401 240i $ (1,165,361.68) $ (114,745.87) Revised Working Days: - �- $ 8,082,065.26 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: RV: Owner (Authorised Signature) ACCEPTED:aessfi BY: C 161 o zed ature) CCEPTED: BY: AECOM Date Date / 11 /5/25 Date AECOM 60672429 I 10 Project No. CO. No. Page 235 of 736 WOODRUFF CONSTRUCTION 1 00`I� Employee Owned 1717 Falls Avenue l Waterloo, IA 50701 Ph; (319) 233-3349 Fax: (319) 233-3369 3/5/2025 Anthony Hemann AECOM 501 Sycamore St. #222 Waterloo, IA 50703 RE: FY 2023 Gates Park Improvements 820 E Donald St. Waterloo, IA 50703 SUBJ: Potential Change Order #055 — Gates Park Chain Link Fence Dear Mr. Hemann, Per correspondence with the city, we are proposing the following for the project: • Install roughly 1400 LF of black coated chain link fence between the golf course and Gates Park. Layout plan attached. Install chain link fence (quote attached) = $ 31,875.02 GC Markup (10%) = $ 3,187.50 Total = $ 35,062.52 Your written approval is required by (3/12/2025) When this potential change order is signed by the Owner and a copy is returned to the contractor, approval of change(s) is effective IMMEDIATELY and we will proceed with the change(s) described above. Approved changes will be included in a future contract change order. If you require additional clarification, please contact me. Thank you for your prompt response. Sincerely, WOODRUFF CONSTRUCTION, INC. Will McAllister Project Manager cc: File Owner Approval / Date Architect Approval / Date NM Page 236 of 736 ITEMIZED ESTIMATE BILL TO: SHIP TO: WATERLOO LEISURE SERVICES 1101 CAMPBELL AVE WATERLOO, IOWA 50701 WATERLOO LEISURE SERVICES TRAVIS NICHOLS GATES PARK WATERLOO, IOWA 50703 6' HIGH BLACK COMMERCIAL CHAIN LINK FENCE WITH TOPRAIL, TERMINALS BRACED & TRUSSED AND BOTTOM TENSION WIRE. TERMINAL POSTS SET IN CONCRETE FOOTINGS, INTERMEDIATE POSTS TO BE DRIVEN IN. QTY. SOURCE # ITEM 1450 NONE 486022 6' KK 2" X 9 GA. CORE BLACK FUSEBOND CHAIN LINK FABRIC /FT @ 7.66 = 1533 NONE 675132 1 5/8" CQ-20 BLACK SPECTRA SWEDGE END PIPE TOP RAIL & BRACING /FT @ 2.62 = 2 NONE 695832 2 7/8" X 10' BLACK SPECTRA DQ-40 PIPE GATE POST /EA @ 80.11 = 4 NONE 675902 2 7/8" X 10' BLACK SPECTRA CQ-20 PIPE POST /EA @ 58.07 = 142 NONE 675832 2 3/8" X 10'6" BLACK SPECTRA CQ-20 PIPE LINE POST /EA @ 43.33 = 32 NONE 600852 2 7/8" BLACK SPECTRA BRACE BAND /EA @ 1.43 = 8 NONE 800842 2 3/8" BLACK SPECTRA BRACE BAND /EA @ 1.27 = 40 NONE 600052 2 7/8" BLACK SPECTRA TENSION BAND /EA @ 1.27 = 16 NONE 606912 1 5/8" BLACK SPECTRA PRESSED STEEL RAIL -END /EA @ 2.18 = 8 NONE 1 5/8" BLACK SPECTRA PRESSED STEEL 2 HOLE RAIL -END /EA @ 3.42 = 8 NONE 609342 70" BLACK SPECTRA TENSION BAR /EA @ 12.63 = 142 NONE 603932 2 3/8" X 1 5/8" BLACK SPECTRA PRESSED STEEL EYE -TOP /EA @ 3.70 = 6 NONE 602402 2 7/8" BLACK SPECTRA DOME CAP /EA @ 2.18 = 800 NONE 625742 8 1/4" 9 GA. CORE ALUMINUM COLOR VINYL COATED TIE WIRE /ea @ .46 = 800 NONE 625772 6 1/2" 9 GA. CORE ALUMINUM COLOR VINYL COATED TIE WIRE /ea @ .25 = 80 10701 5/16" X 1 1/4" CARRIAGE BOLT @ .18 /Ea = 2 62606? COLOR TOUCH UP PAINT @ 9.31 /Ea. = 8 NONE 607782 12' BLACK SPECTRA TRUSS ROD /EA @ 18.63 = 8 NONE 607612 5 3/4" X 1" BLACK SPECTRA TRUSS ROD TIGHTENER /EA @ 3.02 = 2 NONE 480602 BLACK COIL SPRING TENSION WIRE /ROLL @ 213.33 = 750 00803 9 GA. STANLEY HOG RING @ .092 /Ea. = 1 NONE CONCRETE /LS @ 301.50 = 1 NONE 12' OPENING X 6' HT BLACK SPECTRA COMMERCIAL 1 5/8" PIPE FRAME DOUBLE SWING GATE /EA @ 887.67 = 1 NONE 017325 1 5/8" OR 1 7/8" BLACK SPECTRA STRONG ARM COMMERCIAL DOUBLE DRIVE GATE LATCH @ 88.86 = 4 NONE 610662 2 7/8" X 1 5/8" OR 1 7/8" BLACK SPECTRA PRESSED STEEL BULL DOG HINGE /EA @ 17.49 = MATERIALS TOTAL: LABOR TOTAL: TOTAL: AMOUNT 11107.00 4016.46 160.22 232.28 6152.86 45.76 10.16 50.80 34.88 27.36 101.04 525.40 13.08 368.00 200.00 14.40 18.62 149.04 24.16 426.66 69.00 301.50 887.67 88.86 69.96 $ 25095.17 6779.85 $ 31875.02 Miller Fence & Flag Co., Inc. WLSGATES-BLACK.JSO 03/04/2025 Page 237 of 736 MEW imm&D.ON.9.1AST•iilmitp - • 1F-t--11 • • ' 7-• .r, _ minagr'' • PROXIMATELY 1400' • ONTINUOUS CHAIN LINK FENCE WITH (1) 12' SWINGING GATE. fr • • n. •1 APPROXIMATE GATE LOCATION • Page 238 of 736 WOODRUFF CONSTRUCTION 100% Employee Owned 1717 Falls Avenue I Waterloo, IA 50701 Ph: [319] 233-3349 Fax: [319] 233-3369 8/21/2025 REV1 11/5/2025 Anthony Hemann AECOM 501 Sycamore St. #222 Waterloo, IA 50703 RE: FY 2023 Gates Park Improvements 820 E Donald St. Waterloo, IA 50703 SUBJ: Potential Change Order #057 — Directional Bore East of Amphitheater Parking Lot REV1 Dear Mr. Hemann, Per correspondence with the city, we are proposing the following for the project: • Directional bore per the attached documents • Clean up eroded soils • Reseed areas disturbed Directional Bore (quote attached) = $ 26,140.00 Regrade and reseed (quote attached) = $ 3,200.00 GC Markup (10%) = $ 2,934.00 Total = $ 32,274.00 Your written approval is required by (9/1/2025) When this potential change order is signed by the Owner and a copy is returned to the contractor, approval of change(s) is effective IMMEDIATELY and we will proceed with the change(s) described above. Approved changes will be included in a future contract change order. If you require additional clarification, please contact me. Thank you for your prompt response. Sincerely, WOODRUFF CONSTRUCTION, INC. Will McAllister Project Manager cc: File Owner Approval / Date Architect Approval / Date ■■ Page 239 of 736 Hoffman & Hoffman Trenching Inc. PO Box 866 Cedar Fa11s,IA IA 50613-0040 frliagiaMICA hd:l ►1 I►i Waterloo, Iowa Estimate Date Estimate # 8/8/2025 390 Name / Address Phone # Email City of Waterloo (319) 232-4807 (319)232-1602 Fax hoffmantrenching@gmail.com Project Number P.O. No. Gates Park Sub Drain Description Qty Rate Total Directional Bore 6" hdpe 6" IPS DR 17 520 24.00 12,480.00 Excavation or Directional bore into Retention area to tie on to higginbottom 80 24.00 1,920.00 Hdpe 6" IPS DR17 600 7.90 4,740.00 Fuse Hdpe Pipe 1 1,000.00 1,000.00 Tracer wire to be able to locate line if needed. 600 0.70 420.00 Directional Bore addtionaI Footage 200 20.00 4,000.00 Hdpe 200 7.90 1,580.00 Thank you. Total $26,140.00 Page 240 of 736 Will McAllister From: John Senn <john@lodgeconstructioninc.com> Sent: Wednesday, August 20, 2025 9:40 AM To: Will McAllister Subject: External: gates park Will Looks like I will have to haul a load of sand out and bring in a load or 2 of topsoil. Cost for this work, mobilization, and material $2,500 Also I would recommend putting some matting and seed down right after we place the topsoil. If you would like lodge to seed and mat the areas please add $700 Please let me know if you have any questions. Thanks PLEASE NOTE OUR MAILING ADDRESS HAS RECENTLY CHANGED John Senn - Estimator Lodge Construction, Inc. 117 W Prospect St. P.O. Box 660 Shell Rock, IA 50670 Cell: 319-290-5767 Main: 319-885-4380 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. i Page 241 of 736 Will McAllister From: Hemann, Tony <anthony.hemann@aecom.com> Sent: Wednesday, October 29, 2025 2:14 PM To: Will McAllister Subject: RE: External: gates park Attachments: Gates Park Revised Estimate.pdf Hey Will, Could you send me a revised PCO #57 for the directional bore being done by Hoffman? We are adding 200 LF of subdrain to bore and Hoffman's revised pricing is attached. Once you get this back to me, I will update Change Order #10. Let me know if you have any questions. Thanks, Tony Hemann, PE Civil Engineer, Transportation 641-330-5478 anthony.hemann@aecom.com From: Will McAllister <willm@woodruff.build> Sent: Thursday, August 21, 2025 3:31 PM To: Hemann, Tony <anthony.hemann@aecom.com> Subject: RE: External: gates park Here are the quotes for the directional boring and GFCI Thanks, Will McAllister I Project Manager Employee Owner Woodruff Construction Office: 319-545-2410 Cell: 319-493-9788 From: Hemann, Tony <anthony.hemann@aecom.com> Sent: Thursday, August 21, 2025 8:58 AM To: Will McAllister <willm@woodruff.build> Subject: RE: External: gates park Hey Will, Travis got back to me, they are okay with adding Lodge's work to the project, both the cleanup and the re- establishment. i Page 242 of 736 INSTALL 90 LF OF 6" TILE EXIST HIGGENBOTTOM INV. ELEV. 883.50 DONALD STREET i INSTALL 700 LF OF 6" TILE GATES PARK GOLF COURSE H�, k�� r wi - • k'U Last 10' to be CMP outlet with Rodent Guard - _ aI •.': r 70 - r . {. • • Page 243 of 736 WOODRUFF CONSTRUCTION 414 100% Employee Owned 1717 Falls Avenue I Waterloo, IA 50701 Ph: (319) 233-3349 Fax: (319) 233-3369 8/21/2025 Anthony Hemann AECOM 501 Sycamore St. #222 Waterloo, IA 50703 RE: FY 2023 Gates Park Improvements 820 E Donald St. Waterloo, IA 50703 SUBJ: Potential Change Order #058 — Gates Park Pump Motor GFI Protection Updated Dear Mr. Hemann, Per correspondence with the city, we are proposing the following for the project: • Install GFCI protection module with the Lifeguard LG2 Series to replace the module that was installed in May 2025 that did not cooperate with the VFD controller and kept tripping the protection equipment Install GFI (quote attached) = $ 4,831.00 GC Markup (10%) = $ 483.10 Total = $ 5,314.10 Your written approval is required by (9/1/2025) When this potential change order is signed by the Owner and a copy is returned to the contractor, approval of change(s) is effective IMMEDIATELY and we will proceed with the change(s) described above. Approved changes will be included in a future contract change order. If you require additional clarification, please contact me. Thank you for your prompt response. Sincerely, WOODRUFF CONSTRUCTION, INC. Will McAllister Project Manager cc: File Owner Approval / Date Architect Approval / Date MN Page 244 of 736 LJECTLIIC9 EH©. 1127 Lincoln St. PO Box 967 CedarFalls,IA50613 0: 319.277.0415 C: 319.269.3844 E: bdevries@k-welectric.com W: www.k-welectric.com Date: August 21, 2025 Company: Woodruff Construction Attention: Will RE: Gates Park PR#16 Will, We propose to replace the GFCI protection module with the Lifeguard LG2 series for $4,831.00. The breakdown is as follows: Material: $4,111.00 Labor: $ 720.00 TOTAL: The unit provided is 4X polycarbonate unit. If you have any questions, please call. $4,831.00 Brian DeVries Estimator/Project Manager Page 245 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Chad Coon, General Manager Water Works Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Motion to receive and place on file the 2024 Audit of the Waterloo Water Works. 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. 18627WWW 12-31-24 Page 246 of 736 WATERLOO WATER WORKS WATERLOO, IOWA DECEMBER 31, 2024 Page 247 of 736 Table of Contents Officials 1 Independent Auditor's Report 2-4 Management's Discussion and Analysis 5-8 Financial Statements Statements of Net Position 9 Statements of Revenue, Expenses and Changes in Net Position 10 Statements of Cash Flows 11 Statement of Fiduciary Net Position - Pension Trust Fund 12 Statement of Changes in Fiduciary Net Position - Pension Trust Fund 13 Notes to the Financial Statements 14-28 Required Supplementary Information Schedule of Contributions - Waterloo Water Works Pension Plan 29 Schedule of Changes in Net Pension (Asset) Liability and Related Ratios - Waterloo Water Works Pension Plan 30 Notes to Required Supplementary Information - Pension Liability - Waterloo Water Works Pension Plan 31 Schedule of Proportionate Share of the Net Pension Liability - Iowa Public Employees' Retirement System 32 Schedule of Contributions - Iowa Public Employees' Retirement System 33 Notes to Required Supplementary Information - Pension Liability - Iowa Public Employees' Retirement System 34 Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards 35-36 Schedule of Findings 37-38 Page 248 of 736 Officials Name Title Term Expires Mary Potter Chair - Board of Trustees January 12, 2028 Scott Wienands Vice -Chair - Board of Trustees February 3, 2026 Thomas Wall Trustee May 13, 2025 Chad Coon Secretary, Treasurer and General Manager Indefinite Rick Wilberding Assistant General Manager Indefinite Cassie Dufel Assistant Treasurer and Office Manager Indefinite 1 Page 249 of 736 HOGAN• HANSEN A Professional Corporation Certified Public Accountants and Consultants Independent Auditor's Report Board of Trustees Waterloo Water Works Waterloo, Iowa Report on the Audit of the Financial Statements Opinions We have audited the accompanying financial statements of the Waterloo Water Works, a component unit of the City of Waterloo, Iowa, as of and for the years ended December 31, 2024 and 2023, and the related notes to the financial statements, which collectively comprise the Waterloo Water Works' basic financial statements as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the Waterloo Water Works, as of December 31, 2024 and 2023, and the respective changes in financial position and cash flows thereof for the years then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audits in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the Waterloo Water Works and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audits. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Waterloo Water Works' ability to continue as a going concern for 12 months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter. 3128 Brockway Road, Waterloo, IA 50701-5103 • (319) 233-5225 • Fax (319) 233-3188 • E-Mail w@hoganhansen.com Member of American Institute of CPAs - Iowa Society of CPAs Ames • Ankeny • Cedar Rapids • Mason City • Waterloo 2 Page 250 of 736 Board of Trustees Waterloo Water Works Page 2 Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with generally accepted auditing standards and Government Auditing Standards, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Waterloo Water Works' internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Waterloo Water Works' ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings and certain internal control -related matters that we identified during the audit. Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis, the schedule of contributions - Waterloo Water Works Pension Plan, the schedule of changes in net pension liability and related ratios - Waterloo Water Works Pension Plan, the schedule of the proportionate share of the net pension liability - Iowa Public Employees' Retirement System and the schedule of contributions - Iowa Public Employees' Retirement System on pages 5 through 8 and 29 through 34 be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. We 3 Page 251 of 736 Board of Trustees Waterloo Water Works Page 3 have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated June 13, 2025 on our consideration of the Waterloo Water Works' internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Waterloo Water Works' internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering Waterloo Water Works' internal control over financial reporting and compliance. 460 -. Ala 0 HOGAN - HANSEN Waterloo, Iowa June 13, 2025 4 Page 252 of 736 Waterloo Water Works Management's Discussion and Analysis December 31, 2024 The Waterloo Water Works' (Utility) discussion and analysis is designed to offer readers of the Utility's financial statements a narrative overview and analysis of the financial activities of the Utility for the years ended December 31, 2024 and 2023. Readers are encouraged to read the Management's Discussion and Analysis in conjunction with the Utility's financial statements, which begin on page 9. Financial Highlights The Utility's assets exceeded its liabilities by approximately $69.5 million as of December 31, 2024. Of this amount, approximately $24.4 million may be used to meet ongoing obligations to the citizens and creditors. The remaining net assets are invested in capital assets. The operating revenue of the Utility exceeded operating expenses by approximately $3.4 and $3.6 million for the years ended December 31, 2024 and 2023, respectively. As of December 31, 2024, the Utility's current assets of approximately $27.2 million exceeded total current liabilities by approximately $24.1 million. This excess is available for spending at the Utility's discretion. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to the Utility's basic financial statements. The Utility is a single purpose component unit of the City of Waterloo, Iowa (City). The Utility provides water to its customers at rates designed to recover the cost of providing the water, including costs associated with installation and maintenance of water pumping, storage and transmission systems. As a result, the Utility prepares financial statements as a single enterprise fund in a manner similar to a private - sector business. The statements of net position present information on all of the Utility's assets and liabilities, with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the Utility is improving or deteriorating. The statements of revenue, expenses and changes in net position present information showing how the Utility's net position changed during the year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of the related cash flows. Thus, revenue and expenses are reported in this statement for some transactions that will result in cash flows in the following year. The statements of cash flows present information showing major sources and uses of cash by four types of activities. The activities are operating; noncapital financing; capital and related financing; and investing. Also included is a schedule which reconciles income from operations to net cash provided by operating activities. Fiduciary funds are used to report assets held in a trust or custodial capacity for others which cannot be used to support the Utility's own programs. The fiduciary fund accounts for the pension trust fund. 5 Page 253 of 736 The required financial statements for fiduciary funds include a statement of fiduciary net position and a statement of changes in fiduciary net position. The basic financial statements can be found on pages 9 through 13 of this report. The notes to the financial statements provide additional information that is essential to a full understanding of the data provided in the basic financial statements. Notes are considered to be an integral part of financial statements prepared in accordance with generally accepted accounting principles. The notes to the financial statements can be found on pages 14 through 28 of this report. Financial Analysis As noted earlier, net position may serve over time as a useful indicator of an entity's financial position. The Utility's assets exceeded its liabilities by $69.5 million and $65.0 million on December 31, 2024 and 2023, respectively. The following is a summary of the composition of net position as of December 31: 2024 2023 Current assets $ 27,248,663 $ 27,873,152 Noncurrent, noncapital assets 3,683,566 3,478,291 Capital assets, net of accumulated depreciation 45,128,168 39,958,250 Total Assets 76,060,397 71,309,693 Deferred Outflows of Resources 1,586,498 1,840,130 Total Assets and Deferred Outflows of Resources .... $ 77,646,895 $ 73,149,823 Current liabilities $ 3,161,410 $ 2,427,035 Liabilities payable from restricted assets 227,725 214,583 Noncurrent liabilities 620,902 1,545,491 Total Liabilities 4,010,037 4,187,109 Deferred Inflows of Resources 4,094,364 3,965,076 Net Position Net investment in capital assets 45,128,168 39,958,250 Unrestricted 24,414,326 25,039,388 Total Net Position 69,542,494 64,997,638 Total Liabilities, Deferred Inflows of Resources and Net Position $ 77,646.895 $ 73,149,823 Net investment in capital assets is by far the largest portion of the Utility's net position, 64.9% as of December 31, 2024, and reflect its net investment in capital assets (e.g., land, buildings, improvements, machinery, equipment, meters and water supply system). The Utility uses these capital assets to provide water and services to the citizens; consequently, these assets are not available for future spending. Unrestricted component of net position may be used to meet the Utility's ongoing obligations to citizens and creditors. It is the Utility's intention to use these assets for future operating purposes and capital asset acquisition and improvements. As of both December 31, 2024 and 2023, the Utility reported positive balances in both categories of net position. 6 Page 254 of 736 Governmental activities. Since the Utility is a single purpose enterprise, it has no activities classified as "governmental". The following is a summary of the changes in net position for the years ended December 31: Operating revenue Operating expenses Operating Income Net nonoperating revenue Capital contributions Transfers to City of Waterloo Change in Net Position Net Position - Beginning of Year Net Position - End of Year 2024 $ 13,523,871 10,126,356 3,397,515 1,315,781 382,686 (551,126) 4,544,856 64,997,638 2023 $ 12,951,574 9,370,051 3,581,523 1,288,008 78,781 (482,561) 4,465,751 60,531,887 $ 69,542,494 $ 64,997,638 Operating revenue is the Utility's primary source of revenue and is generated from water sales and other services to customers. For 2024, operating revenue increased $572,297 from 2023 due primarily to an increase in rates. Operating expenses increased $756,305 from 2023 due primarily to higher commodities cost and higher depreciation expense. Operating expenses included depreciation expense of $1,948,837 and $1,761,837 for the years ended December 31, 2024 and 2023, respectively. Net nonoperating revenue includes interest income and rent from leasing space for billboards and antennas. Net nonoperating revenue increased by $27,773 between 2024 and 2023 due primarily to higher interest rates received on deposits with financial institutions. Rent income totaled $249,504 and $252,446 for the years ended December 31, 2024 and 2023, respectively. Capital contributions totaled $382,686 and $78,781 for the years ended December 31, 2024 and 2023, respectively. These contributions are received as "front footage" fees as property is developed with resulting taps into the Utility's water distribution system and from private parties installing water main infrastructure in new developments. Transfers to City of Waterloo of $551,126 and $482,561 for the years ended December 31, 2024 and 2023, respectively, are equal to the value of metered water provided to the City at no charge. Operating revenue includes an amount equal to the transfer. The Utility also provides unmetered water to the City at no charge. However, no reasonable estimate of the value of the unmetered water can be made. Therefore, the value of unmetered water is not included in the financial statements. Budgetary Highlights Each year, the Board of Trustees adopts a budget using the modified cash basis of accounting which differs from the accrual basis of accounting used for the accompanying financial statements. The Utility's original budget was not amended during either of the years ended December 31, 2024 or 2023. Actual cash disbursements were approximately $3.8 million less than budgeted due to capital projects being delayed in 2024 for various reasons. 7 Page 255 of 736 Capital Assets The Utility's investment in capital assets amounted to approximately $45.1 million and $40.0 million as of December 31, 2024 and 2023, respectively, (net of accumulated depreciation of approximately $21.5 and $19.5 million as of December 31, 2024 and 2023, respectively). This investment in capital assets includes land; buildings and improvements; water supply and distribution systems; meters; machinery; and equipment. Additional information about the Utility's capital assets can be found in Note 6 to the financial statements. Economic Factors and Next Year's Budget and Rates The Utility's primary source of revenue is water sales. Water rates were increased January 1, 2024. Operating expense for 2025 is expected to increase over the same expenditures in 2024 due to payroll step increases for employees, insurance premium increases, contributions to the pension plan and other operating expense increases. Capital expenditures are expected to be approximately $9.2 million. 8 Page 256 of 736 Financial Statements Page 257 of 736 Statements of Net Position As of December 31, 2024 and 2023 2024 2023 Assets and Deferred Outflows of Resources Current Assets Cash and cash equivalents $ 20,977,612 $ 24,019,690 Certificates of deposit 3,051,024 709,261 Receivables Trade accounts (net of allowance for doubtful accounts 2024 - $406,174; 2023 - $330,936) 2,219,614 2,074,423 Accrued interest 5,112 294 Operating lease 115,982 106,427 Inventories 608,102 716,558 Prepaid expenses 271,217 246,499 Total Current Assets 27,248,663 27,873,152 Noncurrent Assets Restricted cash 227,725 214,583 Repair assessments receivable 532,959 474,844 Operating lease receivable 2,672,882 2,788,864 Note receivable 250,000 — Subtotal 3,683,566 3,478,291 Capital Assets Land 472,362 472,362 Buildings and improvements 2,286,237 2,286,237 Water supply system 9,147,673 9,147,673 Distribution system 42,394,399 37,833,142 Meters and equipment 1,242,713 1,242,713 Machinery and equipment 5,250,514 4,893,674 Construction in progress 5,789,970 3,589,312 Total Capital Assets 66,583,868 59,465,113 Less accumulated depreciation (21,455,700) (19,506,863) Net Capital Assets 45,128,168 39,958,250 Total Assets Deferred Outflows of Resources Pension -related deferred outflows 76,060,397 71,309,693 1,586,498 1,840,130 Total Assets and Deferred Outflows of Resources $ 77,646,895 $ 73,149,823 See accompanying notes to the financial statements. Page 258 of 736 2024 2023 Liabilities, Deferred Inflows of Resources and Net Position Current Liabilities Accounts payable $ 833,327 $ 430,485 Retainage payable 148,287 69,117 Salary and benefits payable 178,077 145,079 Compensated absences 80,176 79,626 Due to City of Waterloo Garbage fees 385,323 350,997 Sewer fees 1,013,280 886,761 Storm water fees 253,936 225,375 Yard waste fees 203,091 182,774 Due to other governments 65,913 56,821 Total Current Liabilities 3,161,410 2,427,035 Liabilities Payable From Restricted Assets 227,725 214,583 Noncurrent Liabilities Net pension liability 620,902 1,545,491 Total Liabilities 4,010,037 4,187,109 Deferred Inflows of Resources Pension -related deferred inflows 1,460,587 1,168,343 Operating lease -related deferred inflows 2,633,777 2,796,733 Total Deferred Inflows of Resources 4,094,364 3,965,076 Net Position Net investment in capital assets 45,128,168 39,958,250 Unrestricted 24,414,326 25,039,388 Total Net Position 69,542,494 64,997,638 Total Liabilities, Deferred Inflows of Resources and Net Position $ 77,646,895 $ 73,149,823 9 Page 259 of 736 Statements of Revenue, Expenses and Changes in Net Position Years Ended December 31, 2024 and 2023 2024 2023 Operating Revenue Water sales $ 11,644,752 $ 11,207,273 Metered water provided to the City of Waterloo 551,126 482,561 Fire protection 95,743 93,806 Billing and collection fees 329,490 310,178 Other sales and service 902,760 857,756 Total Operating Revenue 13,523,871 12,951,574 Operating Expenses Salaries and benefits 4,043,712 4,050,835 Contractual services 925,046 1,053,511 Commodities 3,208,761 2,503,868 Depreciation 1,948,837 1,761,837 Total Operating Expenses 10,126,356 9,370,051 Operating Income 3,397,515 3,581,523 Nonoperating Revenue Interest income 1,064,777 1,035,562 Billboard and antenna rent 249,504 252,446 Gain on disposal of assets 1,500 — Total Nonoperating Revenue 1,315,781 1,288,008 Change in Net Position Before Contributions and Transfers 4,713,296 4,869,531 Capital contributions 382,686 78,781 Transfers to City of Waterloo (551,126) (482,561) Change in Net Position 4,544,856 4,465,751 Net Position - Beginning of Year 64,997,638 60,531,887 Net Position - End of Year $ 69,542,494 $ 64,997,638 See accompanying notes to the financial statements. 10 Page 260 of 736 Statements of Cash Flows Years Ended December 31, 2024 and 2023 2024 2023 Cash Flows From Operating Activities Cash received from customers $ 12,566,640 $ 12,033,649 Cash collected on behalf of primary government 20,812,085 20,045,077 Cash collected on behalf of other governments 570,666 483,265 Cash paid to primary government (less 1 % collection fee) (20,399,563) (19,800,507) Cash paid to other governments (less collection fee) (561,574) (482,510) Cash paid to or on behalf of employees (4,388,877) (4,637,667) Cash paid to suppliers (3,856,385) (3,682,013) Net Cash Provided by Operating Activities 4,742,992 3,959,294 Cash Flows From Noncapital Financing Activities Billboard and antenna rent 249,504 252,446 Cash Flows From Capital and Related Financing Activities Contributed capital 382,686 78,781 Acquisition of capital assets (6,873,815) (4,359,394) Proceeds from sale of capital assets 1,500 Loan to developer (250,000) Net Cash Used in Capital and Related Financing Activities (6,739,629) (4,280,613) Cash Flows From Investing Activities Proceeds from the maturities of certificates of deposit 512,782 406,573 Purchase of certificates of deposit (2,810,000) (400,000) Interest received on savings and certificates of deposit 1,015,415 1,016,924 Net Cash Provided by (Used In) Investing Activities (1,281,803) 1,023,497 Net Increase (Decrease) in Cash (3,028,936) 954,624 Cash and Cash Equivalents - Beginning of Year 24,234,273 23,279,649 Cash and Cash Equivalents - End of Year $ 21,205,337 $ 24,234,273 Cash and cash equivalents $ 20,977,612 $ 24,019,690 Restricted cash 227,725 214,583 Total Cash and Cash Equivalents $ 21,205,337 $ 24,234,273 Reconciliation of Operating Income to Net Cash Provided by Operating Activities Operating income $ 3,397,515 $ 3,581,523 Adjustments to Reconcile Operating Income to Net Cash Provided by Operating Activities Depreciation 1,948,837 1,761,837 Water provided to the City of Waterloo, not billed (551,126) (482,561) Change in Assets and Liabilities Increase in trade accounts, accrued interest and repair assessments receivable (203,306) (190,716) (Increase) decrease in lease receivable 106,427 (852,069) Increase in prepaid expenses (24,718) (49,540) (Increase) decrease in inventory 108,456 (106,301) Decrease in pension -related deferred outflows 253,632 291,056 Increase in accounts payable and retainage payable 237,071 31,209 Increase in accrued employee compensation 33,548 6,892 Increase in due to other governments and liabilities payable from restricted assets 231,957 47,879 Decrease in net pension liability (924,589) (898,772) Increase in pension -related deferred inflows 292,244 13,992 Increase (decrease) in lease -related deferred inflows (162,956) 804,865 Net Cash Provided by Operating Activities $ 4,742,992 $ 3,959,294 See accompanying notes to the financial statements. 11 Page 261 of 736 Statement of Fiduciary Net Position - Pension Trust Fund As of December 31, 2024 Pension Trust Fund Assets Cash, cash equivalents and pooled investments $ 10,027,300 Net Position Restricted for pensions $ 10,027,300 See accompanying notes to the financial statements. 12 Page 262 of 736 Statement of Changes in Fiduciary Net Position - Pension Trust Fund Year Ended December 31, 2024 Additions Contributions $ 325,341 Net investment income 1,584,399 Total Additions 1,909,740 Deductions Benefit payments 888,919 Change in Net Position 1,020,821 Net Position - Beginning of Year 9,006,479 Net Position - End of Year $ 10,027,300 See accompanying notes to the financial statements. 13 Page 263 of 736 Notes to the Financial Statements (1) Summary of Significant Accounting Policies and Other Matters Reporting Entity The Waterloo Water Works (Utility) is a municipal utility that is a political subdivision and component unit of the City of Waterloo, Iowa. The Utility provides water to customers in the cities of Waterloo, Elk Run Heights, Hudson, Raymond and adjacent areas of Black Hawk County. The Utility's rates are set by its governing board. The Waterloo Water Works Board of Trustees has oversight responsibility for all water pumping and distribution to Waterloo and surrounding areas. All activities with which the Board has oversight responsibility are included in the financial statements. Measurement Focus and Basis of Accounting The Utility is accounted for on the flow of economic resources measurement focus and uses the accrual basis of accounting. Under this method, revenue is recorded when earned and expenses are recorded when incurred. All Financial Accounting Standards Board (FASB) pronouncements are applied in accounting and reporting for its proprietary operations unless they are contradicted with pronouncements issued by the Governmental Accounting Standards Board (GASB). Use of Estimates Management uses estimates and assumptions in preparing financial statements. Those estimates and assumptions affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities and the reported revenue and expenses. Trade Accounts Receivable Water sales are billed monthly or quarterly, depending upon the quantity of water used or if requested by the customer. Accordingly, water sales are billed monthly to the larger commercial accounts and certain multi -family residential customers, while most residential customers are billed quarterly. Water sales are estimated for the period from the previous billing to year end and are included in revenue and trade accounts receivable. Unbilled revenue included in trade accounts receivable as of December 31, 2024 and 2023 was $1,136,921 and $1,128,147, respectively. The allowance for doubtful accounts included in trade accounts receivable as of December 31, 2024 and 2023 was $406,174 and $330,936, respectively. Utility as Lessor The Utility is a lessor of noncancellable leases for space on Utility water towers. The Utility recognizes a lease receivable and a deferred inflow of resources in the financial statements. At the commencement of a lease, the Utility initially measures the lease receivable at the present value of payments expected to be received during the lease term. Subsequently, the lease receivable is reduced by the principal portion of lease payments received. The deferred inflow of resources is initially measured as the initial amount of the lease receivable, adjusted for lease payments received at or before the lease commencement date. Subsequently, the deferred inflow of resources is recognized as revenue over the life of the lease term. Key estimates and judgements include how the Utility determines the discount rate it uses to discount the expected lease receipts to present value, lease term and lease receipts. The Utility uses its ten-year Treasury risk -free rate as the discount rate for leases. The lease term includes the noncancellable period of the lease. Lease receipts included in the measurement of the lease receivable is composed of fixed payments from the lessee. 14 Page 264 of 736 Notes to the Financial Statements (1) Summary of Significant Accounting Policies and Other Matters The Utility monitors changes in circumstances that would require a remeasurement of its lease and will remeasure the lease receivable and deferred inflows of resources if certain changes occur that are expected to significantly affect the amount of the lease receivable. Inventories Inventories consist of pipes, valves, fire hydrants and meters and were stated at average cost. Budgeting The Utility is required to prepare a budget each year and submit it, subject to review by the City of Waterloo, to the State of Iowa. The Utility prepares its budget using the cash basis of accounting modified by reducing cash balances and receipts and disbursements by amounts held on behalf of the City of Waterloo and customer deposits. The Utility's 2024 and 2023 budget and comparison to cash basis activity is as follows: 2024 2023 Business -Type Activity - Water Actual disbursements $ 15,519,705 $ 13,185,255 Budgeted disbursements 19,335,750 18,257,750 Actual Disbursements Under Budget $ (3,816,045) $ (5,072,495) Capital Assets Capital assets consist of assets in service and assets not in service consisting of land, construction in progress and other items which will generally be converted to capital assets. Capital assets are recorded at cost with depreciation computed under the straight-line method over useful lives as follows: Type Estimated Useful Lives Buildings and improvements 10 - 99 Years Water supply system 10 - 99 Years Distribution system 10 - 99 Years Meters and equipment 5 - 63 Years Machinery and equipment 5 - 50 Years Depreciation expense for the years ended December 31, 2024 and 2023 was $1,948,837 and $1,761,837, respectively. Major outlays for capital assets and improvements are capitalized as "in process" while projects are constructed and transferred to capital assets upon completion. Interest incurred on construction debt during the construction phase of capital assets is reflected in the capitalized value of the asset constructed, net of interest earned on the invested proceeds over the same period. 15 Page 265 of 736 Notes to the Financial Statements (1) Summary of Significant Accounting Policies and Other Matters Deferred Outflows of Resources Deferred outflows of resources represent a consumption of net position that applies to a future period(s) and will not be recognized as an outflow of resources (expense) until then. Deferred outflows of resources consist of unrecognized items not yet charged to pension expense and contributions from the Utility after the measurement date but before the end of the Utility's reporting period. Pensions For purposes of measuring the net pension asset or liability, deferred outflows of resources and deferred inflows of resources related to pensions and pension expense, information about the fiduciary net position of the Iowa Public Employees' Retirement System (IPERS) and Waterloo Water Works Pension Plan and additions to/deductions from fiduciary net position have been determined on the same basis as they are reported by the pension plans. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. Deferred Inflows of Resources Deferred inflows of resources represent an acquisition of net position that applies to a future period(s) and will not be recognized as an inflow of resources (revenue) until that time. Deferred inflows of resources consist of unrecognized items not yet included in pension expense and rent income. Operating Revenue The Utility defines operating revenue as revenue derived from the sale of water and from the collection of garbage, sewer and storm water fees for the City of Waterloo and other governments. Nonoperating revenue is defined as anything other than revenue from the sale of water and from the collection of fees for the City of Waterloo and other governments. (2) Cash Flow Statement Supplementary Information For purposes of the statements of cash flows, the Utility considers all highly liquid debt instruments purchased with original maturities of less than three months to be cash equivalents. 2024 2023 Schedule of Noncash Investing and Financing Activities Cost of property and equipment $ 7,118,755 $ 4,438,676 Amounts payable - current year (539,527) (294,587) - prior year 294,587 215,305 Cash Paid for Property and Equipment $ 6,873,815 $ 4,359,394 Supplemental Disclosures of Noncash Capital and Related Financing Activities Capital Assets Included in Accounts Payable $ 539,527 $ 294,587 16 Page 266 of 736 Notes to the Financial Statements (3) Deposits and Investments The Utility's deposits in banks and credit unions as of December 31, 2024 and 2023 are entirely covered by federal depository insurance, by the State Sinking Fund or are collateralized either with securities held by the Utility or by nontransferable letters of credit in accordance with Chapter 12C of the Code of Iowa. This chapter provides for additional assessments against the depositories to insure there will be no loss of public funds. The Utility is authorized by statute to invest public funds in obligations of the United States Government, its agencies and instrumentalities; certificates of deposit or other evidences of deposit at federally insured depository institutions approved by the Board of Trustees and the Treasurer of the State of Iowa; prime eligible bankers acceptances; certain high -rated commercial paper; perfected repurchase agreements; certain registered open-end management investment companies; certain joint investment trusts; and warrants or improvement certificates of a drainage district. The Utility's certificates of deposit are stated at cost which approximates fair value. Certificates of deposit are purchased with maturities of 12 to 24 months and yields of 3.56% to 5.17%. Certain certificates of deposit are restricted to secure customer deposits. Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. The Utility does not have a formal investment policy for credit risk. For an investment, custodial credit risk is the risk that, in the event of the failure of the counterparty, the Utility will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. As of December 31, 2024, all investments and collateral were listed in the name of the Utility. The Utility does not have a formal investment policy for custodial credit risk. Iowa Public Agency Investment Trust (IPAIT) is an external investment pool that is managed to maintain a dollar -weighted average portfolio maturity of no greater than 397 days and seeks to maintain a constant net asset value (NAV) per share of $1. The Pool elects to measure its investments at amortized cost in accordance with accounting statements issued by the GASB. The Utility's investment in IPAIT is unrated. Management reports the IPAIT investment as a cash equivalent in the accompanying statements of net position. The Utility reports its investments in the IPAIT at the NAV per share, the fair value established by the IPAIT, and is included in one share class as follows: Net Asset Unfunded Value Commitments As of December 31, 2024 IPAIT Diversified Portfolio $ 1,783,598 $ As of December 31, 2023 IPAIT Diversified Portfolio $ 1,697,898 $ The Diversified Portfolio has no redemption requirements. 17 Page 267 of 736 Notes to the Financial Statements (4) Restricted Assets Restricted assets represent monies set aside to provide security composition of these funds as of December 31, 2024 and 2023 was as 2024 Customer deposits for deposits and advances. The follows: Restricted Corresponding Asset Liability $ 227,725 $ 227,725 2023 Customer deposits $ 214,583 $ 214,583 (5) Operating Lease Receivable The Utility owns several water towers from which it rents space to cellular, radio and telephone communications companies. The Utility receives monthly payments ranging between $1,312 and $2,910 for the various leases through 2053. The leases have been discounted at a rate of 2.5% to 3.9%. The weighted average remaining lease term is 9.4 years. During the year ended December 31, 2024, the Utility earned principal of $106,427 and interest of $63,583. There were no variable lease payments. The following is a schedule by years of the future principal and interest to be collected: Principal Interest Total Year Ended December 31, 2025 $ 115,982 $ 60,732 $ 176,714 2026 108,945 57,928 166,873 2027 111,718 55,155 166,873 2028 107,608 61,150 168,758 2029 109,050 70,802 179,852 Later years 2,235,561 719,560 2,955,121 Balance - End of Year $ 2,788,864 $ 1,025,327 $ 3,814,191 18 Page 268 of 736 Notes to the Financial Statements (6) Capital Assets Capital asset activity for the years ended December 31, 2024 and 2023 was as follows: Balance Balance Balance 12-31-22 Increase Decrease 12-31-23 Increase Decrease 12-31-24 Capital Assets Not Being Depreciated Land $ 472,362 $ $ $ 472,362 $ $ $ 472,362 Construction in progress 5,442,216 3,634,567 5,487,471 3,589,312 6,047,874 3,847,216 5,789,970 Total Capital Assets Not Being Depreciated 5,914,578 3,634,567 5,487,471 4,061,674 6,047,874 3,847,216 6,262,332 Capital Assets Being Depreciated Buildings and improvements 2,286,237 — 2,286,237 2,286,237 Water supply system 8,428,004 719,669 9,147,673 — — 9,147,673 Distribution system32,591,188 5,241,954 37,833,142 4,561,257 — 42,394,399 Meters and equip- ment 1,242,713 1,242,713 1,242,713 Machinery and equip- ment 4,563,717 329,957 4,893,674 356,840 5,250,514 Total Capital Assets Being Depreciated 49,111,859 6,291,580 55,403,439 4,918,097 — 60,321,536 Less Accumulated Depreciation Buildings and improvements 1,034,904 55,407 1,090,311 52,477 1,142,788 Water supply system 4,649,206 288,777 4,937,983 313,050 5,251,033 Distribution system 8,201,369 1,074,040 9,275,409 1,219,113 10,494,522 Meters and equipment 854,522 17,738 872,260 17,738 889,998 Machinery and equip- ment 3,005,025 325,875 3,330,900 346,459 3,677,359 Total Accumulated Depreciation 17,745,026 1,761,837 19,506,863 1,948,837 — 21,455,700 Net Capital Assets Being Depreciated 31,366,833 4,529,743 35,896,576 2,969,260 38,865,836 Net Capital Assets.... $ 37.281.411 $ 8.164.310 $ 5.487.471 $ 39.958.250 $ 9.017.134 $ 3.847.216 $ 45.128.168 (7) Long -Term Liabilities A summary of changes in long-term liabilities for the year ended December 31, 2024 is as follows: Balance Beginning Balance Due Within of Year Additions Reductions End of Year One Year Net Pension Liability $ 1,545,491 $ — $ 924,589 $ 620,902 $ — 19 Page 269 of 736 Notes to the Financial Statements (8) Compensated Absences The Utility's employees accumulate vacation days during the year based on the anniversary date of their employment. As of December 31, 2024 and 2023, $80,176 and $79,626, respectively, was accrued for unused vacation days. The Utility has a sick time policy for all employees. Under this plan, employees earn sick time hours during the year up to a maximum which is specified in the plan. At year end, 25% of the current year unused hours, up to a maximum of 14 hours, is paid out in cash and the remaining hours are carried over to the next year; however, those banked hours do not vest. (9) Related Party Transactions The Utility provides customer file maintenance, meter reading, billing and collecting services for the City of Waterloo's (City) Sanitation (Garbage) and Sanitary Sewer Enterprise Funds and keeps 1% of cash collected as a service fee. During 2024 and 2023, the Utility recorded $202,800 and $197,449, respectively, as City service fees and forwarded approximately $20,400,000 and $19,801,000 during 2024 and 2023, respectively, to the City. As of December 31, 2024 and 2023, the Utility's payables to the City were $1,855,630 and $1,645,426 for garbage, sewer, storm water and yard waste collections, respectively. The Utility pays office expenses (data processing charges, postage and other expenses of the billing cycle) and passes approximately one-half of those costs on to the City. During 2024 and 2023, the Utility received approximately $35,200 and $33,500, respectively, from the City which reduced office expenses. The Utility also provides metered and unmetered water to the City at no charge. Metered water furnished to the City is valued at equivalent sales rates and is included in the financial statements as water sales and transfers to the City. During the years ended December 31, 2024 and 2023, the Utility provided metered water to the City valued at approximately $551,000 and $483,000, respectively. (10) Pension Plans The Utility contributes to the Waterloo Water Works Pension Plan (Plan) and !PERS. Waterloo Water Works Pension Plan Plan Description The Waterloo Water Works Pension Plan is a single -employer defined benefit plan administered by the Pension Committee of the Waterloo Water Works (Committee). The Plan provides retirement benefits to plan members and beneficiaries. No new Plan members were allowed after December 31, 2007. The Plan does not issue a stand-alone financial report. The actuarial report on the Plan is held at the Utility's office. The following brief description is provided for general informational purposes only. Refer to the Plan documents for more information. 20 Page 270 of 736 Notes to the Financial Statements (10) Pension Plans Pension Benefits Retirement benefits are calculated using the highest three consecutive years of pensionable earnings during the last ten years of employment. The accrued benefit is determined to be 60% of average compensation, reduced if years of service is less than 30 years. Normal retirement age is 65. Married members may receive a benefit for life; however, members are required by law to receive a reduced qualified joint and survivor benefit, unless formally elected otherwise. In no event shall pensionable earnings exceed the limitation specified in Section 401(a)(17) of the Internal Revenue Code. Cost -of -living adjustments are provided to members and beneficiaries at the discretion of the Committee. As of December 31, 2024, the following members were covered by the Plan: Inactive Plan members and beneficiaries currently receiving benefits Inactive Plan members entitled to but not yet receiving benefits Active Plan members Total Members 40 2 6 48 Contributions The contribution requirements of the Plan members and the Utility are established and may be amended by the Utility. Mandatory contributions to the Plan by Plan members are equal to the IPERS rate effective January 1 of the previous year, 6.29% for 2024. Prior to 2010, Plan member contributions were not required and the Utility made all the required contributions. Beginning January 1, 2010, Plan members were required to contribute one-third of the full contribution rate of 4.1 % and the Utility paid the rest of the required contribution. Beginning January 1, 2011, Plan members were required to contribute two-thirds of the full contribution rate of 4.3% and beginning January 1, 2012, Plan members were required to contribute all of the mandatory contributions. The Utility's Board of Trustees has approved Utility contributions to the Plan in excess of the amount determined annually by the actuary in an effort to eliminate over time the net pension liability as computed by the actuary. Pension Expense, Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions For the year ended December 31, 2024, the Utility recognized pension expense of ($41,434). As of December 31, 2024, the Utility reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Deferred Outflows of Inflows of Resources Resources Differences between expected and actual experience $ $ Changes of assumptions 297,148 Net difference between projected and actual earnings on Plan investments 870,874 1,459,972 $ 1,168,022 $ 1,459,972 21 Page 271 of 736 Notes to the Financial Statements (10) Pension Plans Amounts reported as deferred outflows of resources and deferred inflows of resources will be recognized in pension expense as follows: Year Ending December 31, 2025 $ (31,074) 2026 147,793 2027 (287,645) 2028 (121,026) 2029 — Total $ (291,952) Actuarial Assumptions The Utility's net pension (asset) liability was measured as of December 31, 2024, and the total pension liability used to calculate the net pension (asset) liability was determined by an actuarial valuation as of that date. The total pension liability as of December 31, 2024 was determined using the following actuarial assumptions, applied to all periods included in the measurement: Rate of inflation Rate of salary increase Long-term investment rate of return 2.50% per annum. 3.00% per annum, including inflation. 6.50% compounded annually, net of investment expense, including inflation. The actuarial assumptions used in the December 31, 2024 valuation were based on the results of an actuarial experience study for the period of January 1, 2024 through December 31, 2024. In addition, mortality rates were based on 2025 Dataset Mortality Tables with Scale, as appropriate. The long-term expected rate of return on Plan investments was determined using a building-block method in which expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. These expected future real rates of return are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. Best estimates of arithmetic real rates of return for each major asset class included in the Plan's target asset allocation as of December 31, 2024 is summarized in the following table: Long -Term Asset Expected Real Asset Class Allocation Rate of Return Cash and Fixed Income 28.0% 4.88% Equity Large Cap 60.0 6.96 Equity Small Cap 12.0 7.50 Cash 0.0 0.00 Total 100.0% 22 Page 272 of 736 Notes to the Financial Statements (10) Pension Plans Discount Rate The discount rate used to measure the total pension liability was 6.50% for the year ended December 31, 2024. The projection of cash flows used to determine the discount rate assumed that Plan member contributions will be made at the current contribution rate and that contributions will be made at rates equal to the difference between actuarially determined contribution rates and the member rate. Professional judgment on future contributions has been applied in those cases where contribution patterns deviate from the actuarially determined rates. Based on those assumptions, the Plan's fiduciary net position was projected to be available to make all projected future benefit payments of current Plan members. Therefore, the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability. Sensitivity of the Net Pension (Asset) Liability to Changes in the Discount Rate The following presents the net pension (asset) liability calculated using the discount rate of 6.50%, as well as what the net pension (asset) liability would be if it were calculated using a discount rate that is one percentage point lower (5.50%) or one percentage point higher (7.50%) than the current rate. 1 % Decrease (5.50%) Discount Rate (6.50%) Utility's Proportionate Share of Net Pension (Asset) Liability $ 480,499 $ (346,991) 1% Increase (7.50%) $ (1,065,018) Changes in Net Pension (Asset) Liability Changes in the Utility's net pension (asset) liability for the year ended December 31, 2024 were as follows: Balance - Beginning of Year Changes for the Year Service cost 35,603 Interest 631,224 Difference between expected and actual experience 92,950 Change of assumptions 371,435 Contributions - Utility Contributions - member Net investment income Benefit payments, including refunds of employee contributions Balance - End of Year (888,919) $ 9,680,309 Total Pension Plan Fiduciary Liability Net Position $ 9,438,016 $ 9,006,479 300,000 25,341 1,584,399 (888,919) $ 10,027,300 Net Pension (Asset) Liability $ 431,537 35,603 631,224 92,950 371,435 (300,000) (25,341) (1,584,399) $ (346,991) 23 Page 273 of 736 Notes to the Financial Statements (10) Pension Plans Payables to the Plan All required Utility contributions and required employee contributions which had been withheld from employee wages were remitted to the Plan by December 31, 2024. IPERS Plan Description IPERS membership is mandatory for employees of the Utility, except for those covered by another retirement system. Employees of the Utility are provided with pensions through a cost -sharing multiple - employer defined benefit pension plan administered by IPERS. IPERS issues a stand-alone financial report which is available to the public by mail at P.O. Box 9117, Des Moines, IA 50306-9117 or at www.ipers.org. IPERS benefits are established under Iowa Code Chapter 97B and the administrative rules thereunder. Chapter 97B and the administrative rules are the official plan documents. The following brief description is provided for general informational purposes only. Refer to the plan documents for more information. Pension Benefits A regular member may retire at normal retirement age and receive monthly benefits without an early -retirement reduction. Normal retirement age is age 65, anytime after reaching age 62 with 20 or more years of covered employment, or when the member's years of service plus the member's age at the last birthday equals or exceeds 88, whichever comes first. (These qualifications must be met on the member's first month of entitlement to benefits.) Members cannot begin receiving retirement benefits before age 55. The formula used to calculate a regular member's monthly IPERS benefit includes: • A multiplier (based on years of service). • The member's highest five-year average salary. (For members with service before June 30, 2012, the highest three-year average salary as of that date will be used if it is greater than the highest five-year average salary.) If a member retires before normal retirement age, the member's monthly retirement benefit will be permanently reduced by an early -retirement reduction. The early -retirement reduction is calculated differently for service earned before and after July 1, 2012. For service earned before July 1, 2012, the reduction is 0.25% for each month that the member receives benefits before the member's earliest normal retirement age. For service earned starting July 1, 2012, the reduction is 0.50% for each month that the member receives benefits before age 65. Generally, once a member selects a benefit option, a monthly benefit is calculated and remains the same for the rest of the member's lifetime. However, to combat the effects of inflation, retirees who began receiving benefits prior to July, 1990 receive a guaranteed dividend with their regular November benefit payments. 24 Page 274 of 736 Notes to the Financial Statements (10) Pension Plans Disability and Death Benefits A vested member who is awarded federal Social Security disability or Railroad Retirement disability benefits is eligible to claim IPERS benefits regardless of age. Disability benefits are not reduced for early retirement. If a member dies before retirement, the member's beneficiary will receive a lifetime annuity or a lump -sum payment equal to the present actuarial value of the member's accrued benefit or calculated with a set formula, whichever is greater. When a member dies after retirement, death benefits depend on the benefit option the member selected at retirement. Contributions Contribution rates are established by IPERS following the annual actuarial valuation, which applies IPERS' Contribution Rate Funding Policy and Actuarial Amortization Method. Statute limits the amount rates can increase or decrease each year to one percentage point. IPERS' Contribution Rate Funding Policy requires that the actuarial contribution rate be determined using the "entry age normal" actuarial cost method and the actuarial assumptions and methods approved by the IPERS Investment Board. The actuarial contribution rate covers normal cost plus the unfunded actuarial liability payment based on a 30-year amortization period. The payment to amortize the unfunded actuarial liability is determined as a level percentage of payroll, based on the Actuarial Amortization Method adopted by the Investment Board. In fiscal year 2024, pursuant to the required rate, regular members contributed 6.29% of covered payroll and the Utility contributed 9.44% of covered payroll for a total rate of 15.73%. The Utility's contributions to IPERS for the year ended December 31, 2024 were $242,255. As of December 31, 2024, the Utility's liability for its proportionate share of the net pension liability totaled $967,893. The net pension liability was measured as of June 30, 2024, and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation as of that date. The Utility's proportion of the net pension liability was based on the Utility's share of contributions to IPERS relative to the contributions of all IPERS participating employers. As of June 30, 2024, the Utility's collective proportion was 0.026580%, which was an increase of 0.001900% from its proportion measured as of June 30, 2023 For the year ended December 31, 2024, the Utility recognized pension expense of ($37,279). As of December 31, 2024, the Utility reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Deferred Outflows of Inflows of Resources Resources Differences between expected and actual experience $ 77,016 $ 601 Changes of assumptions 14 Net difference between projected and actual earnings on IPERS' investments 12,105 Changes in proportion and differences between Utility contributions and proportionate share of contributions 205,741 Utility contributions subsequent to the measurement date 123,614 Total $ 418,476 $ 615 25 Page 275 of 736 Notes to the Financial Statements (10) Pension Plans Deferred outflows of resources related to pensions of $123,614 represent the amount the Utility contributed subsequent to the measurement date and will be recognized as a reduction of the net pension liability in the year ended December 31, 2024. Other amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized in pension expense as follows: Year Ending December 31, 2025 $ (37,036) 2026 295,275 2027 43,108 2028 (12,550) 2029 5,450 Total $ 294,247 There were no nonemployer contributing entities at IPERS. Actuarial Assumptions The total pension liability in the June 30, 2023 actuarial valuation was determined actuarial assumptions, applied to all periods included in the measurement: Rate of inflation (effective June 30, 2017) Rate of salary increase (effective June 30, 2017) Long-term investment rate of return (effective June 30, 2017) Wage growth (effective June 30, 2017) using the following 2.60% per annum. 3.25% to 16.25%, average, including inflation. Rates vary by membership group. 7.00%, compounded annually, net of investment expense, including inflation. 3.25% per annum, based on 2.60% inflation and 0.65% real wage inflation. The actuarial assumptions used in the June 30, 2023 valuation were based on the results of a quadrennial experience study covering the period of July 1, 2017 through June 30, 2021. Mortality rates used in the 2023 valuation were based on the PubG-2010 mortality tables with future mortality improvements modeled using Scale MP-2021. 26 Page 276 of 736 Notes to the Financial Statements (10) Pension Plans The long-term expected rate of return on IPERS' investments was determined using a building-block method in which best -estimate ranges of expected future real rates (expected returns, net of investment expense and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. The target allocation and best estimates of arithmetic real rates of return for each major asset class are summarized in the following table: Asset Class Long -Term Asset Expected Real Allocation Rate of Return Domestic equity 21.0% 4.56% International equity 16.5 6.22 Global smart beta equity 5.0 5.22 Core plus fixed income 23.0 2.69 Public credit 3.0 4.38 Cash 1.0 1.59 Private equity 17.0 10.44 Private real assets 9.0 3.88 Private credit 4.5 4.60 Total 100.0% Discount Rate The discount rate used to measure the total pension liability was 7.00%. The projection of cash flows used to determine the discount rate assumed that employee contributions will be made at the contractually required rate and that contributions from the Utility will be made at contractually required rates, actuarially determined. Based on those assumptions, IPERS' fiduciary net position was projected to be available to make all projected future benefit payments of current active and inactive employees. Therefore, the long- term expected rate of return on IPERS' investments was applied to all periods of projected benefit payments to determine the total pension liability. Sensitivity of the Utility's Proportionate Share of the Net Pension (Asset) Liability to Changes in the Discount Rate The following presents the Utility's proportionate share of the net pension (asset) liability calculated using the discount rate of 7.00%, as well as what the Utility's proportionate share of the net pension (asset) liability would be if it were calculated using a discount rate that is one percentage point lower (6.00%) or one percentage point higher (8.00%) than the current rate. 1% Decrease (6.00%) Discount Rate (7.00%) 1% Increase (8.00%) Utility's Proportionate Share of Net Pension (Asset) Liability $ 2,375,191 $ 967,893 $ (210,727) 27 Page 277 of 736 Notes to the Financial Statements (10) Pension Plans IPERS' Fiduciary Net Position Detailed information about the IPERS' fiduciary net position is available in the separately issued IPERS financial report which is available on IPERS' website at www.ipers.org. Payables to IPERS As of December 31, 2024, the Utility reported payables to the defined benefit pension plan of $19,237 for legally required employer contributions and $12,818 for legally required employee contributions withheld from employee wages but not yet remitted to IPERS. (11) Risk Management The Utility is exposed to various risks of loss related to torts; theft, damage to and destruction of assets; errors and omissions; injuries to employees; and natural disasters. These risks are covered by the purchase of commercial insurance. The Utility assumes liability for any deductibles and claims of coverage limitations. Settled claims from these risks have not exceeded commercial insurance coverage in any of the past three fiscal years. (12) Commitments The Utility had several capital asset projects in process as of December 31, 2024. The remaining construction commitments totaled approximately $2.1 million. (13) Note Receivable During the year ended December 31, 2023, the Utility entered into an agreement with a developer to provide a $250,000 loan which will be repaid as the developer sells the residential lots. Any unpaid balance at the end of five years is due in full. The loan was disbursed during 2024. (14) Subsequent Events Management has evaluated subsequent events through June 13, 2025, the date which the financial statements were available to be issued. Subsequent to December 31, 2024, the Utility entered into contracts for capital asset projects totaling $2,039,498. 28 Page 278 of 736 Required Supplementary Information Page 279 of 736 Schedule of Contributions Waterloo Water Works Pension Plan Last Ten Years 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 Actuarially determined contribution $ 503,076 $ 514,481 $ 514,096 $ 568,760 $ 587,599 $ 563,701 $ 529,242 $ 505,125 $ 489,448 $ 475,911 Contributions in relation to actuarially determined contribution (325,341) (536,077) (439,760) 344,312 (639,602) (615,910) (577,408) (565,374) (550,161) (540,043) Contribution Deficiency (Excess) $ 177,735 $ (21,596) $ 74,336 $ 224,448 $ (52,003) $ (52,209) $ (48,166) $ (60,249) $ (60,713) $ (64,132) Utility's covered -employee payroll $ 442,489 $ 635,959 $ 676,566 $ 744,456 $ 810,194 $ 979,376 $ 943,430 $ 1,047,371 $ 1,004,723 $ 1,045,603 Contributions as a percentage of covered -employee payroll 73.53% 84.29% 65.00% 46.25% 78.94% 62.89% 61.20% 53.98% 54.76% 51.65% 29 Page 280 of 736 Schedule of Changes In Net Pension (Asset) Liability and Related Ratios Waterloo Water Works Pension Plan Total Pension Liability Service cost Interest Difference between expected and actual experience Changes of assumptions Benefit payments, including refunds of employee contributions Change in Total Pension Liability Total Pension Liability - Beginning of Year Total Pension Liability End of Year Plan Fiduciary Net Position Contributions - Utility Contributions - member Net investment income Benefit payments, including refunds of employee contributions Change in Plan Fiduciary Net Position Plan Fiduciary Net Position - Beginning of Year Plan Fiduciary Net Position - End of Year Net Pension (Asset) Liability - End of Year Plan Fiduciary Net Position as a Percentage of Total Pension Liability Utility's Covered Employee Payroll Net Pension (Asset) Liability as a Percentage of Covered Employee Payroll 2024 $ 35,603 $ 631,224 92,950 371,435 (888,919) 242,293 9,438,016 9.680.309 300,000 25,341 1,584,399 (888,919) 1,020,821 9,006,479 10.027.300 $ (346,991) 103.58% 2023 29,220 627,898 143,961 (748,323) 52,756 9,385,260 9.438.016 500,000 36,077 1,372,449 (748,323) 1,160,203 7,846,276 9.006.479 $ 431,537 95.43% 2022 $ 34,615 624,396 109,603 (702,668) 65,946 9,319,314 9.385.260 400,000 39,670 (1,522,959) (702,668) (1,785,957) 9,632,233 7.846.276 $ 1,538,984 83.60% 2021 $ 49,151 618,695 141,919 16,840 (689,128) 137,477 9,181,837 9.319.314 300,000 44,312 1,473,975 (689,128) 1,129,159 8,503,074 9.632.233 2020 $ 55,720 645,354 (194,832) 315,233 2019 $ 42,951 672,982 (36,258) 325,945 (677,004) (675,155) 144,471 330,465 9,037,366 8,706,901 9,181,837 591,000 48,602 1,221,397 (677,004) 1,183,995 7,319,079 9.037.366 563,701 52,209 1,594,221 (675,155) 1,534,976 5,784,103 8.503.074 7.319.079 $ (312,919) $ 678,763 103.35% 92.61% $ 1,718,287 80.99% 2018 $ 46,090 665,421 76,594 (72,427) (560,887) 154,791 8,552,110 8.706.901 529,242 48,166 (466,923) (560,887) (450,402) 6,234,505 5.784.103 $ 2,922,798 66.43% 2017 $ 45,849 640,457 (45,362) 225,356 (548,118) 318,182 8,233,928 8.552.110 507,287 58,087 821,539 (548,118) 838,795 5,395,710 6.234.505 $ 2,317,605 72.90% 2016 $ 53,886 616,847 164,103 13,141 2015 $ 53,008 607,558 (28,037) 12,600 (541,494) (518,306) 306,483 126,823 7,927,445 7,800,622 8.233.928 489,448 60,713 281,674 (541,494) 290,341 5,105,369 5.395.710 $ 2,838,218 65.53% 7.927.445 481,000 59,043 (157,690) (518,306) (135,953) 5,241,322 5.105.369 $ 2,822,076 64.40% $ 382,388 $ 572.010 $ 635,959 $ 676,566 $ 744,456 $ 810,194 $ 979,376 $ 943,430 $ 1,047,371 $ 1,004,723 (90.74)% 75.44% 241.99% Additional years will be added going forward as information becomes available. (46.25)% 91.18% 212.08% 298.43% 245.66% 270.98% 280.88% 30 Page 281 of 736 Notes to Required Supplementary Information - Pension Liability Waterloo Water Works Pension Plan Year Ended December 31, 2024 Valuation Date Actuarially determined contributions rates are calculated as of December 31 of the current fiscal year. Methods and Assumptions Used to Determine Contribution Rates Actuarial cost method Amortization method Amortization period Asset valuation method Inflation Annual pay increases Investment rate of return Retirement rate Mortality rates Projected unit credit Level dollar 20 years Five-year smoothed market 2.50% 3.00% 6.50% 100% at age 62 SOA RP-2014 Adjusted to 2006 Total Dataset Mortality with Scale MP-2021 31 Page 282 of 736 Schedule of Proportionate Share of the Net Pension Liability Iowa Public Employees' Retirement System Last Ten Years* 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 Utility's proportion of the net pension liability 0.026580% 0.024680% 0.023961 % (0.008447)% 0.017377% 0.016437% 0.016820% 0.015549% 0.014671 % 0.014220% Utility's proportionate share of the net pension liability $967,893 $1,113,954 $905,279 $29,161 $1,220,674 $951,791 $1,064,406 $1,035,776 $923,262 $706,956 Utility's covered -employee payroll $2,330,908 $1,984,549 $1,770,907 $1,622,730 $1,267,605 $1,270,103 $1,251,971 $1,079,261 $1,018,040 $885,398 Utility's proportionate share of the net pension liability as a percentage of its covered -employee payroll 41.52% 56.13% 51.12% 1.79% 96.29% 74.94% 85.01 % 95.97% 90.69% 79.85% IPERS' fiduciary net position as a percentage of the total pension liability 92.30% 90.13% 91.41 % 100.81% 81.87% 85.45% 83.62% 82.21% 81.82% 85.19% * The amounts presented for each fiscal year were determined as of June 30 of the preceding year. 32 Page 283 of 736 Schedule of Contributions Iowa Public Employees' Retirement System Last Ten Years 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 Statutorily required contribution $ 242,255 $ 220,038 $ 187,341 $ 167,183 $ 153,186 $ 119,662 $ 116,656 $ 111,801 $ 96,378 $ 90,911 Contributions in relation to the statutorily required contributions(242,255) (220,038) (187,341) (167,183) (153,186) (119,662) (116,656) (111,801) (96,378) (90,911) Contribution Deficiency (Excess) $ — $ $ — $ $ $ $ — $ — $ — $ Utility's covered -employee payroll $ 2,566,257 $ 2,330,908 $ 1,984,549 $ 1,770,907 $ 1,622,730 $ 1,267,605 $ 1,270,103 $ 1,251,971 $ 1,079,261 $ 1,018,040 Contributions as a percentage of covered -employee payroll 9.44% 9.44% 9.44% 9.44% 9.44% 9.44% 9.18% 8.93% 8.93% 8.93% 33 Page 284 of 736 Notes to Required Supplementary Information - Pension Liability Iowa Public Employees' Retirement System Year Ended December 31, 2024 Changes of Benefit Terms There are no significant changes in benefit terms. Changes of Assumptions The 2022 valuation incorporated the following refinements after a quadrennial experience study: • Changed mortality assumptions to the PubG-2010 mortality tables with mortality improvements modeled using Scale MP-2021. • Adjusted retirement rates for regular members • Lowered disability rates for regular members. • Adjusted termination rates for all membership groups. The 2018 valuation implemented the following refinements as a result of a demographic assumption study dated June 28, 2018: • Changed mortality assumptions to the RP-2014 mortality tables with mortality improvements modeled using Scale MP-2017. • Adjusted retirement rates. • Lowered disability rates. • Adjusted the probability of a vested regular member electing to receive a deferred benefit. • Adjusted the merit component of the salary increase assumption. The 2017 valuation implemented the following refinements as a result of an experience study dated March 24, 2017: • Decreased the inflation assumption from 3.00% to 2.60%. • Decreased the assumed rate of interest on member accounts from 3.75% to 3.50% per year. • Decreased the discount rate from 7.50% to 7.00%. • Decreased the wage growth assumption from 4.00% to 3.25%. • Decreased the payroll growth assumption from 4.00% to 3.25%. 34 Page 285 of 736 HOGAN• HANSEN A Professional Corporation Certified Public Accountants and Consultants Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Board of Trustees Waterloo Water Works Waterloo, Iowa We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Waterloo Water Works, a component unit of the City of Waterloo, Iowa, as of and for the year ended December 31, 2024, and the related notes to the financial statements, which collectively comprise the Waterloo Water Works' basic financial statements, and have issued our report thereon dated June 13, 2025. Report on Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the Waterloo Water Works' internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Waterloo Water Works' internal control. Accordingly, we do not express an opinion on the effectiveness of the Waterloo Water Works' internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the Utility's financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and, therefore, material weaknesses or significant deficiencies may exist that were not identified. We identified a certain deficiency in internal control, described in the accompanying schedule of findings as item 24-I-R-1 that we consider to be a material weakness. 3128 Brockway Road, Waterloo, IA 50701-5103 • (319) 233-5225 • Fax (319) 233-3188 • E-Mail w@hoganhansen.com Member of American Institute of CPAs - Iowa Society of CPAs Ames • Ankeny • Cedar Rapids • Mason City • Waterloo 35 Page 286 of 736 Board of Trustees Waterloo Water Works Page 2 Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether the Waterloo Water Works' financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Comments involving statutory and other legal matters about the Utility's operations for the year ended December 31, 2024 are based exclusively on knowledge obtained from procedures performed during our audit of the financial statements of the Utility. Since our audit was based on tests and samples, not all transactions that might have had an impact on the comments were necessarily audited. The comments involving statutory and other legal matters are not intended to constitute legal interpretations of those statutes. Waterloo Water Works' Response to Findings Government Auditing Standards require the auditor to perform limited procedures on the Waterloo Water Works' responses to the findings identified in our audit and described in the accompanying schedule of findings. The Waterloo Water Works' responses were not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the responses. Purpose of This Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Utility's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Utility's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. 444ittr ' k4frFI HOGAN - HANSEN Waterloo, Iowa June 13, 2025 36 Page 287 of 736 Schedule of Findings Year Ended December 31, 2024 Part I: Findings Related to the Financial Statements Instances of Noncompliance There were no reported instances of noncompliance. Internal Control Deficiencies 24-I-R-1 Financial Statement Preparation Criteria - A properly designed system of internal control over financial reporting includes the preparation of the Utility's financial statements and accompanying notes to the financial statements by Utility staff. Condition - The Utility does not have a system of internal controls that fully prepares financial statements and disclosures that are fairly presented in conformity with generally accepted accounting principles. The Utility relies upon its audit firm to assist with drafting the financial statements. Cause - As is inherent in many governmental entities of this size, the Utility has management and employees who, while knowledgeable and skillful, do not have the time to maintain the current knowledge and expertise to fully apply generally accepted accounting principles in preparing the financial statements and the related disclosures. Effect or Potential Effect - The financial statements and related disclosures may not be prepared in accordance with generally accepted accounting principles. Identification of Repeat Finding - 23-I-R-1 Auditor's Recommendation - The Utility should obtain additional knowledge through reading relevant accounting literature and attending local professional education courses. Views of Responsible Officials and Planned Corrective Action - The Utility is aware of the condition and will consider obtaining additional knowledge where cost effective but will continue to rely on its audit firm for assistance with drafting the financial statements and disclosures. Auditor's Conclusion - Response accepted. 37 Page 288 of 736 Schedule of Findings Year Ended December 31, 2024 Part II: Findings Related to Statutory Reporting 24-11-1 Budget - Operating cash disbursements during the year ended December 31, 2024 did not exceed the amounts budgeted. 24-11-2 Questionable Disbursements - We noted no disbursements that may not meet the requirements of public purpose as defined in an Attorney General's opinion dated April 25, 1979. 24-11-3 Travel Expense - No disbursements of the Utility's money for travel expenses of spouses of the Utility officials or employees was noted. 24-11-4 Business Transactions - No business transactions between the Utility's officials or employees and the Utility were noted. 24-11-5 Bond Coverage - Surety bond coverage of the Utility officials and employees is in accordance with statutory provisions and was reviewed and updated during the year. We recommend that the amount of coverage continue to be reviewed annually to ensure that the coverage is adequate for current operations. 24-11-6 Board Minutes - No transactions were found that we believe should have been included in the minutes but were not. Minutes of Trustees proceedings were published within 15 days as required by Chapter 372.13(6) of the Code of Iowa. 24-11-7 Deposits and Investments - We noted no instances of noncompliance with the deposit and investment provisions of Chapter 12B or 12C of the Code of Iowa. 24-11-8 Restricted Donor Activity - No transactions were noted between Water Works officials or employees and restricted donors in compliance with Chapter 68B of the Code of Iowa. 38 Page 289 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Chad Coon, General Manager Water Works Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Motion to receive and place on file the 2024 Operating Report of the Waterloo Water Works. 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. 2024 Operating Report Final Page 290 of 736 WATERLOO WATER WORKS 2024 OPERATING REPORT WATERLOO W WORKS Page 291 of 736 WATERLOO WATER WORKS 2024 ANNUAL REPORT TO THE BOARD OF TRUSTEES AND THE CITIZENS OF WATERLOO General Remarks I am pleased to present the Waterloo Water Works' 2024 Annual Report to the Board of Trustees and the citizens of Waterloo, Iowa. The team members of the Water Works have collaborated in preparation of this report to highlight financial, water distribution, water production and customer service performance milestones that were achieved throughout the year in 2024. The Water Works added or replaced 7,102 feet of water main in 2024. Pumpage for 2024 ended the year down 0.68% compared to the previous year, and water sales revenue ended the year up 4.6% on a year-to-year basis. In 2024 there were three large projects that were related to water production that were either started, ongoing or closed out. Wells 14 & 16 were upgraded and rehabilitated to ensure decades of future use for production. Well 22 was not finished until early 2024, which meant that progress was limited on Wells 14 & 16 until Well 22 work was completed. Design work for upgrading and rehabilitating Wells 15 & 17 was also started in 2024. Another project that saw work was design and the placement of a booster station for the Orange Neighborhood. Site selection and discussion with property owners happened throughout the year. Work to infill the pipe tunnel next to the ground storage reservoir along E. 2nd and Sycamore streets was completed in 2024. On the distribution side of operations, work continued with Phase 2 (of 4) in Heartland Hills neighborhood; the Park Avenue bridge had water main suspended from it during 2023 with the system operational in early 2024; work started on the La Porte Road reconstruction with water main replacement south of Highway 20 and moving north to Bopp Street. This will also be a several year, multi -phase project similar to University Avenue. Due to continued high production numbers from field staff, management was presented with a request for obtaining some new equipment, namely a compact excavator and a replacement hydraulic breaker. The Board agreed to these purchases and equipment was purchased and immediately put to use. The Water Works also participated with year two of a three year commitment to fund our portion of the Fiber Backbone Project with Waterloo Fiber. In 2025, the Waterloo Water Works plans to continue on an aggressive path to repair, replace, or upgrade critical system assets, while also planning for the future. Projects scheduled for major investments in 2025 include maintenance work on the Pump Station building, continuation of the annual water main replacement programs associated with City of Waterloo street reconstruction projects; replacement of water main in the Heartland Hills neighborhood to be completed in phases; beginning of work for the Well 14 VFD and process piping project and a similar project at Well 16; La Porte Road water main replacement in conjunction with City of Waterloo street Page 1 Page 292 of 736 rehabilitation; preparing bids for Wells 15 & 17 with new process piping, electrical, emergency generator and SCADA upgrades; and design work on Phase 2 and Phase 3 of the La Porte Road street rehabilitation which will include a larger section of water main replacement. The Waterloo Water Works is indebted to Board of Trustees' members Mary Potter, Scott Wienands and Thomas E. Wall, who continue to provide the guidance, support and leadership that this utility relies on as we serve the great customers of the City of Waterloo. Respectfully submitted, Chad Coon, General Manager Page 2 Page 293 of 736 TO THE BOARD OF WATER WORKS TRUSTEES Mary H. Potter, Chair Scott Wienands, Vice -Chair Thomas E. Wall, Trustee Members of the Board: I herewith submit the following Operating Report of the Waterloo Water Works for the year ending December 31, 2024. The following tables show selected revenue and expenditures for the year ending December 31, 2024 as compared with the year ending December 31, 2023. A full disclosure of the Waterloo Water Works' financial information can be obtained from the annual audit report. The following figures reflect audited amounts. Revenue Metered Water -Net Rates Fire Protection Capital Contributions Billboard, Antenna & Farm Rent Interest Earned Other Revenue Total Revenue Dec. 31, 2023 $11,207,273 93,806 78,781 252,446 1,035,562 1,167,934 Operating Expenses Salaries and Benefits Contractual Services Commodities Interest Expense Loss on Disposal of Capital Assets Depreciation Other Expenses Total Expenditures Net Revenue Total Assets Total Liabilities Total Net Assets Tax Money Received Bonded Indebtedness $4,050,835 1,053,511 2,503,868 0 0 1,761,837 0 Dec. 31, 2024 $11, 644,752 95,743 382,686 249,504 1,064,777 1,233,750 $13,835,802 $ 14,701,212 $ 9,370,051 $ 4,465,751 $71,309,693 6,312,055 $64,997,638 $ 0 $ 0 $4,043,712 925,046 3,208,761 0 0 1,948,837 0 $ 10,126,356 $ 4,574,856 $76,060,397 6,517,903 $69,542,494 $ $ 0 0 Page 3 Page 294 of 736 The following amounts were expended for Capital Improvements and Extraordinary Items during the year ending December 31, 2024 as compared to the year ending December 31, 2023. Autos, Trucks and Distribution Vehicles & Equipment Small Equipment for Distribution/Meter Dept. Safety Equipment Backflow Prevention Program Replace Fence at Warehouse Misc. Water Main Extensions Misc. Water Main Work as part of City Projects Annual Water Main Replacement Programs Pumping Station and Well House Improvements SCADA, Radio and Sensor Improvements Well Rehabilitation Computer Equipment and Software Office, Security, and Building Equipment Pump Station Maintenance & Stabilization University Avenue Main Replacement AMR/AMI Metering Park Avenue River Crossing Replacement La Porte Road Water Main Replacement (Phase 1) Well 22 VFD and Replacement Standby Power Lost Island (Shaulis 20") Water Main Project Hwy 20 Crossing (Kimball/ W. 4t1) Hammond Ave. Sink Creek Crossing Water Tower Mid-life Refreshing Grand Blvd -Four Seasons Water Main replacement Heartland Hills Subdivision Water Main replacement Hyper Drive Water Main Extension Corrosion Control Source Entry Point Installation Well 14 VFD, Process Piping and Standby Power Reservoir Spalling and Pipe Tunnel Repair Well 16 VFD, and Standby Power Orange Area Boosted Pressure Zone City of Waterloo Fiber Optic Backbone Project La Porte Road Water Main Replacement (Phase 2) Paradise Estates Funding Assistance Well 17 VFD and Standby Power Well 15 VFD Process Piping and Standby Power GIS-Mapping-CMMS-Doc. Mgmt.-Modeling Preliminary Work on CMMS Project Property Acquisition for Future Capital Projects (2023 amounts restated from previous report) Jan. 1, 2023 to Dec. 31, 2023 117,927.11 10,141.28 1,055.00 2,304.72 0.00 224,073.39 48, 793.05 143,847.12 163, 380.12 26,939.33 0.00 13,699.27 4,261.85 40,250.00 16,252.53 325,932.24 10, 572.50 56,858.46 596,486.19 367,817.92 39,005.08 218,430.00 22,525.00 152,736.66 537,677.91 6,215.75 291,251.73 157,157.44 20,159.35 32,660.00 7,390.00 1,000,000.00 0.00 0.00 0.00 0.00 56,915.02 23,840.00 0.00 Jan. 1, 2024 to Dec. 31, 2024 329,204.67 15,839.80 608.00 8,870.28 22,389.92 225,508.43 179,945.75 30,489.52 1,874.52 33,031.40 177,760.36 11,757.93 836.00 0.00 68,073.90 536,211.90 925,355.00 0.00 60,168.65 0.00 0.00 0.00 46,600.00 31,575.34 884,796.77 0.00 0.00 1,548,671.62 331,613.09 412,498.54 0.00 1,000,000.00 329.70 250,000.00 19,200.00 6,400.00 34,997.78 10,343.00 8,212.50 $4,736,556.02 $7,213,164.37 Page 4 Page 295 of 736 The following data is used to compute the comparative cost per 1,000 gallons pumped. 2023 2024 Pumpage in Gallons 4,465,103,000 4,434,569,000 Operating Revenue $11,301,079 $11,740,495 Non -Operating Revenue 2,534,723 2,960,717 Total Revenue $13,835,802 $14,701,212 Salaries and Benefits $4,050,835 $4,043,712 Contractual Services 1,053,511 925,046 Commodities 2,503,868 3,208,761 Depreciation 1,761,837 1,948,837 Interest Expense 0 0 Loss on Disposal of Capital Assets 0 0 Other Expenses 0 0 Total Expenses $9,370,051 $10,126,356 Net Revenue $4,465,751 $4,573,356 The following tabulation shows the revenue per 1,000 gallons pumped for the year ending December 31, 2024 as compared with the year ending December 31, 2023. Operating Revenue Non -Operating Revenue Total Revenue Dec. 31, 2023 Dec. 31, 2024 2.5317 2.6475 0.5678 0.6676 3.0995 3.3151 Salaries and Benefits 0.9072 0.9119 Contractual Services 0.2360 0.2086 Commodities 0.5608 0.7236 Depreciation 0.3348 0.4395 Interest Expense 0.0000 0.0000 Loss on Disposal of Capital Assets 0.0000 0.0000 Other Expenses 0.0000 0.0000 Total Expense 2.0388 2.2836 Net Revenue 1.0607 1.0315 Page 5 Page 296 of 736 Distribution and Transmission Distribution Department Manager Meter Room Manager Distribution Foreman Ryan Manahl David Cunningham Ross Fagerlind This department is responsible for construction, maintenance and customer service related to water mains, vehicles and metering. Water Main Construction: During the year ending December 31, 2024, ductile iron water main extensions were made as follows: Location Esther Street (dead end correction) Forest Avenue [PVC] (dead end correction) Hawthorne Avenue (dead end correction) Byron Avenue (dead end correction) Total 6" Main S. 3rd Street, Raymond Main Number Feet Size 6" 6" 6" 6" 1,059 191 174 148 1,572 8" 620 Total 8" Main 620 MAIN FOOTAGE PAID BY WWW MAIN FOOTAGE PAID BY DEVELOPER TOTAL WATER MAIN INSTALLED Water Main Replacement: 1,572 620 2,192 MILES 0.42 Funding Source Waterloo Water Works Waterloo Water Works Waterloo Water Works Waterloo Water Works Paid by Developer During the year ending December 31, 2024, the following ductile iron (unless indicated) water main replacement projects were completed as follows: Location Heartland Hills Phase 2 [PVC] Heartland Hills Phase 2 [PVC] Park Avenue Bridge Park Avenue Bridge Park Avenue Bridge Park Avenue Bridge Katoski Drive Main Number Size Feet 6" 2,293 8" 1,192 6" 19 10" 19 12" 9 16" 1,268 16" 93 Funding Source Waterloo Water Works Waterloo Water Works Waterloo Water Works Waterloo Water Works Waterloo Water Works Waterloo Water Works Waterloo Water Works TOTAL WATER MAIN REPLACED 4,893 MILES 0.93 Page 6 Page 297 of 736 Pipe System Inventory: The following table shows the total number of feet, number of miles and the percentage of different size ductile, cast iron, and PVC mains that comprise the water distribution system inside the Waterloo city limits, installed from 1886 to December 31, 2024. Size Abandoned Constructed Net Gain Total Number of 2024 2024 2024 of Feet in Number Pipe Ln. Ft. Ln. Ft. Ln. Ft. System of Miles Percentage 4" 0 0 0 8,870 1.68 0.43 6" 3,721 3,884 153 960,544 181.92 46.28 8" 109 1,812 1,703 339,715 64.34 16.37 10" 20 19 1 40,200 7.61 1.94 12" 27 9 -18 513,729 97.30 24.75 14" 0 0 0 4,611 0.87 0.22 16" 1,507 1,268 -239 109,955 20.83 5.30 20" 0 0 0 97,673 18.50 4.71 24" 0 0 0 469 0.09 0.02 TOTAL 5,384 6,992 1,608 2,075,766 393.14 100.00 Net Gain in 2024: 0.30 Miles Kimball Avenue Rural Water System: The following table shows the total number of feet, number of miles and the percentage of different size DR21 PVC pipe that comprises the Kimball Avenue rural water system as of December 31, 2024. Size Total Number of of Feet in Number of Pipe System Miles Percentage 2" 6,036 1.14 9.66 3" 17,492 3.31 27.98 4" 8,270 1.56 13.23 6" 30,717 5.82 49.14 TOTAL 62,515 11.84 100.00 The following table shows the number of feet of pipe of the different sizes in the flow and well lines now used to deliver water from the well field to the reservoirs. Sizes of Number of Pipe Feet 8" 580 10" 600 12" 1,348 16" 13,981 20" 10,378 24" 600 TOTAL 27,487 Page 7 Page 298 of 736 Valve Inventory: Size 2" 4" 6" 8" 10" 12" 16" 20" Gained 2024 Waterloo System 0 0 34 14 0 -1 2 1 Total Valves in System 3 69 5,187 961 178 1,155 171 80 7,804 Valves in Flow & Well Lines as of December 31, 2024: 50 Hydrant Inventory: Hydrants in Service January 1, 2024 3,416 Additions Due to New Main Construction 14 New Installation Cut -In 5 Hydrants Eliminated 12 Net Gain 7 Hydrants in Service December 31, 2024 3,423 Hydrant Maintenance: Hydrants Repaired in Place 5 Hydrants Replaced 29 Hydrants Inspected and/or Flushed 2,514 2023 2024 Broken Hydrants (typically hit by vehicles) 13 8 Frozen Hydrants 5 0 Frozen Mains 0 0 Main Leaks Repaired (joint leak, pin hole) 5 2 Broken Mains (sheared, cracked, longitudinal) 68 67 Private Service Lines Leaks 101 110 Private Service Line Terminations 72 72 The Distribution Department operated and serviced hydrants and valves where required. Page 8 Page 299 of 736 Vehicle Record: Report of operation cost for the year ending December 31, 2024. a) O `m 0 0 O N U O 75 N 0 H V O N Q O N co CV V c N 2 O N C a 0) V m N ° O N X a) O 0 0 (6 O 0) 0) '71- N () 0 4) N 2 O Z N- LO r- CO 6) 6) 0 C) CO V LO M N- N- CO CO LC) CO LO 0) V M LO CO A- N 6) O CO N M N- M (0 LO N A- 0 LO N V 0) N CO LO M 00 V N (0 00 6) N 6) I� N M N- (0 N A- O V CO V CO LO (O r- 0) A- 0 N- A- O L- LO N CO CO M' M (T N O U N CO CO A- CO 0) CO H CO LC) M CO CO V 7 M LO CO CO N O O M O O M O O O O O O O N O Ili 00 Ln 0) M L- N M M V co M co co (9- 0)- 05 ER 04 0)- 0> EA (9- 0)- EA ER 03 0)- 0> EA (9- 0)- EA ER 03 0)- 03 EA (9- 0)- EA ER 03 0)- 03 (9- LO N A- O LO O CO LO O N V N. 0) O LO N CS) 4 O CO CO 0 0) N- CO O M LO O A- A- V LO LO O O M'4 0) CO CO CO LO N LO f� M CO O 0) O 6) 0 N- A- CO . 0 (0 M CO Lf) O co co LC) (0 N 10 N M V L- co Lf) 0) cr)M N 0) Ln CO (fl H LC)N C0 O CO 0 CO V V N CO N L() 6) N N- 0COCO) 0) M CO CO CO Ln V M N . 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(0 M V M N 6) 0) V N Ln 0) co in in LC) (O 10 Ln CO I- N N- CO L0 i a0 CD N E E a E E E 2 w m h 0 U LO LO LOn O ry ct In Q fain in iCD CD n M LOn ct In Ln ct ry 0) 6) 0) °- H - to M _0 3 N 0 H W LL LL LL co 0) 0) LL (n LL LL LL 0) LL 0) LL LL 0) 0) 0 (n (p -0 -0 -0 70 -0 -0 -0 i -O a a -O -00 -O i -O 'O N L 77 0000)000(300 (30 LL LL L.L. L.L. L.L. 0) o 0 LL LL L.L. L.L. L.L. o LL 0 u u o o -) U �O LL m N 0 0) 4 A- 0) (0 N 0 N- 4 CO 0 A- CO 00 CO 0) CO 0 0) N M N N N O N N N N O N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N U U O 0) 0 co CD 0 N co U -D CD M `� a) 0 v 0 0 H LO L Z LL '6 (0 0 LO LO0 0 0 Ln LO 00 0 0 (0 Q - 7 CO ) O 0 CO m 0 Da 0 2023 Cat 315GC-07 Excavator $ 149,018.12 $ 139,115.45 CO O N- C O CO 10 LC) E a) H 'm E E -0 7 7 _J 6 po = H In H H Q a 0 C Li 'Co) L) U cLL2m2S CO CO M M LO CO O N N N N- O 0 0 0 0 0) NNNNN T- N M l0 Ln 00 0) O. • N V LO CO CO 6) O N O N M V LO CO N- CO NNNOICOMMCOMMMOI TOTAL HOURS Page 9 Page 300 of 736 Meter Operations: 2023 2024 Meters in Service as of January 1 26,711 26,748 Meters Removed for Servicing -1,305 -1,893 Meters Reset at Existing Accounts 1,275 1,867 Meters Set for New Accounts 67 71 Total Meters Set 1,342 1,938 Net Accounts Gain/Loss 37 45 Meters in Service as of December 31 26,748 26,793 Meter Repair Work: 2023 2024 Frozen — Base Replacement 57 44 Dead — Piston, Gear or Register 7 5 Replacement Junked Meters 1,210 1,826 Meters Removed from Vacated Residences 31 14 Meters Removed Due to High Usage 0 4 Leaky Meters — Bases Replaced 0 0 Miscellaneous Repairs 0 0 Meters Challenged for Accuracy by Resident 1,305 1,893 0 0 Radio Readers in Service: Overall system = 25,000+ radios for all areas we service, which include close to 29,000 accounts, more than 86% of the system has had a radio read smart point installed. Page 10 Page 301 of 736 WATER PRODUCTION Water Production Manager Pumping Station Foreman Travis Larson Gabe Smutz During the year ending December 31, 2024, the water pumpage has decreased 0.68% from the previous year. 2023 2024 Total Pumpage in Gallons 4,465,103,000 4,434,569,000 Daily Average 12,199,734 12,116,309 Lowest Day December 24 May 26 Lowest Day Pumpage. 7,434,000 8,578,000 Highest Day August 24 June 12 Highest Day Pumpage 17,868,000 15,907,000 The record of pumpage for the year ending December 31, 2023, as compared with the year ending December 31, 2024, is as follows: 2023 2024 January 324,273,000 356,361,000 February *287,512,000 *328,319,000 March 311,646,000 331,938,000 April 346,977,000 329,799,000 May 413,093,000 377,967,000 June 427,763,000 395,831,000 July 425,085,000 398,710,000 August **473,990,000 **424,753,000 September 416,963,000 403,283,000 October 370,883,000 394,433,000 November 335,042,000 341,415,000 December 331,876,000 351,760,000 TOTAL GALLONS * Indicates lowest month's pumpage. ** Indicates highest month's pumpage. Consumption Registered on Customers' Meters City Meters - Free Rate Water Toss from Reservoir (calculated) Other Metered Sales Unaccounted for Water Including the Following: (Flushing water mains to prevent system freeze up, new main construction, routine flushing water mains, hydrant flushing and inspection, fire protection, street sweeping, pre -metered construction, sewer flushing, main leaks and service line leaks.) 4,465,103,000 4,434,569,000 Gallons 3,524,468,288 196,690,549 92,573,000 3,958,416 616,878,747 Percent 79.48 4.43 2.09 0.09 13.91 100.00% A record of the percent of accounted for water through customers' meters, city meters and calculated reservoir loss is as follows: 2019 2020 2021 2022 88.60% 85.07% 83.62% 81.67% 2023 84.34% 2024 86.09% Page 11 Page 302 of 736 2024 Water Supply Analysis Average of all Wells in the System (Milligrams per Liter Unless Otherwise Noted) The Waterloo Water Works conducts an extensive water quality monitoring program to confirm that the drinking water is always safe and always of the highest quality. The following are the results of the water quality program for 2024. I. Analyte The following results are based on representative samples from the distribution system. Maximum 2022 2023 2024 Allowable Chemical Test Test Test Limit Total Trihalomethane (ppb) 14.7 11.8 14.0 80 Total Haloacetic Acids (ppb) <5.0 <5.0 <5.0 60 Fluoride (ppm) 0.73 0.77 0.78 4 Sodium (ppm) 14.0 15.5 15.5 NR Chlorine (ppm) 1.10 1.10 1.10 4 II. Nitrates - MCL for nitrate is 10 mg/L Maximum Allowable 2023 2024 Well No. Limit Average (ppm) Average (ppm) Well Field 7-13 10 5.1 5.5 14 10 7.0 9.1 15/17 10 <0.6 <0.6 16 10 7.3 N/A 18 10 4.7 5.0 19 10 2.6 2.5 20 10 6.0 6.7 21 10 <0.6 <0.6 22 10 N/A 7.5 Page 12 Page 303 of 736 WATERLOO WATER WORKS WATER ANALYSIS 2023 Maximum Waterloo Contaminant Water Level Analysis INORGANIC CHEMISTRY pH Value Spec. Conductance Total Alkalinity mg/L Total Hardness mg/L Total Calcium Silica mg/L Total Dissolved Solids mg/L 6.5-8.5 7.5 604 umho/cm 214 mg/L 332 mg/L 79.5 mg/L 16.3 mg/L 405 mg/L Values below this point in mg/L or parts per million Magnesium 28 Sodium 15.5 Chloride 250.000 41 Sulfate 250.000 64 Ammonia (as N) 0.26 Total Organic Carbon ND Iron 0.300 <0.1 Manganese 0.006 Antimony 0.006 ND Arsenic 0.010 0.003 Beryllium 0.004 ND Barium 2.000 0.13 Cadmium 0.005 ND Chromium 0.100 ND Copper 1.300 0.2 Fluoride 4.000 0.78 Lead 0.015 0.002 Mercury 0.002 ND Nickel 0.100 ND Nitrate (as Nitrogen) 10.000 4.7 Selenium 0.050 0.0019 Silver 0.005 ND Thallium 0.002 ND RADIONUCLIDES Gross Alpha 15 pCi/L 2.81 pCi/L Radium 226 5 pCi/L 0.42 pCi/L Radium 228 5 pCi/L 0.47 pCi/L Combined Radium 5 pCi/L <1.0 pCi/L Uranium 30 ppb 1.7ppb ND - Not Detected Maximum Waterloo Contaminant Water Level Analysis Values below this point in mg/L or parts per million VOLATILE ORGANIC Halo Acetic Acids Trihalomethanes (THM) 1,1-Dichloroethylene 1,2-Dichloroethane 1,2-Dichloropropane 1,2,4-Trichlorobenzene 1,1,1-Trichloroethane 1,1,2-Trichloroethane Benzene Carbon tetrachloride cis-1,2-Dichlroethylene Dichloromethane Ethylbenzene Monochlorobenzene 1,2-Dichlorobenzene 1,4-Dichlorobenzene Styrene Tetrachloroethylene Toluene trans 1,2-Dichloroethylene Trichloroethylene Vinyl Chloride Xylenes (Total) SYNTHETIC ORGANICS 2.4-D 2,4,5-TP (Silvex) Alachlor (Lasso) Aldicarb Aldicarb Sulfone Aldicarb Sulfoxide Atrazine Carbofuran Chlorodane Dalapon Dinoseb Diquat Endrin Endothall Lindane Methoxychlor Oxamyl (Vydate) 0.060 <0.005 0.080 0.014 0.007 ND 0.005 ND 0.005 ND 0.070 ND 0.200 ND 0.005 ND 0.005 ND 0.005 ND 0.070 ND 0.005 ND 0.700 ND 0.100 ND 0.600 ND 0.075 ND 0.100 ND 0.005 ND 1.000 ND 0.100 ND 0.005 ND 0.002 ND 10.00 ND 0.070 ND 0.050 ND 0.002 ND 0.003 ND 0.003 ND 0.004 ND 0.003 ND 0.040 ND 0.002 ND 0.200 ND 0.007 ND 0.020 ND 0.002 ND 0.100 ND 0.0002 ND 0.040 ND 0.200 ND Page 13 Page 304 of 736 Water Production Operational Report 2024 The water operators collect and test over 72 bacteriological samples per month throughout the distribution system. Additionally, more than 30 samples are collected and tested from the wells, water towers, individual residences, and special projects on a monthly basis. Over 1,100 bacteriological samples were analyzed in 2024. Water operators test daily for free and total chlorine at the pumping station, wells and at various backup locations in the distribution system. A chlorine residual of at least 0.3 mg/L must be maintained in the system to provide continuous disinfection of the drinking water to the consumer's tap. In addition, all source entry points have real-time chlorine analyzers that are monitored by our operators to make sure that acceptable chlorine residuals are maintained at all times throughout the distribution system. Water operators test daily for orthophosphate residuals at the pumping station, wells and at various backup locations in the distribution system. An orthophosphate residual of at least 0.3 mg/L must be maintained throughout our distribution system. The addition of orthophosphate for corrosion control was required by the Iowa Department of Natural Resources (IDNR). The Water Works started injecting orthophosphate November 1, 2022. Water operators test daily for Fluoride residuals at the pumping station, wells, and at various backup locations in the distribution system. Our goal is to maintain an average of 0.70 mg/L in our distribution system per Center for Disease Control (CDC) recommendation. Keystone Laboratory checks one fluoride sample per month and the results are reported to the Iowa Department of Natural Resources. Water operators test daily for Nitrate concentration at all well locations in operation. The Water Works sends samples to Keystone Laboratories from wells on a monthly, quarterly, and yearly basis in accordance to our Public Water Supply Operation Permit. In addition, three source entry points have real-time nitrate analyzers that monitor the nitrate concentration throughout the distribution system. The total number of bacteriological, chlorine, fluoride, orthophosphate, nitrate, pH and other water quality analyses conducted by Water Works personnel amounts to over 12,000 tests per year. Sampling is completed by water works staff, but several analyses are conducted by outside state certified testing laboratories for compliance. Water Works' buildings and facilities are inspected and maintained daily. Electrical Systems, SCADA (Supervisory Control and Data Acquisition) Controls, Well Pumps, Standby Generators, Water Lines and Water Tower Fencing are all repaired as needed to ensure the citizens of Waterloo an extremely reliable water system. The well grounds are maintained in such a way as to provide a park -like atmosphere. Mowing of grounds is contracted for 2023- 2025. Page 14 Page 305 of 736 Free Service: The following table shows the free water service rendered to the City of Waterloo at various metered locations. 2023 2023 2024 2024 Gallons Dollars Gallons Dollars Cultural & Arts Commission 277,527 $ 990.99 1,015,855 $ 3,326.76 Young Ice Arena 3,543,522 10,673.28 3,240,561 10,313.40 Sportsplex 3,078,982 9,774.60 2,535,896 9,205.02 Mark's Park 3,178,473 8,154.00 2,220,966 6,465.33 Leisure Services 13,259,239 41,495.62 27,071,254 81,736.26 Golf Courses: South Hills 19,999,170 52,009.81 15,296,167 43,513.32 Gates Park 23,559,150 59,948.79 19,992,438 55,160.28 Byrnes Park/Iry Warren 16,692,032 44,354.78 9,391,793 28,140.60 Fire Department 671,451 5,235.41 610,410 6,270.60 Parking Ramps 14,961 356.52 12,717 365.40 Swimming Pools 6,994.286 18,928.68 0 3,804.00 Sewer Department 1,861,153 6,232.37 1,639,730 5,773.32 Library 141,382 1,148.01 133,901 1,058.04 Water Pollution Control 81,498,769 188,933.40 98,586,521 237,494.40 Yard Waste/Compost Site 3,568,208 12,556.68 374,026 4,939.92 Convention Center 358,317 2,019.99 324,655 2,013.24 City Buildings 2,701,964 19,612.48 5,933,548 28,739.16 Airport 17,953 135.48 12,717 135.48 Old Crystal Ice buildings 0 0 8,297,393 22,671.25 181,416,541 $482,560.89 196,690.549 $551,126.25 Additional free water service was furnished unmetered to city departments for fire protection, sewer flushing, street cleaning and other purposes. Page 15 Page 306 of 736 OFFICE Office Manager Cassie Dufel Billing: Only active accounts Accounts Amount Billed shown Residential 25,166 $4,546,169.84 Commercial 2,675 $6,144,389.22 Industrial - John Deere 23 $ 621,320.87 Waterloo Schools 21 $ 56,600.98 Accounts — Waterloo 27,885 Subtotal $11,368,480.91 Raymond 326 $65,753.67 Washburn 380 $ 64,042.11 Washburn Rural 73 $ 19,118.38 Kimball Project 105 $ 38,926.90 Accounts — Outside City 884 Subtotal $187,841.06 Accounts — Grand Total 28,769 Bulk Sale to: CCF Amount Billed Hudson 92,367 $171,307.30 Elk Run Heights 37,660 82,008.39 Subtotal $253,315.69 Total Billed Water Sales (unaudited) $11,809,637.66 Water Sales Other (By Invoice) $42,021.58 Fire Protection, Annual $101,627.88 5,954 Electronic Banking Customers 4,333 Final Bills Personnel: 12/31/22 12/31/23 12/31/24 Admin & Office (Full-time) 12 12 12 Distribution & Meter Division 17 17 17 Pumping Station 7 7 7 35 36 36 Plus temporary summer hydrant painting employees. Waterloo Water Works also bills and collects sanitary sewer, storm sewer, garbage, yard waste and yard waste site maintenance billing for the City of Waterloo. Page 16 Page 307 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Chad Coon, General Manager Water Works Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Motion to receive and file the 2026 Budget of the Waterloo Water Works and authorize the City Clerk to file said documents with Black Hawk County Auditor. 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. Affidavit of publication 2. ADOPTED BUDGET CERTIFICATE 2026 Page 308 of 736 3. ADOPTED BUDGET SUMMARY 2026 - Board 4. Signed budget certificate Page 309 of 736 Department of Management ADOPTED BUDGET CERTIFICATE CERTIFICATION To: Waterloo City Council At a meeting of the Waterloo Water Works Board of Trustees, held after public hearing as required by law, (Governing Board) on November 20, 2025, the proposed budget for calendar year 2026 was adopted as summarized and attached hereto. Telephone Area Code (319) 232-6280 Chad Coon Board Secretary Address P.O. Box 27, 325 Sycamore Street Waterloo, Iowa Zip 50704 Record of Public Hearing and Adoption of Budget: On November 20, 2025, Waterloo Water Works Board of Trustees met for the purpose of conducting a public hearing on the proposed CY 2026 budget as published. Notice of time and place of hearing had been published on November 6, 2025 in the Waterloo Courier and the affidavit of publication was available to file with the City Council. The budget estimate was considered and taxpayers and residents heard for and against said estimate were as follows: No oral or written comments were received. After giving opportunity for all desiring to be heard, the Board adopted the following budget resolution: A RESOLUTION ADOPTING THE BUDGET FOR THE CALENDAR YEAR ENDING DECEMBER 31. 2026. BE IT RESOLVED by the Waterloo Water Works Board of Trustees: The budget for calendar year ending December 31, 2026, as set forth in the Adopted Budget Summary and in the detailed budget in support thereof showing the estimated revenues and expenditures for said calendar year is adopted, and the Secretary is directed to make the filing required by law and to set up the books in accordance with the summary and detail as adopted. Passed and approved on November 20, 2025, by the following vote: (list names) Ayes: Potter Nays: None Wall Wienands Absent: None Chairperson Mary Potter Attest: Secretary Chad Coon Page 310 of 736 WATERLOO WATER WORKS NAME OF ENTERPRISE REVENUES & OTHER FINANCING SOURCES EX Exc ADOPTED BUDGET SUMMARY Budget CY 2026 Re -Estimated CY 2025 CALENDAR YEAR 2026 Actual CY 2024 Use of Money and Property (line 398) 241 271 301 Charges for Services (line 414) 243 $ 12,336,015 273 $ 12,160,832 303 $ 11,815,916 Miscellaneous (line416) 245 $ 1,323,000 275 $ 2,296,992 305 $ 3,081,734 Operating Transfers In (line 417) 247 277 307 Proceeds of Long Term Debt/FEMA (line 418) 248 278 308 Proceeds of Fixed Asset Sales (line 419) 249 279 309 Total Revenues & Other Financing Sources 250 $ 13,659,015 280 $ 14,457,824 310 $ 14,897,650 'ENDITURES & TRANSFERS OUT Expenditures (line 386) 255 $ 23,147,500 285 $ 14,332,861 315 $ 15,519,705 Transfers Out (line 387) 259 289 319 Total Expenditures & Transfers Out 260 $ 23,147,500 290 $ 14,332,861 320 $ 15,519,705 ass of Revenues & Other Sources Over (under) Expenditures & Transfers Out 261 $ (9,488,485) 291 $ 124,963 321 $ (622,055) Beginning Fund Balance as originally reported (line 390) 262 $ 23,698,784 292 $ 23,573,821 322 $ 24,195,876 Adjustment to actual Beginning Fund Balance as restated January 1 Ending Fund Balance December 31 (line 388) 263 $ 14,210,299 293 $ 23,698,784 323 $ 23,573,821 (line XXX) is line reference from the detail page Page 311 of 736 WATERLOO WATER WORKS NAME OF ENTERPRISE RESOURCES DETAIL Beginning Fund Balance, January 1 Use of Money & Property Charges for Services: Hospital Water Sewer Electric Gas Total Charges for Services Miscellaneous Other Financing Sources: Operating Transfers In Proceeds of Long Term Debt/FEMA Proceeds of Fixed Asset Sales Total Resources Budget CY 2026 CALENDAR YEAR 2026 Re-Estimted CY 2025 Actual CY 2024 390 $ 23,698,784 $ 23,573,821 $ 24,195,876 398 411 404 $ 12,336,015 $ 12,160,832 $ 11,815,916 405 406 407 414 416 $ 1,323,000 $ 2,296,992 $ 3,081,744 417 418 419 421 $ 37,357,799 $ 38,031,645 $ 39,093,536 Expenditures: Total Expenditures: REQUIREMENTS DETAIL Hospital Water Sewer Electric Gas Transfers Out Ending Fund Balance December 31 Total Requirements Budget CY 2026 Re -Estimated CY 2025 Actual CY 2024 338 360 $ 23,147,500 $ 14,322,861 $ 15,519,705 357 361 362 386 $ 23,147,500 $ 14,322,861 $ 15,519,705 387 388 $ 14,210,299 $ 23,698,784 $ 23,573,821 389 $ 37,357,799 $ 38,031,645 $ 39,093,536 Page 312 of 736 WATERLOO WATER WORKS NAME OF ENTERPRISE REVENUES & OTHER FINANCING SOURCES EX Exc ADOPTED BUDGET SUMMARY Budget CY 2026 Re -Estimated CY 2025 CALENDAR YEAR 2026 Actual CY 2024 Use of Money and Property (line 398) 241 271 301 Charges for Services (line 414) 243 $ 12,336,015 273 $ 12,160,832 303 $ 11,815,916 Miscellaneous (line416) 245 $ 1,323,000 275 $ 2,296,992 305 $ 3,081,734 Operating Transfers In (line 417) 247 277 307 Proceeds of Long Term Debt/FEMA (line 418) 248 278 308 Proceeds of Fixed Asset Sales (line 419) 249 279 309 Total Revenues & Other Financing Sources 250 $ 13,659,015 280 $ 14,457,824 310 $ 14,897,650 'ENDITURES & TRANSFERS OUT Expenditures (line 386) 255 $ 23,147,500 285 $ 14,332,861 315 $ 15,519,705 Transfers Out (line 387) 259 289 319 Total Expenditures & Transfers Out 260 $ 23,147,500 290 $ 14,332,861 320 $ 15,519,705 ass of Revenues & Other Sources Over (under) Expenditures & Transfers Out 261 $ (9,488,485) 291 $ 124,963 321 $ (622,055) Beginning Fund Balance as originally reported (line 390) 262 $ 23,698,784 292 $ 23,573,821 322 $ 24,195,876 Adjustment to actual Beginning Fund Balance as restated January 1 Ending Fund Balance December 31 (line 388) 263 $ 14,210,299 293 $ 23,698,784 323 $ 23,573,821 (line XXX) is line reference from the detail page Page 313 of 736 WATERLOO WATER WORKS NAME OF ENTERPRISE RESOURCES DETAIL Beginning Fund Balance, January 1 Use of Money & Property Charges for Services: Hospital Water Sewer Electric Gas Total Charges for Services Miscellaneous Other Financing Sources: Operating Transfers In Proceeds of Long Term Debt/FEMA Proceeds of Fixed Asset Sales Total Resources Budget CY 2026 CALENDAR YEAR 2026 Re-Estimted CY 2025 Actual CY 2024 390 $ 23,698,784 $ 23,573,821 $ 24,195,876 398 411 404 $ 12,336,015 $ 12,160,832 $ 11,815,916 405 406 407 414 416 $ 1,323,000 $ 2,296,992 $ 3,081,744 417 418 419 421 $ 37,357,799 $ 38,031,645 $ 39,093,536 Expenditures: Total Expenditures: REQUIREMENTS DETAIL Hospital Water Sewer Electric Gas Transfers Out Ending Fund Balance December 31 Total Requirements Budget CY 2026 Re -Estimated CY 2025 Actual CY 2024 338 360 $ 23,147,500 $ 14,322,861 $ 15,519,705 357 361 362 386 $ 23,147,500 $ 14,322,861 $ 15,519,705 387 388 $ 14,210,299 $ 23,698,784 $ 23,573,821 389 $ 37,357,799 $ 38,031,645 $ 39,093,536 Page 314 of 736 Department of Management ADOPTED BUDGET CERTIFICATE CERTIFICATION To: Waterloo City Council At a meeting of the Waterloo Water Works Board of Trustees, held after public hearing as required by law, (Governing Board) on November 20, 2025, the proposed budget for calendar year 2026 was adopted as summarized and attached hereto. Telephone Area Code (319) 232-6280 Chad Coon Board Secretary Address P.O. Box 27, 325 Sycamore Street Waterloo, Iowa Zip 50704 Record of Public Hearing and Adoption of Budget: On November 20, 2025, Waterloo Water Works Board of Trustees met for the purpose of conducting a public hearing on the proposed CY 2026 budget as published. Notice of time and place of hearing had been published on November 6, 2025 in the Waterloo Courier and the affidavit of publication was available to file with the City Council. The budget estimate was considered and taxpayers and residents heard for and against said estimate were as follows: No oral or written comments were received. After giving opportunity for all desiring to be heard, the Board adopted the following budget resolution: A RESOLUTION ADOPTING THE BUDGET FOR THE CALENDAR YEAR ENDING DECEMBER 31, 2026. BE IT RESOLVED by the Waterloo Water Works Board of Trustees: The budget for calendar year ending December 31, 2026, as set forth in the Adopted Budget Summary and in the detailed budget in support thereof showing the estimated revenues and expenditures for said calendar year is adopted, and the Secretary is directed to make the filing required by law and to set up the books in accordance with the summary and detail as adopted. Passed and approved on November 20, 2025, by the following vote: (list names) Ayes: Potter Nays: None Wall Wienands Absent: None Attest: Pot/e/t) �arr PXter Chairperson Secretary Chad Coon Page 315 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department December 1, 2025 AGENDA ITEM TITLE Motion to receive and file the 2026 Budget of Waterloo Fiber and authorize the City Clerk to file said documents with Black Hawk County Auditor. 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. FY 2026 Waterloo Fiber Management Model Budget Page 316 of 736 710 BROADBAND OPERATIONS Revenue Misc Fees/Taxes Collected Internet Service TV Service Phone Service Total Revenue Expenditures Wages & Salaries Employee Benefits Cost of Goods Sold Operating Supplies/Services/Int Building Lease Misc Fees/Taxes Pd Total Expenditures Net Addition to Net Assets 711 BROADBAND CAPTIAL Total Build: FY2025 RE -EST FY2026 BUDGET $ 5,000 $ 10,000 625,000 2,368,800 475,900 84,600 $ 630,000 $ 2,939,300 $ 1,077,900 $ 1,507,600 526,100 920,000 178,700 997,100 729,600 860,000 175,000 175,000 3,200 15,500 $ 2,690,500 $ 4,475,200 $ (2,060,500) $ (1,535,900) 2025 2026 $ 20,709,400 $ 33,004,200 Page 317 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Motion to approve the appointment of Barkley Hill from the current Civil Service List to the position of Equipment Operator II in the Street Department, effective December 2, 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. EO II (exp 10.26) 2. EQUIPMENT_ OPERATOR_ II_6.2025_(KNIGHT)[1] Page 318 of 736 CITY OF 4VjATERLO 0 IOWA Community of Opportunity November 3, 2025 TO: Honorable Mayor & City Council 715 Mulberry St, Waterloo, IA 50703 9 Phone: (319) 291-4303 t• Fax: (319) 291-4569 a CITYOFWATERLOOIOWA.COM We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Equipment Operator II for the City of Waterloo, Iowa Public Works Street Department. This list shall be used to fill any vacancy in the Equipment Operator II classification from November 3, 2025 — November 3, 2026. Respectfully submitted, Dr. Bev Smith Date CERTIFIED LIST Haris Tricic Barkley Hill Jack Maus David Weber Dr. Robert Welch Date Marianne Kurtenbach Date *January 6, 2025 the Waterloo City Council voted to suspend the Civil Service hiring practices for entrance positions as allowed by the Iowa Administrative Code section 400.12A until January 6, 2026; therefore no signatures are required to certify this list. Docusign Envelope ID: 763DA8DB-2CB6-431E-832C-1D7B64A3AA44 rr,tcaviv IN EL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or ® To fill a vacancy ❑ Active Civil Service List Expires: Current list exhausted A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Equipment Operator II Department: Public Works - Street Dept Reports To: Street Director Work Location: 625 Glenwood Street Employment Status: ® Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ►1 Yes 0 No.. Internal Posting Only Bargaining Position: ® Yes ❑ No ` ❑ Internal Posting and External Advertising Bargaining Group: 177 Non -bargaining Position: ❑ Yes El No ************************************************************************************************* Complete the following if the requisition is to fill a vacancy: n New Position or ® Replacement Position for: Dustin Knight (Specify name atuNde of former incumbent) If replacement, former incumbent: ® Retired/Resigned/Terminated n Transferred ❑ Promoted Date incumbent terminated employment: 5.2.2025 Date of final payout: 5.30.2025 Anticipated start date: Fall 2025 No. of hours/week: 40 Work schedule: 7:00am — 3:00pm Justification of need for position: Filling a vacancy. What are the likely consequences if the position is not filled? Street Dept projects will take longer to complete or may not be attempted due to lack of personnel. APPROVALS Annual salary requirements: 65,894.40 Hourly Rate: 31.68 Benefits: 49.44 / 102,830.57 (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? ® Yes ❑ No If no, how will position be funded? Approved subject to the following conditions: Sheila Steffen 6.4.2025 ing,:Department Head 73u,c4,Or Wood ,-DocuSigned by: atatttlit, kar 6/17/2025 Date .1VIa 6/16/2025 25D78AAC8449... ned by: V 6/12/2025 Date >;e _ meta 1 icer Date • • :' RtWft Director Date t,ltiSS 6/12/2025 alaiWolk& Committee Chairperson Date Created 6/30/2017 Page 321 of 736 Docusign Envelope ID: 763DA8DB-2CB6-431 E-832C-1 D7B64A3AA44 PERSONNEL REQUISITION Equipment Operator II The following questions are provided as guidelines to assist you in developing your rational for the position of Equipment Operator II 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? Heavy equipment operator. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The department has operators in similar classifications, however, a reduced number of operators will directly impact the ability to provide timely services for the city and its citizens. (3) How is the work of this position being accomplished now? Reduced number of operators means reduced tasks that can be completed. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is necessary for the department to meet its objectives, i.e. seal -coating, grading, ditching, maintaining shoulders, street sweeping and snow & ice control. (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. The position is directly related to providing citizen services in a timely manner. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? The department pays overtime only as necessary. These positions are assigned projects and routes critical to meet the demands of our citizen support programs. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The department workload is multi -faceted - citizen Page 322 of 736 Docusign Envelope ID: 763DA8DB-2CB6-431 E-832C-1 D7B64A3AA44 (9) complaints, annual preventative maintenance, seasonal street maintenance, and storm water ordinance compliance. 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. Less equipment operators means less material loads to and from the work site, increased idle time for other personnel waiting for product, an increase in snow removal overtime, and less equipment personnel available to handle snow emergencies. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As in any position, some jobs cannot be completed with the timeliness expected of both the department and the citizen. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? It would not be practical to outsource the duties of the equipment operator. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? It is comparable to all building and commercial fire inspections. It is equally important. During snow emergencies, many businesses cannot operate without access to their businesses. The contribution of this position is critical to the overall objectives of the department. (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 develop a customer -centered, service delivery approach. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 323 of 736 Docusign Envelope ID: 763DA8DB-2CB6-431 E-832C-1 D7B64A3AA44 CITY OF x TERLOO IOWA Ca;nm;munrry of Opportcrr ity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION EQUIPMENT OPERATOR II PUBLIC WORKS —STREET DEPARTMENT This may be an 11:00 p.m.- 7:00a.m shift after training is completed DEPARTMENT STREET SALARY $30.68, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT MUNICIPAL EMPLOYEES LOCAL #177 GENERAL STATEMENT OF DUTIES Performs skilled construction and street maintenance involving the safe operation of mixer, reclaimer, rotomill, pulverizer/mixer, mechanical/vacuum sweeper, end loader, grader, vibratory roller, track/wheeled excavator and wheeled backhoe and Equipment Operator I equipment such as snowplow, dump truck, salt/sand truck and equipment requiring a class A CDL with air brakes and tanker endorsement. Equipment Operator I functions such as pothole patching, oiling, shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic, erecting barricades, loading, hauling and plowing snow. The work is performed under the general direction of the Street Director and a Street Foreman. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Operates mixer, reclaimer, rotomill, pulverizer/mixer, mechanical sweeper, end loader, grader, vibratory roller, track/wheeled excavator and wheeled backhoe and Equipment Operator I equipment such as snowplow, dump truck, salt/sand truck and equipment requiring a class A CDL with air brakes, and tanker endorsement. 2. Performs routine street repairs such as pothole patching and oiling, and general maintenance and labor duties such as shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic and erecting barricades. 3. Assists in preparation for winter by erecting snow fence, installing plows, wings, spreaders on trucks and spraying anti -icing material. 4. Assists in loading, hauling and plowing snow and operating sand/salt trucks during snow emergencies. Page 324 of 736 Docusign Envelope ID: 763DA8DB-2CB6-431E-832C-1 D7B64A3AA44 5. Participates in special service programs such as emergency storm damage clean up. 6. Assists in projects such as cleaning, mowing and maintenance of property. 7. Fills and sets sandbags, erects barricades and assists in monitoring flood pumps during flood emergencies. 8. Cleans roadside ditches of brush with weed trimming equipment or chain saw. 9. Washes vehicles, changes tires, plow blades, plow markers and general equipment and vehicle repairs. 10. General maintenance of city buildings including carpentry, plumbing, flooring, cleaning and painting. 11. Assists other departments as needed (Example would be mechanical work in the garage or picking up refuse in the Sanitation Department.) 12. Works in busy traffic areas, operating street maintenance equipment or on foot. 13. Performs street maintenance and repairs in trenches and on uneven ground. 14. Performs work of a repetitive nature and varied workload pace. 15. Works independently and with others with minimum supervision. 16. Attends work regularly at the designated place and time. 17. Works outside in all weather conditions; works near moving vehicles and equipment; operates equipment and tools that cause vibration; noise level is often loud; atmosphere may contain dust and fumes from traffic. 18. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Public Works safety rules and regulations. 19. Performs all other related duties as assigned. REQUIRED KNOWLEDGE SKILLS, AND ABILITIES 1. Knowledge of traffic and safety rules. 2. Ability to safely operate specified equipment as well as dump truck, snowplow, sand/salt truck, concrete saw, air hammer and other power and hand tools used in street construction and maintenance work. 3. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic areas or extreme weather conditions. 4. Ability to learn the City street layout. 5. Ability to read street signs, chemical hazard labels and written directions of supervisors. 6. Ability to work alone when operating snow removal equipment. 7. Ability to complete daily work sheets whether written and/or the use of a computer, tablet, etc. 8. Ability to complete assigned work projects without direct supervision. 9. Ability to respond to questions and comments from the public tactfully and politely. 10. Ability to communicate effectively and maintain working relationships with other city employees, supervisors and the public. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, safety vest, hearing protection, gloves and hardhat. Page 325 of 736 Docusign Envelope ID: 763DA8DB-2CB6-431 E-832C-1 D7B64A3AA44 2. Must comply with City of Waterloo Residency Policy for Critical Employees (must live within 30- mile radius of Waterloo City Hall within period as determined by department head). Must maintain a local telephone number where can be contacted quickly. 3. Must submit to Department of Transportation requirements including pre -employment, post - accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 4. 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. 5. Must submit to and pass Civil Service examination procedures including an equipment test involving Street Department vehicles and equipment operated in this classification and a panel interview. ACCEPTABLE EXPERIENCE & TRAINING 1. High school diploma/GED. 2. Minimum two years of related street construction experience in all types of weather conditions. Experience must be verifiable. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 3. Valid Class A Commercial Driver's License with tanker and air brakes endorsements and good 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 ten 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 accidents within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks. 2. Sufficient physical and mental stamina, to work up to 16 hours during snow or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio. 4. Sufficient color vision, depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions. 5. Sufficient dexterity to safely operate powered and manual street maintenance tools. Page 326 of 736 Docusign Envelope ID: 763DA8DB-2CB6-431 E-832C-1 D7B64A3AA44 6. Sufficient hearing to understand verbal instructions, respond to questions from the public and hear traffic in work areas. 7 Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. 8. For applicants that meet the essential physical abilities standards, reasonable accommodations may be considered. WORK SCHEDULE Will be assigned a shift that is 7:00 a.m.-3:00 p.m. or 3:00 p.m.-11:00 p.m. or 11:00 p.m.-7:00 a.m. Will generally work Monday through Friday with twenty -minute paid lunch. Will be required to respond to emergency calls on weekends, evenings and holidays generally caused by weather. There may be significant overtime during severe snow emergencies or flooding. EQUIPMENT EXAMINATION All qualified applicants who apply by the deadline date will be required to participate in an equipment examination that will test skills in operating equipment used in this job classification. An applicant must receive a minimum of 80 out of 100 points to achieve a passing score on the equipment examination. The equipment examination will count 60% of the overall test score. ORAL EXAMINATION Those applicants who pass the equipment examination will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An applicant must receive a minimum average score of 60 points out of 100 to achieve a passing score on the oral examination. The oral examination will count 40% of the overall test score. The top applicants, as ranked by their scores as determined by combining 60% of the equipment examination score with 40% of the oral examination score will be the individuals placed on the certified list. Appointment is contingent on passing a physical examination including a drug test and possession of a good driving record based on the City of Waterloo driver performance criteria. Applicants who qualify as outlined and who are full-time regular employees of the City of Waterloo will have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service -connected disability. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Equipment Operator II February 2025 Page 327 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Motion to approve the appointment of Senada Muhic from the current Civil Service List to the position of Compliance Supervisor in the Housing Authority Department, effective December 2, 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. COMPLIANCE_ SUPERVISOR_9.2025 2. Compliance Supervisor (EXP 10.26) Page 328 of 736 Docusign Envelope ID: BC9AEO3C-35E5-4CD3-BA56-0C0E95DD2760 Docusign Envelope ID: F372C881-97B6-45C9-AADE-B8445CCE24F5 PERSONNEL REQUISITION FORM (h k as applicahle: To .A proposed job tit Human Resources. Position'I itle: Compliance Super Reports To: recruiting or civil service prt Active Civil Service List To fill a vacancy questionnaire nitlt st ace pony tlhis form at time of subzr issiut to keisha t'easley, Director EmpIo meat Status': Type of Position: Civil Service Position: Bargaining Position: Bargaining Croup: Non-hargaining Position: **************** Complete the follow in New Position If replacement, ff Date incumbent to El Regular Full Tin LI Regular Par E Regular 7-Month ent Housing Autho: einporary Full Titn crape rat Part `I":itli ntern!Co-op Studer tc requisition is to fill a v°acancy: Replacement Position for: ploy ttnended Recruitmet ernal Posting Only Internal Posting and E„ t Sources: temal Advertise s pc etf name and titre of former incumbent) { Retired/Resigned/`t'ernti tated� . ;`` .... Transferred Anticipated start date: ASAP No> ofhou Date of ork schedule Annex) Promoted tat payout: 8:00 a.m.— 5:00 p.m. Mond Friday Justification ofneed for position: The Conplianc Super- isor primarypurpose of this position is to assist with compliance and quality ° control of the Housing Choice Voucher Program (HCVP) and ensure compliance with Hf 1D's new federal regulations under HOTMA legislation, new h< using inspection requires under !I UD's NSPIRE program and manage the new Lan !lord Rental Mitigation Fund and manage a smaller HCV caseload What are the likely consequences if the position is not filled? This position is es ential and extremely inqv. increase funding, to advance 'meeting local housing challenges and expand the work and impact of the Hou Authority within community, The Compliance Supervisor would work alongside the Executive Director in managing the changes of HOTMA regulatory' requirements. i)tlplc ettt the I.:,andlord Rental Mitigation Fund, and strategize ways to expand our budget. Annual salary require Is position budgeted for the. Reserve Funds. Approved subjec (,tkasl a lJuistui Submitting 1)epartrnc wad bK1,41111'etaI ()Ricer ,,F human Kesources :om Created (i 30 20I7 o the foliowring condition 8/18/2025 ieasi Dale 9/ 11 /2025 9/ 11 /2025 late ittee ers( t)ate APPROVALS burly Rate: ,. (Parolttax Yes No If 11o, how Get tifim N-art ax eye VUhty rtll ffteiC`z t urces Dir 7' tealth ms - a,&uming family) position be funded;' Adrnin Page 330 of 73'6 Docusign Envelope ID: BC9AEO3C-35E5-4CD3-BA56-0C0E95DD2760 PERSONNEL REQUISITION The following questions are provided as guidelines to assist you in developing your rational for the position of Compliance Supervisor in the Housing Authority 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 the meeting with the Mayor. (1) What are the key job responsibilities of this position? The Compliance Supervisor's primary purpose of this position is to assist with the management of the Housing Choice Voucher Program (HCVP) to ensure compliance and accurate implementation with HUD's new federal regulations under the HOTMA legislation and new inspection protocol called NSPIRE. The position will further support staff to achieve department goals by increasing billable case files that will result in increased program revenue. The position will ensure all related procedures and policies are compliant with existing HUD, state, and local regulations as well as HCVP policies. The employee will also coordinate, develop, implement, and monitor special projects also. This position will manage the Landlord Rental Mitigation Fund (LRMF) which will provide financial backing of up to $2,000 per household to decrease the risk of financial loss in the event of damages beyond the amount of the original security deposit. Participating Landlords will be eligible to submit a claim request up to 45 days after the participating tenant has vacated the rental property. The fund will NOT cover late rent payments or damages while the tenant is still residing in the unit. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not?. No. Currently the Executive Director is managing the responsibilities. (3) How is the work of this position beingaccomplished now? Currently he Executive Director is managing the responsibilities. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes, they are currently being utilized to their maximum potential and beyond. (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)? Public Housing Agencies (PHAs) must implement many of the program changes brought about by the Housing Opportunity Through Modernization Act of 2016 (HOTMA). Sections 102 and 104 of HOTMA makes sweeping changes to the United States Housing Act of 1937 (1937 Act), particularly those affecting income calculations and annual/interim reviews. Section 102 changes requirements related to income reviews for Public Housing and Section 8 programs. Section 104 sets maximum asset limits for Public Housing and Section 8 applicants and participants. Page 1 of 5 Page 331 of 736 Docusign Envelope ID: BC9AEO3C-35E5-4CD3-BA56-0C0E95DD2760 The Compliance Supervisor position is integral to helping us navigate HOTMA changes, support agency growth and expansion, and contribute to the continued success of the agency overall. We need this position to closely monitor files as staff become acclimated to HOTMA changes. We currently have: • Housing Choice Voucher -Traditional Section 8 Program, • VASH — Veterans Affairs Supportive Housing Voucher Program • FYI - Foster Youth to Independence Voucher Program • EHV - Emergency Housing Vouchers Program • Section 8 Homeownership Voucher Program • Family Self- Sufficiency (FSS) Program • Public Housing Units— Ridgeway Towers Senior Complex We must have full staff to complete accurate work adhering to HUD guidelines, provide good customer service to tenants, landlords, and the public. Additionally, our department recently completed an organizational assessment and one of the key recommendations is that we have a compliance supervisor to increase productivity, efficiency and revenue for -our organization. (see AMA Consulting Report) (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? A full-time compliance supervisor will ensure our agency is receive majority of our funding, which will increase our revenue; we are currently billing at an average of 88% of our available funding. A compliance supervisor would help increase funding from HUD by: decreasing staff billing errors, increased file accuracy, decreasing the length of time from rental voucher issuance to leasing up (which is how we get paid) and more families securing safe, affordable, sanitary housing instead of losing their vouchers. Our annual budget is tied to the number of families we successfully issue vouchers to and the families subsequently obtaining a signed lease for housing by the first of the month. Our department's annual budget is tied to the, number of families who successfully obtain a lease for housing. Currently we have 1091 vouchers allocated to our agency. (See attachment-PUC Analysis) Historically, we have not fully billed at our full capacity, based on my program assessment, due to the following reasons: a) New section 8 vouchered families are not able to secure housing to lease up, so we can't bill HUD; b) Staff are not ensuring familiesareleasing up by the first of the month. HUD requires the families are leased up by the first of the month to receive admin fee for that month or we don't receive it for that month and resulting in us not receiving administrative fees until the next month. c) We are currently billing at 88% consistently and I am confident with a compliance supervisor we can be at 95% or greater because the supervisor would monitor and pull staff files bi-weekly to track billing opportunities. If you review our PUC Analysis attachment, you can see we are missing out on up to a half million dollars of rental assistance due to our inability to lease up families and additional administrative fees were eligible for. Page 2 of 5 Page 332 of 736 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? No (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. (9) We are in need of a Compliance Supervisor because our agency needs are evolving because of staff turn over. New HUD federal regulations called HOTMA will increase case management responsibilities for our agency. HOTMA introduces the first substantial amendments to Section 8 rules in decades, with most rules taking effect on January 1, 2025, and compliance mandated by January 1, 2025. The Housing Opportunities through Modernization Act (HOTMA) of 2016 includes significant changes to how income, assets, and rent are handled on HUD Programs. HOTMA changes nearly everything in affordable housing compliance — from voucher programs to HUD project based rental assistance (PBRA) programs, Public Housing, as well as many other programs such as Low Income Housing Tax Credit, USDA/RD, and HOME funds. We currently have 6 voucher programs that we must ensure compliance for: • Housing Choice Voucher -Traditional Section 8 Program, • VASH - Veterans Affairs Supportive Housing Voucher Program • FYI - Foster Youth to Independence Voucher Program • EHV - Emergency Housing Vouchers Program • Family Self- Sufficiency (FSS) Program • Section 8 Homeownership Program We currently have 2,000 people on our waitlist (which is approaching a 3-yr waitlist). HUD asked if we could handle more vouchers allocated to our agency and at this point, I must decline because of inability to get families leased up. 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. Our agency's current status with HUD is a High -Performing Agency. The high performer designation indicates that the Housing Authority meets basic performance standards and demonstrates an exemplary level of competency in the administration of the program. Receiving a high-performance status means the Housing Authority is eligible for both a capital funds bonus and other performance incentives as designated by .HUD. It is possible that we will be unable to maintain our work at a high level of accuracy and increase billing revenue to grow our agency. We could incur reductions in our funding if we are unable to keep vouchers leased at 95% due to inadequate staffing to conduct briefings and lease up available vouchers. Page 3 of 5 Page 333 of 736 Docusign Envelope ID: BC9AEO3C-35E5-4CD3-BA56-0C0E95DD2760 The part-time book-keeper and Executive Director handles all financial reporting, billing and monitor file compliance. Currently file calculations, participant lease - up, annual recertifications, etc. are completed by the housing coordinator. But this current process is keeping our agency stagnate and at status quo because there is little time to assess, strategize and innovate to grow. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? This is a new position. But the Executive Director could temporarily cover the responsibilities for this position whenever the incumbent is out on vacation. (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, we need someone in the office to monitor files and coach staff to accurately complete program calculations, pull monthly reports, track billing activity, etc. Additionally, the Housing Choice Voucher program requires a very specialized training and experience to ensure HUD compliance, so it cannot be done by anyone other than a trained HCV staff who is currently certified to do the work. There is a great deal of federal regulatory requirements, income/asset calculations that must be completed with every file semi-annually and annually. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position is essential and extremely important to increase funding, to advance meeting local housing challenges and expand the work and impact of the Housing Authority within community. The Compliance Supervisor would work alongside the Executive Director in managing the changes of HOTMA regulatory requirements, implement the Landlord Rental Mitigation Fund, and strategize ways to expand our budget. As the Executive Director I want our agency to be nimble and innovative with the services we offer, increase revenue; and strengthen the impact of our agency in addressing the challenging housing needs in our community. Right now, as Executive Director I don't have the time to really grow the agency because of all the cornpliance requirements and over 16 client and staff management systems I have to monitor for funding, client management, and our public housing (Ridgeway Towers Public Housing). (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Page 4 of 5 Page 334 of 736 Docusign Envelope ID: BC9AE03C-35E5-4CD3-BA56-0C0E95DD2760 The Housing Authority assists the City of Waterloo's residents with adequate and affordable rental housing which allows them to concentrate on improving their quality of life, employability, and achieving self- sufficiency. The Housing Authority programs specifically supports the strategic goal of ELEV8 Housing: to develop momentum around homeownership, affordable housing, property improvement, and decrease problem rental properties in Waterloo, creating neighborhoods that reflect a Community of Opportunity. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form & updated job description. Page 5 of 5 Page 335 of 736 Docusign Envelope ID: BC9AEO3C-35E5-4CD3-BA56-0C0E95DD2760 CITY OF TERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA PROMOTIONAL EXAMINATION COMPLIANCE SUPERVISOR DEPARTMENT HOUSING AUTHORITY SALARY $67,100.80 - $92,872.00 FLSA EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT NON- BARGAINING GENERAL STATEMENT OF DUTIES Supervisory position responsible for file compliance and leasing cycle of the Housing Choice Voucher program (HCV) and other Special HCV Programs including but not limited to Project -Based Vouchers, HUD- VASH, and Foster Youth to Independence (FYI). It will also assist in the landlord rental mitigation fund program. The work is performed under the general direction of the Housing Authority Director. May provide supervision to subordinate staff in the absence of the Housing Authority Director. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative will These functions are considered essential for successful performance in this job classification. 1. Coordinates and provides back-up for Housing Coordinators in the management of vacant caseloads or in their absence, which may include seeing scheduled appointments and all other aspects defined in the Housing Coordinator's position. 2. Provides assistance and feedback to Housing Coordinators on the accuracy of files to complete Multi -family Tenant Characteristics (MTCS) monthly reporting. 3. Performs monthly desk audits of Housing Coordinator's caseloads to ensure compliance with Section Eight Management Assessment Program (SEMAP) requirements and timely processing of various tasks. 4. Screens files submitted by Housing Coordinators to ensure accuracy and compliance with SEMAP requirements, Department of Housing & Urban Development (HUD) verification hierarchy and Waterloo Housing Authority (WHA) policies. 5. Reviews adjustments to verify accuracy and authorizes adjustments to Housing Assistance Payments (HAP). 6. Responsible for tracking, monitoring and addressing reasonable accommodations requests for the department. 7. Trains Housing Coordinators on practices, policies and procedures used in the Housing Choice Voucher program/Special Programs in compliance with HUD regulations and state and local policies. Page 337 of 736 Docusign Envelope ID: BC9AE03C-35E5-4CD3-BA56-0C0E95DD2760 8. Monitors Quality Control Plan -Income and Rents. 9. Support with SEMAP and quality control audits, including preparation of files and discussion/policy resolution of any recommendations as a result of the audit. 10. Updates departmental databases for fraud, screening, and Employment Income Verification (EIV) tracking/disposal. 11. Keeps abreast of HUD PIH notices as they relate to the HCV program and disseminates to department and all other parties involved. 12. Provides monthly written reports on the status of screening to the Housing Coordinators to include feedback on strengths and areas to improve to ensure future accuracy. 13. Responsible for monitoring Housing Assistance Payment (HAP) procedures with Executive Director. 14. Manages Landlord Rental Mitigation Fund (LRMF) Program. 15. Monitors LRMF complaints or claims by landlords and/or tenants. 16. Develops promotional plans or incentives to recruit housing property owners. 17. Grows agency HCV utilization and lease -up opportunities. 18. Completes Weekly Request for Tenancy Approval (RTA) Activity Report. 19. Adheres to WHA Program Integrity Schedule. 20. Prepares statistical materials and charts. 21. May supervise subordinate staff. 22. Performs all other duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of rules and regulations governing Section 8 and related funding programs, investigation procedures, and selection criteria of Public Housing Laws. 2. Knowledge of investigation procedures and tenant selection procedures. 3. Knowledge of economic and social factors related to housing programs. 4. Ability to acquire a working knowledge of the provisions, rules and regulations for tenant selection and housing assistance programs. 5. Knowledge of and ability to use personal computers, office equipment, and computer resources. 6. Ability to perform basic business math and communicate effectively. 7. Ability to interpret, calculate eligibility and to apply laws and policies to determine eligibility by comparing applications to written criteria. 8. Ability to prepare, evaluate and understand statistical information and reports. 9. Ability to explain laws, regulations and policies to the public. 10. Ability to provide reports on findings resulting from an interview, documents or a formal investigation. 11. Ability to resolve disputes between tenants and landlords. 12. Ability to supervise the work of others. 13. Ability to promote, represent and uphold the values and integrity of Waterloo Housing Authority. ACCEPTABLE EXPERIENCE & TRAINING 1. Associate's degree (or higher) in Social Sciences, Human Services, Business or related field and five (5) years full-time paid experience (or its part-time equivalent) in a human services or community services agency dealing with public assistance or related field OR Graduation from high school or possession of a high school equivalency diploma and seven (7) Page 338 of 736 Docusign Envelope ID: BC9AEO3C-35E5-4CD3-BA56-0C0E95DD2760 years of full-time professional or paraprofessional work experience (or its part-time equivalent), two (2) years of which must have been in a human services or community services agency dealing with public assistance or related field OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 2. Iowa Class C Driver's License and good 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; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault accidents within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient speech and hearing that permits the employee to communicate effectively with tenants, landlords, other employees and the public in person or by telephone. 2. Sufficient personal mobility that permits the employee to operate a passenger vehicle safely to visit public housing sites and perform inspections. 3. Sufficient vision and manual dexterity that permits the employee to operate a personal computer, handle files and perform other administrative and technical responsibilities. MISCELLANEOUS 1. 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. 2. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Generally, 8:00 a.m. to 5:00 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 Compliance Supervisor. EXAMINATION INFORMATION All qualified candidates who apply by the deadline date will be required to appear before an interview panel Page 339 of 736 Docusign Envelope ID: BC9AEO3C-35E5-4CD3-BA56-0C0E95DD2760 consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full-time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the armed forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service -connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. ORAL EXAMINATION DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. COMPLIANCE SUPERVISOR 9.2025 A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Page 340 of 736 CITY OF ��J J�TERLOO Community of Opportunity October 16, 2025 TO: Honorable Mayor & City Council 715 Mulberry St, Waterloo, IA 50703 Phone: (319) 291-4303 Fax: (319) 291-4569 CITYOFWATERLOOIOWA.COM We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Compliance Supervisor for the City of Waterloo, Iowa Housing Authority. This list shall be used to fill any vacancy in the Compliance Supervisor classification from October 16, 2025 — October 16, 2026. Respectfully submitted, CERTIFIED LIST Senada Muhic Dr. Bev Smith Date Dr. Robert Welch Date Marianne Kurtenbach Date *January 6, 2025 the Waterloo City Council voted to suspend the Civil Service hiring practices for entrance positions as allowed by the Iowa Administrative Code section 400.12A until January 6, 2026; therefore no signatures are required to certify this list. Page 341 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Human Resources Department December 1, 2025 AGENDA ITEM TITLE Motion to approve the appointment of Haris Tricic from the current Civil Service List to the position of Equipment Operator II in the Street Department, effective December 2, 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. EO II (exp 10.26) 2. EQUIPMENT OPERATOR II_ 6.2025_(BAGENSTOS)[1] Page 342 of 736 CITY OF 4VjATERLO 0 IOWA Community of Opportunity November 3, 2025 TO: Honorable Mayor & City Council 715 Mulberry St, Waterloo, IA 50703 9 Phone: (319) 291-4303 t• Fax: (319) 291-4569 a CITYOFWATERLOOIOWA.COM We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Equipment Operator II for the City of Waterloo, Iowa Public Works Street Department. This list shall be used to fill any vacancy in the Equipment Operator II classification from November 3, 2025 — November 3, 2026. Respectfully submitted, Dr. Bev Smith Date CERTIFIED LIST Haris Tricic Barkley Hill Jack Maus David Weber Dr. Robert Welch Date Marianne Kurtenbach Date *January 6, 2025 the Waterloo City Council voted to suspend the Civil Service hiring practices for entrance positions as allowed by the Iowa Administrative Code section 400.12A until January 6, 2026; therefore no signatures are required to certify this list. Docusign Envelope ID: 763DA8DB-2CB6-431 E-832C-1 D7B64A3AA44 YEKNONNLL REQUISITION FORM Check as applicable: El To start recruiting or civil service process and/or E1 To fill a vacancy El Active Civil Service List Expires: Current list exhausted A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Equipment Operator II Department: Public Works - Street Dept Reports To: Street Director Work Location: 625 Glenwood Street Employment Status: ® Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ® Yes No Z Internal Posting Only Bargaining Position: ® Yes No n Internal Posting and External Advertising Bargaining Group: 177 Non -bargaining Position: ❑ Yes 11 No ************************************************************************************************* Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for: Mark Bagenstos (Specify dame amltitie of former incumbent) If replacement, former incumbent: ® Retired/Resigned/Terminated ❑ Transferred El Promoted Date incumbent terminated employment: 4.25.2025 Date of final payout: 5.16.2025 Anticipated start date: Fall 2025 No. of hours/week: 40 Work schedule: 7:00am — 3:00pm Justification of need for position: Filling a vacancy. What are the likely consequences if the position is not filled? Street Dept projects will take longer to complete or may not be attempted due to lack of personnel. APPROVALS Annual salary requirements: 65,894.40 Hourly Rate: 31.68 Benefits: 49.44 / 102,830.57 (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? ® Yes ❑ No If no, how will position be funded? Approved subject to the following conditions: Sheila Steffen 6.4.2025 Submitting Department Head p-Signed by: 131,,:I arWood Date 6/16/2025 L�l �25D78AAC8449... ,- igned by: DocuSigned by: (Avg- VuumA, 6/17/2025 6/12/2025 Date 'ChittfeRinamoitsk4iIlificer Date `IizrelPS§Si 6@F14crs Director Date Signed by: Em Kati FUASS aabilesiirdsr.Committee Chairperson Date 6/12/2025 Created 6/30/2017 Page 344 of 736 Docusign Envelope ID: 763DA8DB-2CB6-431 E-832C-1 D7B64A3AA44 PERSONNEL REQUISITION Equipment Operator II The following questions are provided as guidelines to assist you in developing your rational for the position of Equipment Operator II 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? Heavy equipment operator. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The department has operators in similar classifications, however, a reduced number of operators will directly impact the ability to provide timely services for the city and its citizens. (3) How is the work of this position being accomplished now? Reduced number of operators means reduced tasks that can be completed. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is necessary for the department to meet its objectives, i.e. seal -coating, grading, ditching, maintaining shoulders, street sweeping and snow .& ice control. (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. The position is directly related to providing citizen servicesin a timely manner. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? The department pays overtime only as necessary. These positions are assigned projects and routes critical to meet the demands of our citizen support programs. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics, if possible. The department workload is multi -faceted - citizen Page 345 of 736 Docusign Envelope ID: 763DA8DB-2CB6-431 E-832C-1 D7B64A3AA44 (9) complaints, annual preventative maintenance, seasonal street maintenance, and storm water ordinance compliance. 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. Less equipment operators means less material loads to and from the work site, increased idle time for other personnel waiting for product, an increase in snow removal overtime, and less equipment personnel available to handle snow emergencies. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As in any position, some jobs cannot be completed with the timeliness expected of both the department and the citizen. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? It would not be practical to outsource the duties of the equipment operator. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? It is comparable to all building and commercial fire inspections. It is equally important. During snow emergencies, many businesses cannot operate without access to their businesses. The contribution of this position is critical to the overall objectives of the department. (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 develop a customer -centered, service delivery approach. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 346 of 736 Docusign Envelope ID: 763DA8DB-2CB6-431 E-832C-1 D7B64A3AA44 CITY OF /-iTERLOO IOWA Community of Opportunity CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION EQUIPMENT OPERATOR II PUBLIC WORKS —STREET DEPARTMENT his may be an 11:00 p.m.- 7:00a.m shift after training is completed DEPARTMENT STREET SALARY $30.68, WITH $1.00 INCREASE AFTER 6 MO FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT MUNICIPAL EMPLOYEES LOCAL #177 GENERAL STATEMENT OF DUTIES Performs skilled construction and street maintenance involving the safe operation of mixer, reclaimer, rotomill, pulverizer/mixer, mechanical/vacuum sweeper, end loader, grader, vibratory roller, track/wheeled excavator and wheeled backhoe and Equipment Operator I equipment such as snowplow, dump truck, salt/sand truck and equipment requiring a class A CDL with air brakes and tanker endorsement. Equipment Operator I functions such as pothole patching, oiling, shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic, erecting barricades, loading, hauling and plowing snow. The work is performed under the general direction of the Street Director and a Street Foreman. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only) These functions are considered essential for successful performance in this job classification. 1. Operates mixer, reclaimer, rotomill, pulverizer/mixer, mechanical sweeper, end loader, grader, vibratory roller, track/wheeled excavator and wheeled backhoe and Equipment Operator I equipment such as snowplow, dump truck, salt/sand truck and equipment requiring a class A CDL with air brakes, and tanker endorsement. 2. Performs routine street repairs such as pothole patching and oiling, and general maintenance and labor duties such as shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic and erecting barricades. 3. Assists in preparation for winter by erecting snow fence, installing plows, wings, spreaders on trucks and spraying anti -icing material. 4. Assists in loading, hauling and plowing snow and operating sand/salt trucks during snow emergencies. Page 347 of 736 Docusign Envelope ID: 763DA8DB-2CB6-431E-832C-1 D7B64A3AA44 5. Participates in special service programs such as emergency storm damage clean up. 6. Assists in projects such as cleaning, mowing and maintenance of property. 7. Fills and sets sandbags, erects barricades and assists in monitoring flood pumps during flood emergencies. 8. Cleans roadside ditches of brush with weed trimming equipment or chain saw. 9. Washes vehicles, changes tires, plow blades, plow markers and general equipment and vehicle repairs. 10. General maintenance of city buildings including carpentry, plumbing, flooring, cleaning and painting. 11. Assists other departments as needed (Example would be mechanical work in the garage or picking up refuse in the Sanitation Department.) 12. Works in busy traffic areas, operating street maintenance equipment or on foot. 13. Performs street maintenance and repairs in trenches and on uneven ground. 14. Performs work of a repetitive nature and varied workload pace. 15. Works independently and with others with minimum supervision. 16. Attends work regularly at the designated place and time. 17. Works outside in all weather conditions; works near moving vehicles and equipment; operates equipment and tools that cause vibration; noise level is often loud; atmosphere may contain dust and fumes from traffic. 18. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Public Works safety rules and regulations. 19. Performs all other related duties as assigned. REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES 1. Knowledge of traffic and safety rules. 2. Ability to safely operate specified equipment as well as dump truck, snowplow, sand/salt truck, concrete saw, air hammer and other power and hand tools used in street construction and maintenance work. 3. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic areas or extreme weather conditions. 4. Ability to learn the City street layout. 5. Ability to read street signs, chemical hazard labels and written directions of supervisors. 6. Ability to work alone when operating snow removal equipment. 7. Ability to complete daily work sheets whether written and/or the use of a computer, tablet, etc. 8. Ability to complete assigned work projects without direct supervision. 9. Ability to respond to questions and comments from the public tactfully and politely. 10. Ability to communicate effectively and maintain working relationships with other city employees, supervisors and the public. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, safety vest, hearing protection, gloves and hardhat. Page 348 of 736 Docusign Envelope ID: 763DA8DB-2CB6-431 E-832C-1 D7B64A3AA44 2. Must comply with City of Waterloo Residency Policy for Critical Employees (must live within 30- mile radius of Waterloo City Hall within period as determined by department head). Must maintain a local telephone number where can be contacted quickly. 3. Must submit to Department of Transportation requirements including pre -employment, post - accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 4. 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. 5. Must submit to and pass Civil Service examination procedures including an equipment test involving Street Department vehicles and equipment operated in this classification and a panel interview. ACCEPTABLE EXPERIENCE & TRAINING 1. High school diploma/GED. 2. Minimum two years of related street construction experience in all types of weather conditions. Experience must be verifiable. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 3. Valid Class A Commercial Driver's License with tanker and air brakes endorsements and good 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 ten 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 accidents within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks. 2. Sufficient physical and mental stamina, to work up to 16 hours during snow or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio. 4. Sufficient color vision, depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions. 5. Sufficient dexterity to safely operate powered and manual street maintenance tools. Page 349 of 736 Docusign Envelope ID: 763DA8DB-2CB6-431 E-832C-1 D7B64A3AA44 6. Sufficient hearing to understand verbal instructions, respond to questions from the public and hear traffic in work areas. 7 Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. 8. For applicants that meet the essential physical abilities standards, reasonable accommodations may be considered. WORK SCHEDULE Will be assigned a shift that is 7:00 a.m.-3:00 p.m. or 3:00 p.m.-11:00 p.m. or 11:00 p.m.-7:00 a.m. Will generally work Monday through Friday with twenty -minute paid lunch. Will be required to respond to emergency calls on weekends, evenings and holidays generally caused by weather. There may be significant overtime during severe snow emergencies or flooding. EQUIPMENT EXAMINATION All qualified applicants who apply by the deadline date will be required to participate in an equipment examination that will test skills in operating equipment used in this job classification. An applicant must receive a minimum of 80 out of 100 points to achieve a passing score on the equipment examination. The equipment examination will count 60% of the overall test score. ORAL EXAMINATION Those applicants who pass the equipment examination will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An applicant must receive a minimum average score of 60 points out of 100 to achieve a passing score on the oral examination. The oral examination will count 40% of the overall test score. The top applicants, as ranked by their scores as determined by combining 60% of the equipment examination score with 40% of the oral examination score will be the individuals placed on the certified list. Appointment is contingent on passing a physical examination including a drug test and possession of a good driving record based on the City of Waterloo driver performance criteria. Applicants who qualify as outlined and who are full-time regular employees of the City of Waterloo will have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service -connected disability. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. Equipment Operator II February 2025 Page 350 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Communication from the Leisure Services Department on the notice of the conclusion of employment of Neal Miller, Downtown Maintenance, effective November 5, 2025, with recommendation of approval of payout of $1,152.08 for unused benefits. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. MILLER PAYOUT 12.1.2025 Page 351 of 736 CITY OF �TERLOO IOWA Community of Opportunity City Council Notice of Employment Severance Today's Date: 11/10/2025 Department: Leisure Services Effective Date: 11/5/2025 Job Classification: Downtown Maintenance Employment Date: 5/21/2025 Employee Name: Neal Miller The employment with the named City of Waterloo employee has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes ❑ Resigned O Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Vacation -Accrued Vacation -Current Usable Sick Leave Casual Hours Comp Time Pay Unscheduled Leave Other Pay Comments Approved by Total Hours (x) Hourly Rate 20 $ 30.97 0 $ 30.97 32 $ 30.97 2 $ 30.97 7.2 $ 30.97 0 $ 30.97 0 $ 30.97 25% $ $ Payout 619.40 247.76 61.94 222.98 Total Payment $ 1,152.08 Human Resources /foal& , -e-ida- Date riltdfas-' Date 11/17/2025 Council Agenda Date: Page 353 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Communication from the Community Development Department on the notice of the conclusion of employment of Stacey Wright, Administrative Secretary, effective October 31, 2025, with recommendation of approval of payout of $1,729.53 for unused benefits. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. WRIGHT PAYOUT 12.1.2025 Page 354 of 736 TY,Oly WTERLOO IOWA Co munity of Opportunity Today's Date: 10/29/2025 Effective Date: 10/31/2025 Employment Date: 10/14/2024 City Council Notice of Employment Severance Department: Community Development Job Classification: Admin Secretary Employee Name: Stacey Wright The employment with the named City of Waterloo employee has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes • Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Vacation -Accrued 66.7 Vacation -Current 0 Usable Sick Leave 0 Casual Hours 0 Comp Time Pay 0 Unscheduled Leave 0 Other Pay (Bday) 0 Comments z 25.93 25.93 25.93 25.93 25.93 25.93 37.26 25% $ Total Payment 1,729.53 Approved by CLCAQI6 1 / /� r/ Date /� /�2sHuman Resources,IDate I I- j q Council Agenda Date: 9—I \ I '2,-(;) KIVW Page 356 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE City Clerk Department December 1, 2025 AGENDA ITEM TITLE Liquor Licenses 1850 Patio & Grill, 1850 Ridgeway Avenue, Class C w/Outdoor Service and Sunday Sales (Renewal) 10/31/2026. Express Mart, 2027 Falls Avenue, Class E w/Sunday Sales (Renewal) 10/30/2026. Kwik Star #17, 135 East Ridgeway Avenue, Class E w/Sunday Sales (Renewal) 10/03/2026. New Star Liquor,1625 West 4th Street, Class E w/Sunday Sales (Renewal) 12/10/2026. Wine & Spirits #1, 2126 Kimball Avenue, Class E w/Sunday Sales (Renewal) 11/14/2026. 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 Page 357 of 736 ATTACHMENTS None Page 358 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT MEETING DATE Engineering Department December 1, 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 12.1.2025 Page 359 of 736 101702381 RIGHT OF WAY BONDS FOR COUNCIL APPROVAL December 1, 2025 OASIS WELL & PUMP LLC MANCHESTER, IA Page 360 of 736 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Waste Management Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Cattle Congress Lift Station application for a State Revolving Fund loan. RECOMMENDED COUNCIL ACTION Requesting approval to submit application for State Revolving Fund Loan for the Cattle Congress Lift Station project. SUMMARY STATEMENT AND BACKGROUND INFORMATION The Cattle Congress Lift Station project will consist of replacing the existing lift station and force main. Project to include the demolition of the 1961 lift station and replacing it with a wet pit lift station, 3 submersible pumps, a valve vault, a flow meter pit, and an air release manhole. New lift station will also have an onsite emergency generator. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 361 of 736 ATTACHMENTS 1. PH Notice - Cattle Congress Lift Stn Dec 2025 Page 362 of 736 PUBLIC HEARING NOTICE The City of Waterloo will be holding a Public Hearing to review an application for a State Revolving Fund (SRF) loan and to make available to the public the contents of an environmental information document and the City's project plan. These documents include design and environmental information related to the proposed improvements to the City's wastewater infrastructure. The proposed scope consists of replacing the existing lift station and force main. This includes the demolition of the 1961 lift station building and the dry and wet pits with approximate dimensions of 12 feet diameter and 27 feet deep. The existing 10-inch iron force main will be removed, including the aerial section crossing the Cedar River along Conger Street Bridges. In its place, a new Cattle Congress Lift Station will be installed as a wet pit with three submersible pumps, a valve vault, a flow meter pit, and an air release manhole. Additionally, electrical updates will be completed to provide the lift station with an on -site emergency generator. The new force main will follow the existing force main alignment, which travels southeast along South Riverside Trail and crosses the Cedar River hung under the Conger Street Bridges, buried along Conger Street within San Souci Island to discharge into a 36-inch gravity sewer at manhole SA10. The new force main is designed to be 12 inches in diameter and approximately 2,300 linear feet long. Ground disturbance is approximately 3.4 acres. The purpose of this Public Hearing is to inform area residents of the community of Waterloo of this proposed action, discuss the actual cost and user fees associated with this project, and to address citizen's concerns, if any, with the plan. The Public Hearing location and time are as follows: MONDAY, DECEMBER 1, 2025 AT 5:30 PM CITY HALL COUNCIL CHAMBERS 715 MULBERRY STREET WATERLOO, IA 50703 All interested persons are encouraged to attend this hearing. Written comments on this proposal may also be submitted prior to the hearing. Questions regarding this hearing or the availability of documentation may be directed to Waste Management Services at 319.291.4553. Additionally, public comments can be sent to SRF-PC@dnr.iowa.gov. Page 363 of 736 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Steven Kjergaard, Director of Aviation Airport Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Grand Husk Solar Tong -term land lease with the Waterloo Regional Airport. 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. Grand Husk Solar - City of Waterloo - Lease Draft 2. Map Page 364 of 736 LEASE AGREEMENT between Grand Husk Solar, LLC as Tenant dated and City of Waterloo as Owner Page 365 of 736 Additional Lease Rights Stand -Alone Lease Rights Nature of Lease Rights, Additional Lease Rights and Stand - Alone Lease Rights 12 Section 4.4 Separate Storage Leases 12 ARTICLE 5 PERMITTED USE; RIGHTS OF PARTIES; DEVELOPMENT PROGRESS 13 Permitted Use 13 No Required Construction or Production 13 ARTICLE 6 TENANT'S OBLIGATIONS 13 Compliance with Law 13 Location of Project and Care and Appearance 14 Fences and Gates 14 Operations 14 Payment of Claims 16 TABLE OF CONTENTS Page(s) ARTICLE 1 DEFINITIONS AND CONSTRUCTION 2 Section 1.1 Defined Terms 3 Section 1.2 Construction 8 ARTICLE 2 GRANT OF RIGHTS; TERM Section 2.1 Section 2.2 ARTICLE 3 RENT Section 3.1 Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 Section 3.7 Lease and Grant of Lease Rights Term of Lease Development Term Rent Construction Term Rent Production Term Rent Restoration Term Rent Payment Adjustments Crop Compensation, Pivot and Drip Irrigation, and CRP Payment Allocations ARTICLE 4 LEASE RIGHTS Section 4.1 Section 4.2 Section 4.3 Section 5.1 Section 5.2 Section 6.1 Section 6.2 Section 6.3 Section 6.4 Section 6.5 i 8 8 8 9 9 10 10 10 10 10 11 11 11 12 Page 366 of 736 Section 6.6 Restoration 16 Section 6.7 Taxes 16 ARTICLE 7 OWNER'S OBLIGATIONS 17 Section 7.1 No Interference 17 Section 7.2 Compliance with Obligations 18 Section 7.3 Rights of Third Parties 19 Section 7.4 No Ownership Rights 19 Section 7.5 Cooperation 19 Section 7.6 Setback Waiver 21 Section 7.7 Confidentiality 21 Section 7.8 Division of Lease 22 Section 7.9 Estoppel Certificates 22 Section 7.10 Representations and Warranties of Owner 22 ARTICLE 8 DEFAULT; REMEDIES; PROTECTION OF LENDERS 23 Section 8.1 Default 23 Section 8.2 Owner's Right to Terminate for Monetary Default 24 Section 8.3 Limitation on Remedies 25 Section 8.4 Protection of Lenders 25 ARTICLE 9 ASSIGNMENT AND SUBLETTING 28 Section 9.1 Right to Assign or Sublet 28 Section 9.2 Right To Encumber 28 ARTICLE 10 GENERAL PROVISIONS 29 Section 10.1 Insurance 29 Section 10.2 Environmental Matters 29 Section 10.3 Use of Water 30 Section 10.4 Indemnity 31 Section 10.5 Safety Measures; Waiver and Recognition 31 Section 10.6 Casualty and Condemnation 32 Section 10.7 Notices 33 Section 10.8 Force Majeure 33 Section 10.9 Meetings with Third Persons 34 Section 10.10 Termination by Tenant 34 ii Page 367 of 736 Section 10.11 Third Party Beneficiaries 34 Section 10.12 Attorneys' Fees 34 Section 10.13 Covenants Running With the Land 34 Section 10.14 Governing Law 35 Section 10.15 Memorandum 35 Section 10.16 Joint and Several Liability 35 Section 10.17 Binding on Partial Interests 35 Section 10.18 Savings Clause 35 Section 10.19 No Waiver 35 Section 10.20 Entire Agreement; Modifications; Conflicts 35 Section 10.21 Multiple Counterparts 35 Section 10.22 Provision of Copy of Lease 36 Section 10.23 Cooperation on Owner's Interest 36 Section 10.24 Limited Accessway 36 Section 10.25 Restricted Area 36 iii Page 368 of 736 LEASE AGREEMENT THIS LEASE AGREEMENT ("Agreement") is made, dated and effective as of (the "Effective Date"), and between the Owner ("Owner") and Tenant ("Tenant"), designated in the Basic Terms and Conditions below: Basic Terms and Conditions Effective Date of this Agreement: Owner: City of Waterloo Owner's Address: 715 Mulberry St., Waterloo, IA 50703 Tenant: Grand Husk Solar, LLC, a Delaware limited liability company Tenant's Address: 320 N. Sangamon Street, Suite 1025, Chicago, Illinois 60607 Property: 501.45 acres in the County of Black Hawk, Iowa as specifically described in Exhibit A. Length of Lease Term: The "Development Term" shall be a period of five (5) years from the Effective Date, with two (2) one (1)- year extension options (i.e., totaling up to seven (7) years if all options and extensions are exercised), all as set forth in Section 2.2(a). The "Construction Term" shall commence on the Construction Commencement Date and be for a period of up to three (3) years, all as set forth in Section 2.2(b). The Tenant may exercise an option to extend the term of the Lease through the Production Term by achieving the Generation Commencement Date. Should the Generation Commencement Date occur any time prior to the expiration of the Construction Term, the "Production Term" will automatically commence and continue, unless terminated earlier as provided herein, to a date which is twenty (20) years from the Generation Commencement Date, subject to four (4) extension terms of five (5) years each (i.e., totaling up to forty (40) years of Production Term if all options and extensions are exercised), all as provided in Section 2.2(c). The "Restoration Term" shall begin on the expiration or earlier termination of (a) the Construction Term, if it occurs and if construction has commenced, or (b) the Production Term, if Tenant does exercise an option to extend the term of the Lease through the Production Term, and shall Page 369 of 736 expire when Tenant completes the Restoration Obligations. Development Term Rent: One-time payment of $50.00 per acre subject to this Agreement (excluding the Restricted Area) to be paid by Tenant to Owner (the "Signing Fee"), as well as and to the extent applicable $50.00 per acre subject to this Agreement (excluding the Restricted Area) to be paid by Tenant to Owner at the end of each twelve (12) month period during the Development Term (the "Periodic Development Term Rent"), and if the Development Term is extended, a one-time payment for each extension of $30.00 per acre subject to this Agreement (excluding the Restricted Area) (the "Additional Development Term Rent" and together with the Signing Fee and Periodic Development Term Rent, the "Development Term Rent"). Development Term Rent is payable as required in Section 3.1. Construction Term Rent: If the Construction Commencement Date has occurred, then an annual payment of $350.00 per acre times the number of acres of the Property which Tenant's plans show will be enclosed by a fence to be constructed for the Project shall be paid by Tenant to Owner (the "Construction Term Rent"). Construction Term Rent is payable as required in Section 3.2. Production Term Rent: During the Production Term (if it occurs), Tenant will pay Owner for the first Lease Year an amount equal to $1,400.00 (the "Production Term Rent Multiplier") multiplied by the total number of acres of the Property which are enclosed by a fence constructed for the Project or which Tenant's plan show will be enclosed by a fence to be constructed for the Project. The Production Term Rent Multiplier shall increase by two percent (2%) per Lease Year during the Production Term. All of the foregoing shall be referred to as the "Production Term Rent". Restoration Term Rent: Tenant will not owe any amounts to Owner as rent during the Restoration Term. ARTICLE 1 DEFINITIONS AND CONSTRUCTION 2 Page 370 of 736 Section 1.1 Defined Terms. When used in this Agreement, the following capitalized terms shall have the definitions indicated: "Additional Lease Rights": Shall have the meaning set forth in Section 4.1. "Affiliate": any Person (i) who, directly or indirectly (including through one or more intermediaries), holds an equity interest in Tenant (a "Parent Company") or (ii) in which Tenant or a Parent Company, directly or indirectly (including through one or more intermediaries) holds an equity interest. "Agreement": This Lease Agreement (including the Lease and Lease Rights). "Award": Shall have the meaning set forth in Section 10.6(b). "CERCLA": Shall have the meaning set forth in Section 10.2(c). "Confidential Information": Shall have the meaning set forth in Section 7.7. "Construction Commencement Date": The earlier of: (a) the date Tenant provides written notice to Owner of the Construction Commencement Date; or (b) the date when Tenant commences the installation of vertical improvements for Solarpower Facilities for the Project on the Property and is diligently pursuing construction of the Project on the Property. For the avoidance of doubt, pre -construction studies, surveys, and development -related diligence shall not be considered construction commencement. "Construction Term": The period beginning on the Construction Commencement Date and terminating upon expiration or earlier termination as provided herein. "Construction Term Rent": Shall have the meaning set forth in the Basic Terms and Conditions. "County": The county in which the Property is situated. "Development Term": The period during which Tenant performs development activities, including but not limited to measuring the solar resource, obtaining permits, securing Tenant's position to interconnect into the grid, as more particularly defined in the Basic Terms and Conditions and Section 2.2(a). "Development Term Rent": Shall consist of the Signing Fee and, if applicable, the Periodic Development Term Rent and the Additional Development Term Rent, and have the meaning set forth in the Basic Terms and Conditions. "Effective Date": Shall have the meaning given in the first sentence of this Agreement. "Encumbrances": Any liens, encumbrances, covenants, conditions, reservations, restrictions, easements, leases, licenses, occupancies, tenancies, mineral rights, water rights or other matters affecting, relating to or encumbering the Property or any portion thereof. 3 Page 371 of 736 "Environmental Laws": Shall have the meaning set forth in Section 10.2(c). "Event of Default": Shall have the meaning set forth in Section 8.1. "Event of Force Majeure": Strikes, lockouts or other labor disturbances; delays in transportation; inability to secure labor or materials in the open market; acts of God or the elements, including fire, flood, washout, perils at sea, lightning, earthquake or accidents; conditions arising out of or attributable to acts of war, civil disturbances or riots; the effect of any Law; the failure of any governmental authority to issue any permit, entitlement, approval or authorization within a reasonable period of time after an application for the same has been submitted; the inability to sell electricity at commercially reasonable prices in the open market; orders of curtailment or suspension or cessation of transmission system operations by MISO; or any other matter or condition beyond the reasonable anticipation and control of the party in question, whether or not similar to the matters or conditions herein specifically enumerated; and (in the case of Tenant) while litigation contesting all or any portion of the right, title and interest of Owner in the Property and/or of Tenant under this Agreement shall be pending and not finally determined. "Expenses": Any and all expenses incurred in connection with investigating, defending or asserting any claim, action, suit or proceeding incident to any matter indemnified against hereunder (including, without limitation, court filing fees, court costs, arbitration fees or costs, witness fees, and reasonable fees and disbursements of legal counsel, investigators, expert witnesses, consultants, accountants and other professionals), and any and all losses, costs, obligations, liabilities, settlement payments, awards, judgments, fines, penalties, damages, expenses, deficiencies or other charges with respect thereto, but excluding in any event any Party's own (i.e., not damages claimed by a third party) lost profits and other special or consequential damages, which result from the indemnifiable events described herein. "Extension Date": Shall have the meaning set forth in Section 2.2(c). "Extension Term": Shall have the meaning set forth in Section 2.2(c). "Generation Commencement Date": The earlier of: (a) the date Tenant provides written notice to Owner of the Generation Commencement Date; or (b) the date on which any Solarpower Facilities that are being constructed on the Property have passed their initial performance tests and have begun to commercially deliver electricity into the transmission grid. "Hazardous Materials": Shall have the meaning set forth in Section 10.2(d). "Indemnified Party": Shall have the meaning set forth in Section 10.4. "Indemnifying Party": Shall have the meaning set forth in Section 10.4. "MISO": MISO, a Regional Transmission Organization. 4 Page 372 of 736 "Laws": All valid and applicable laws, statutes, ordinances, regulations, orders and assessments of any federal, state, county or local governmental authority with jurisdiction over the Project or the Property. "Lease": The Lease created by this Agreement. "Lease Rights": The following lease rights in, on, under, over, across, along and above the Property: (a) A right of access and of ingress to and egress from the Project, as well as a right for access to and from adjacent lands in the Project, in each case by means of any existing roads on the Property, and by such other roads as Tenant may construct on the Property from time to time at locations reasonably agreed between Tenant and Owner, for the benefit of and for purposes incidental to Operations on the Property, provided that Owner agrees to approve at least one road location to the Project; (b) The right to install, use, repair, improve, relocate, replace and remove Transmission Facilities to be placed in locations selected by Tenant. (c) A non-exclusive right for any audio, visual, view, light, shadow, noise, vibration, air turbulence, wake, electromagnetic or other effect of any kind or nature whatsoever resulting, directly or indirectly, from any Operations conducted, or Project owned, leased, operated or maintained by Tenant on the Property and on lands near the Property. (d) The right to use construction staging and laydown areas in locations reasonably agreed between Tenant and Owner for installing, using, repairing, improving, relocating, replacing, and removing the Project. (e) The exclusive right to study, develop and use the Property for converting solar energy into electrical energy and collecting and transmitting the electrical energy so converted. (0 the Property. The exclusive right to access, relocate and maintain the Project located on (g) The exclusive right to capture, use and convert unobstructed solar resources over and across the Property. (h) The right to subjacent and lateral support for the Project. Tenant acknowledges and agrees that the "Lease Rights" are subject to Tenant's compliance with all applicable Laws, including the securing of any required permits, licenses, or approvals, and that except as otherwise expressly set forth herein, Owner makes no representation or warranty concerning any applicable Laws or the ability to secure any permits, licenses, or approvals. 5 Page 373 of 736 "Lease Year": The period from the Generation Commencement Date through the December 31 of the calendar year in which the Generation Commencement Date occurs (which shall be deemed the first Lease Year), and each subsequent calendar year during the Production Term. "Lender": Any financial institution or other Person that from time to time provides secured financing for some or all of the Project or Operations, and any agent, security agent, collateral agent, indenture trustee, loan trustee, loan participant or participating or syndicated lenders involved in whole or in part in such financing, and their respective representatives, successors and assigns. "Lender's Lien": Shall have the meaning set forth in Section 9.2. "Monetary Default": Shall have the meaning set forth in Section 8.1. "Non -Monetary Default": Shall have the meaning set forth in Section 8.1. "Notice of Default": Shall have the meaning set forth in Section 8.1. "Operations": The activities which Tenant has the right to undertake pursuant to Section 5.1. "Owner": The legal owner of the Property described in the Basic Terms and Conditions and as further defined in Exhibit A. "Owner Nonrenewal Notice": Shall have the meaning set forth in Section 2.2(c). "Person": Any individual, corporation, partnership, joint venture, association, joint stock company, trust, trustee, estate, limited liability company, unincorporated organization, real estate investment trust, government or any agency or political subdivision thereof, or any other form of entity. "Production Term": The period beginning on the Generation Commencement Date and terminating upon expiration or earlier termination as provided herein. "Production Term Rent": Shall have the meaning set forth in the Basic Terms and Conditions. "Project": The Solarpower Facilities, Transmission Facilities, electric transformers, energy storage facilities, telecommunications equipment related to the Solarpower Facilities, roads, meteorological stations and solar energy measurement equipment (including pyranometers), maintenance, administrative and storage areas and buildings, reasonable signage and all related improvements and equipment, portions of which are located on the Property. "Property": The Property as described in the Basic Terms and Conditions. 6 Page 374 of 736 "Real Property Records": The official public records of the County or Counties in which deeds and other instruments affecting title to real property are required to be recorded to place third parties on constructive notice of them. "Rent": The Development Term Rent, Construction Term Rent, Production Term Rent, and Restoration Term Rent as described in Article 3. "Restoration Obligations": Tenant's obligation to (i) remove from the Property any part of the Project owned, installed or constructed by Tenant thereon except for roads, (ii) fill in and compact all trenches or other borings or excavations made by Tenant on the Property (excepting borrow pits and quarries), and (iii) leave the surface of the Property free from debris, as more particularly defined and described in Section 6.6. "Restoration Term": As more particularly defined in the Basic Terms and Conditions, Section 2.2(d), and Section 6.6, the period beginning on (a) the expiration or earlier termination of the Construction Term, if it occurs and if construction has commenced, or (b) if the Production Term commences, the expiration or earlier termination of the Production Term, and expiring when Tenant completes the Restoration Obligations "Restoration Term Rent": Shall have the meaning set forth in the Basic Teinis and Conditions. "Solar Panel": A photovoltaic generation unit which converts sunlight into electrical current which is included in the Solarpower Facilities. "Solarpower Facilities": Solar -powered electric generating facilities, including Solar Panels, other photovoltaic generating equipment and such other solar -powered generating equipment as reasonably determined by Tenant, related infrastructure and the ancillary improvements and equipment providing support or otherwise associated therewith, all of which is located on the Property and on any other real property included in the Project. "Stand -Alone Lease Right": Shall have the meaning set forth in Section 4.2. "Taking": Shall have the meaning set forth in Section 10.6(a). "Term": The Development Term, the Construction Term (if it becomes effective) the Production Term (if it becomes effective and including one or more Extension Terms if exercised), and the Restoration Term each as described in Section 2.2. "Town": The town in which the Property is situated. "Transmission Facilities": Underground and above -ground wires and cables, for the transmission of electrical energy and/or for communication purposes, and all necessary appliances and fixtures for use in connection with said wires and cables under, along, above and in or adjacent to the Property; and one or more substations or interconnection or switching facilities, together with all related or appropriate rights of way, on, along and in or adjacent to the Property. 7 Page 375 of 736 Section 1.2 Construction. In this Agreement, unless the context otherwise requires, the singular shall include the plural, the masculine shall include the feminine and neuter, and vice versa. The terms "include," "includes" and "including" shall be deemed to be followed by the words "without limitation." The term "year" refers to a calendar year, the term "month" refers to a calendar month, and any period measured by a "year" or a "month" from a reference date refers to the period beginning on such reference date and ending on the same date of the next succeeding calendar year or month, respectively, or, if no such date exists in the next succeeding calendar month, the last day of such next succeeding calendar month. References to a Section or Exhibit shall be references to a Section of, or Exhibit to, this Agreement unless specifically stated otherwise. A reference to a given agreement or instrument shall be a reference to that agreement or instrument as modified, amended, supplemented and restated through the date as of which such reference is made. The term "or" is not exclusive, the term "shall" is mandatory and the term "may" is permissive. Owner and Tenant acknowledge that each was actively involved in the negotiation and drafting of this Agreement and that no law or rule of construction shall be raised or used in which the provisions of this Agreement shall be construed in favor of or against either party because one is deemed to be the author thereof. Captions or titles used herein are for convenience of reference only and do not affect the meaning or intent hereof. ARTICLE 2 GRANT OF RIGHTS; TERM Section 2.1 Lease and Grant of Lease Rights. For the good and valuable consideration provided herein, the receipt and sufficiency of which are hereby acknowledged by Owner and Tenant, Owner hereby leases to Tenant, and Tenant leases from Owner, the Property, and Owner grants to Tenant the Lease Rights. Tenant acknowledges and agrees that the "Lease Rights" are subject to Tenant's compliance with all applicable Laws, including the securing of any required permits, licenses, or approvals, and that except as otherwise expressly set forth herein, Owner makes no representation or warranty concerning any applicable Laws or the ability to secure any permits, licenses, or approvals. Section 2.2 Term of Lease. The term of this Agreement shall consist of the Development Term plus, if it becomes effective, the Construction Term, plus, if it becomes effective, the Production Term, plus, if exercised, up to four (4) Extension Terms, plus, if it becomes effective, the Restoration Term. Prior to the expiration of the Development Term, Tenant shall have the option to extend the term of this Agreement through the Construction Term, exercise of such option by Tenant being made and evidenced solely by achievement of the Construction Commencement Date. Prior to the expiration of the Construction Term, Tenant shall have the option to extend the term of this Agreement through the Production Term, exercise of such option by Tenant being made and evidenced solely by achievement of the Generation Commencement Date. Notwithstanding any other provision of this Agreement (including any Lender protection provisions), if the Development Term or Construction Term of this Agreement expires in accordance with the terms of this Agreement, prior to the Generation Commencement Date occurring, this Agreement shall automatically terminate at the expiration of the Restoration Term, if applicable (a) The Development Term shall commence on the Effective Date and continue for a period of up to five (5) years, provided, however, that Tenant shall have the right to extend 8 Page 376 of 736 the Development Term two (2) times for an additional one (1) year each by delivering written notice of such extension to Owner at least thirty (30) days prior to the then -current expiration date of the Development Term, in the event Tenant extends the Development Term, Tenant shall owe the Additional Development Term Rent as set forth in Section 3.1. The Development Term shall, in all events, terminate on the Construction Commencement Date and the Construction Term shall commence. (b) The Construction Term shall commence on the Construction Commencement Date and continue for a period of up to three (3) years. The Construction Term shall, in all events, terminate on the Generation Commencement Date and the Production Term shall commence. (c) The Production Term, if it occurs, shall commence on the Generation Commencement Date and continue to the date that is twenty (20) years from the Generation Commencement Date, provided, however, that Tenant shall have the right to extend the Production Term by four (4) separately exercised periods of five (5) years each (each such five year period, an "Extension Term") if Tenant delivers written notice of such extension to Owner at least one hundred eighty (180) days prior to the then -current expiration date of the Production Term or the then -current expiration date of the Extension Term, as applicable (the "Extension Date"). The parties understand that the Production Term could total up to forty (40) years if all four (4) options for Extension Terms are exercised and this Agreement is not earlier terminated by Tenant in accordance with its terms. The parties intend that the Tenant not lose any option to extend an Extension Term through inadvertence or mistake. Accordingly, and notwithstanding the foregoing, if Tenant shall fail to exercise its renewal option for an Extension Term within such time period as set forth above, Tenant's right to exercise its option for an Extension Term shall nonetheless continue for an additional sixty (60) days following receipt of Owner's notice to Tenant and to any Lender of the failure of Tenant to timely exercise such option (the "Owner Nonrenewal Notice"),If either Tenant or Lender provides notice to Owner of its intent to exercise such option within such sixty (60) day period following receipt of the Owner Nonrenewal Notice, then such exercise by Tenant or Lender shall be deemed timely given. (d) The Restoration Term shall commence on the expiration or earlier termination of (i) the Construction Term, if it occurs and if construction has commenced, or (ii) the Production Term, if Tenant does exercise an option to extend the term of the Lease through the Production Term. The Restoration Term shall when Tenant completes the Restoration Obligations. ARTICLE 3 RENT Section 3.1 Development Term Rent. During the Development Term, Tenant shall pay to Owner the Development Term Rent in the amount provided for in the Basic Terms and Conditions. The Signing Fee is payable within forty-five (45) days from the Effective Date. Each payment of the Periodic Development Term Rent is payable within forty-five (45) days after the end of each 12-month period of the Development Term (for example, the first such 12-month period expiring 12 months after the Effective Date). If Tenant exercises an option to extend the Development Term for one (1) additional year, then the Additional Development Term Rent is 9 Page 377 of 736 payable within forty-five (45) days from the date when the additional one (1) year of the Development Term commences. Tenant shall have no obligation to make any payment to Owner otherwise required under this Agreement until Tenant has received from Owner a completed Internal Revenue Service Form W-9. Section 3.2 Construction Term Rent. During the Construction Term, if it occurs, Tenant shall pay to Owner the Construction Term Rent in the amount provided for in the Basic Terms and Conditions. The Construction Term Rent is payable within forty-five (45) days from the Construction Commencement Date and within forty-five (45) days from each annual anniversary thereof for the remainder of the Construction Term. If the Construction Commencement Date occurs during any one (1) year period in which Development Term Rent has been paid, including in a year in which Tenant has extended the Development Term, the Construction Term Rent shall be reduced by the prorated amount of the Development Term Rent or the Additional Development Term Rent, as applicable, for the remaining period for which Development Term Rent has been paid. For illustrative purposes only, if the Construction Commencement Date occurs six (6) months into the first year the Development Term is extended, the Construction Term Rent shall be reduced by a prorated amount that is equal to six (6) months of the Additional Development Term Rent. Section 3.3 Production Term Rent. (a) During the Production Tenn, if it occurs, Tenant shall pay to Owner the Production Term Rent for each Lease Year as provided for in the Basic Terms and Conditions. If the Generation Commencement Date occurs during any one (1) year period in which Construction Term Rent has been paid, the Production Term Rent shall be reduced by the prorated amount of the Construction Term Rent for the remaining period for which Construction Term Rent has been paid. For illustrative purposes only, if the Generation Commencement Date occurs six (6) months into the first year of the Construction Term, the Production Term Rent shall be reduced by a prorated amount that is equal to six (6) months of the Construction Term Rent. (b) Payment of Rent. The Production Term Rent shall be paid to Owner within thirty (30) days of the Generation Commencement Date. Subsequent Production Term Rent shall be paid annually within thirty (30) days of the first day of each Lease Year. Notwithstanding any of the foregoing, Tenant shall have no further liability to make any payments of Development Term Rent, Construction Term Rent or Production Term Rent under this Agreement following its termination or expiration. If the first or last Lease Year is less than an entire calendar year, the Production Term Rent shall be prorated for the applicable portion of such Lease Year. Section 3.4 Restoration Term Rent. Tenant shall not owe any amounts to Owner as rent during the Restoration Term. Section 3.5 Payment Adjustments. If Owner owns less than the full surface estate in all or any part of the Property, all payments required hereunder shall be reduced to the proportion that Owner's interest in the Property bears to the full surface estate in the Property, or any portion thereof. 10 Page 378 of 736 Section 3.6 Crop Compensation, Pivot and Drip Irrigation, and CRP. Tenant shall use its commercially reasonable efforts to avoid damaging Owner's existing cultivated land, pastureland and pivot or drip irrigation systems ("Irrigation System") if located on the Property. If Tenant's development of the Project: (a) damages or destroys any of Owner's crops or saw -log timber on such cultivated land, then Tenant shall reimburse Owner the fair market value for the year in which the crop damage occurred, as established by Multi -Peril Insurance historic yields for the ten (10) previous years, for any damage to or displacement of Owner's cultivated crops on the Property caused by Tenant, (b) damages or destroys any of Owner's pasture land, then Tenant will reseed the affected areas with grasses and/or natural vegetation in accordance with the reasonable and customary standards in the area for restoring and reseeding pastureland, or (c) damages or causes Owner to relocate the Irrigation System, the Tenant shall reimburse Owner for the fair market value, for the year in which the crop damage occurred, of the cost to relocate, repair or replace the Irrigation System, whichever cost is less. If Owner is a party to a Conservation Reserve Program contract ("CRP Contract") with the U.S. Department of Agriculture pursuant to 7 C.F.R. Part 1410 regarding the Property, then Owner shall provide Tenant with a true and complete copy of such CRP Contract, together with all amendments and modifications, and if applicable, Tenant shall reimburse Owner for (a) any rental payments, or portion thereof, Owner would have received from the U.S. Department of Agriculture but for locating the Project on the Property, and (b) the penalties and interest, if any (including for any past payments received by Owner that must be repaid by Owner), assessed by, the U.S. Department of Agriculture as a result of the location of the Project on the Property. Owner shall cooperate with Tenant in completing and submitting documents to obtain any exemptions allowed under the Conservation Reserve Program for the use of the Project on the portions of the Property covered by a CRP Contract. Section 3.6 shall not apply to Owner's cultivated land, pastureland, and Irrigation System(s) existing after the Construction Commencement Date or notice to Owner thereof. Section 3.7 Payment Allocations. Tenant shall make all payments due under this Agreement to Owner as provided below: City of Waterloo 715 Mulberry St. Waterloo, IA 50703 % of each payment: 100% For the avoidance of doubt, Tenant's failure to make payments pursuant to this Section 3.7 shall not constitute an Event of Default, so long as payment is made to Owner at the address provided in the Basic Terms and Conditions. Owner acknowledges and agrees that payment of all sums due under this Agreement pursuant to this Section 3.7 shall satisfy all requirements for the payment of Rent and other sums required to be made by Tenant under this Agreement. ARTICLE 4 LEASE RIGHTS Section 4.1 Additional Lease Rights. If Tenant wishes to obtain from Owner one or more lease rights on, over, across, along and/or above any real property that is owned or controlled 11 Page 379 of 736 by Owner and adjacent to the Property (each, an "Additional Lease Right"), in connection with, for the benefit of and for purposes incidental to the Project, including the right to install and maintain on such other real property (i) transmission lines and facilities, both overhead and underground, which carry electrical energy to and/or from the Project, (ii) communications lines and facilities, both overhead and underground, which carry communications to and/or from the Project, and/or (iii) metering equipment, substations, switching stations, solar energy measurement equipment and control, maintenance and administration buildings that benefit the Project, then upon request Owner shall grant to Tenant such a lease right in such location or locations as Tenant may reasonably request, provided that Tenant shall agree to pay to Owner a fee consistent with the Production Term Rent for the number of acres subject to such Additional Lease Right in addition to all other amounts payable by Tenant to Owner hereunder. Section 4.2 Stand -Alone Lease Rights. Owner acknowledges that commercial operation of the Project may require, from time to time during the Project's existence, additional lease rights in favor of certain third parties on the Property and on the real property that is owned by Owner and adjacent to the Property. Accordingly, if the independent system operator with jurisdiction over the system in which the Project operates, the transmission system owner or operator to whose transmission lines the Project interconnects, the phone or other communications provider, or the off -taker to whom output and/or renewable energy credits from the Project is to be sold, determines that one or more separate, stand-alone lease (each, a "Stand -Alone Lease Right") on, over, across, along and/or above the Property and any real property that is owned by Owner and adjacent to the Property, including the right to install and maintain on the Property (i) transmission lines and facilities, both overhead and underground, which carry electrical energy to and/or from the Project, (ii) communications lines and facilities, both overhead and underground, which carry communications to and/or from the Project, and/or (iii) metering equipment, substations, switching stations, solar energy measurement equipment and control, maintenance and administration buildings that benefit the Project, is reasonably required for the efficient and/or safe operation of the Project, then upon request Owner shall grant to such third party such an lease right in such location or locations as such party may reasonably request, provided that such party shall agree to pay to Owner a reasonable fee agreed to by Owner in advance for such lease right in addition to all other amounts payable by Tenant to Owner hereunder. Section 4.3 Nature of Lease Rights, Additional Lease Rights and Stand -Alone Lease Rights. Each Lease Right, Additional Lease Right and Stand -Alone Lease Right (i) shall be in the nature of and similar to the Lease Rights granted to Tenant under Section 2.1 and shall be in a form reasonably acceptable to Tenant and Owner, such Affiliate or the grantee of such lease rights as applicable (which form shall at a minimum include lender protective provisions comparable to those included herein), (ii) shall be a lease right in favor of Tenant or such other holder of such lease right, and (iii) shall, upon the granting thereof, be included within the meaning of the term "Lease Rights", except where otherwise stated or where the context otherwise requires. Each Lease Right, Additional Lease Right and Stand -Alone Lease Right shall inure to the benefit of and be binding upon Owner and the holder of such Lease Right, Additional Lease Right or Stand - Alone Lease Right, as the case may be, and their respective successors and assigns, and all persons claiming under them. 12 Page 380 of 736 Section 4.4 Separate Storage Leases. If Tenant from time to time so requests and provided that no uncured Event of Default then exists under this Agreement, Owner shall promptly execute and deliver to Tenant or an Affiliate selected by Tenant one (1) or more separate, independent lease agreements for separate and distinct battery energy storage projects to be located on the Property, which separate, independent lease agreements shall be on substantially the same terms and in substantially the same form as this Agreement. ARTICLE 5 PERMITTED USE; RIGHTS OF PARTIES; DEVELOPMENT PROGRESS Section 5.1 Permitted Use. Tenant shall use the Property solely for solar energy purposes, and Tenant shall also have the exclusive right to use the Property for solar energy purposes. "Solar energy purposes" means converting solar energy into electrical energy, and collecting, storing and transmitting the electrical energy so converted, together with any and all other activities related thereto, including (i) determining the feasibility of solar energy conversion on the Property, including studies on solar irradiance, light direction and other meteorological data and extracting soil samples, and all other testing, studies or sampling desired by Tenant; (ii) constructing, installing, using, replacing, relocating, controlling and removing from time to time, and maintaining and operating the Project; and (iii) undertaking any other activities, whether accomplished by Tenant or a third party authorized by Tenant, that Tenant reasonably determines are necessary, useful or appropriate to accomplish any of the foregoing, including the right to erect, construct, reconstruct, replace, relocate, remove, control, maintain and use Transmission Facilities from time to time in connection with the Project. Section 5.2 No Required Construction or Production. Nothing contained in this Agreement shall be construed as requiring Tenant (i) to undertake construction or installation or to alter or remove any part of the Project on the Property or elsewhere except for those requirements contained in Section 6.6 hereof, (ii) to continue operation of any part of the Project from time to time located on the Property or elsewhere or (iii) to generate or sell any minimum or maximized amount of electrical energy from the Property; and the decision if, when and to what extent that such construction and generation will occur shall be solely in Tenant's discretion. Owner acknowledges that Tenant has made no representations or warranties to Owner, including any regarding development of, or the likelihood of power generation from, the Property. ARTICLE 6 TENANT'S OBLIGATIONS Section 6.1 Compliance with Law. In conducting its Operations on the Property, Tenant shall comply in all material respects with all Laws; however, Tenant may contest the validity or applicability of any Law (including any property tax) to Tenant, the Project, the Operations, or any other activity or property of Tenant or Tenant's Affiliate, by appropriate legal proceedings brought in the name of Tenant or in the names of both Tenant and Owner where appropriate or required. Any such contest or proceeding, including any initiated by Tenant and maintained in the name of Owner, shall be controlled and directed by Tenant, but in consultation with Owner and at no cost to Owner, excepting proceedings which arise due to Owner's violation of any law. Tenant agrees 13 Page 381 of 736 to promptly reimburse Owner for any costs or fees (including reasonable attorney's fees) incurred by Owner in connection with this Section. Section 6.2 Location of Project and Care and Appearance. Tenant shall notify and reasonably consult with Owner regarding the location of the Project on the Property prior to the Construction Commencement Date; provided however, (i) such consultation is advisory only, (ii) Tenant shall not be restricted in any way from exercising Tenant's rights hereunder as a result of such consultation, and (iii) Tenant shall not be required to obtain Owner's approval or consent to the location of any part of the Project. Tenant shall bury all wires, cables and lines on the Property that are required to be buried at least twenty-four inches (24") below the surface of the Property. If such wires, cables, or lines become exposed at the surface or are not buried at least twenty-four inches (24") below the surface regardless of the cause, Tenant shall take all actions necessary to cause the wires, cables, and lines to be buried at least twenty-four inches (24") below the surface of the Property. Where commercially feasible, Tenant agrees to (x) install all overhead lines along existing transmission or utility easements and (y) bury collection cables and fiber optic cables either underneath or alongside newly -constructed roads. Tenant shall keep the Property clean and free of debris created by Tenant, its contractors, or others entering the Property at the request of Tenant. Tenant shall not use the Property for storage except for materials, construction equipment and vehicles directly associated with construction or maintenance of the Project on the Property or adjacent lands that are part of the Project and Tenant shall have the right to designate for use in this regard during the construction and development process (or at any time thereafter) such laydown yards or areas as it shall determine to be appropriate given the then current nature of the Operations. Tenant shall take commercially reasonable steps to maintain the grass on the Property in compliance with the Owner's wildlife hazard management plan at Tenant's sole cost and expense. Section 6.3 Fences and Gates. Tenant shall have the right to remove fences, gates, and cattle guards, but only as reasonably necessary to accommodate the Project; however, upon Owner's reasonable request, Tenant shall maintain, repair or replace any fences, gates, or cattle guards, damaged or removed in connection with Tenant's activities. Any fences, gates, or cattle guards repaired or replaced by Tenant shall be in conformance with the quality and style of the fences, gates, and cattle guards existing on, or if none are on then nearby, the Property. Fences removed from locations within the Property where Tenant has determined removal is necessary to avoid interference with its Operations, if replaced, shall be rebuilt by Tenant at its expense in other mutually agreeable locations and sufficient to withstand Tenant's uses for the Operations and of not less than the same style and quality installed by Owner elsewhere on the Property. Once completed, all replacement fences, gates and cattle guards shall be owned and maintained by Owner. If Tenant makes a new entrance through any existing fence, Tenant shall install a cattle guard sufficient to withstand Tenant's uses for the Operations and of not less than the same style and quality installed by Owner elsewhere on the Property. Tenant will reseed areas cleared by Tenant and used for lay -down or storage areas with the same types of grasses or crops found on adjacent tracts if Owner reasonably requests such reseeding. Section 6.4 Operations. During the Development Term, Tenant may access the Property following prior notice to the Owner (which notice may be oral), except in the event of an emergency, where no prior notice shall be required. During the Construction Term and the 14 Page 382 of 736 Production Term, Tenant shall have access to the Property twenty-four (24) hours a day, seven (7) days a week, without prior notice to Owner. Tenant and all Tenant personnel, and all personnel of third parties authorized to enter the Property by Tenant, shall follow the following rules while on the Property. Any individual who commits a third violation of these rules after receipt of written warning from Owner, may be fined in an amount not to exceed $500.00 per violation for each violation of these rules after receipt of written warning from Owner for the first and second violations. (a) All access gates shall remain padlocked at all times when not in use; all access gates, as well as all interior gates, shall remain closed at all times when not in use. (b) All personnel shall minimize, to the extent reasonably possible, the creation of dust and the introduction of noxious plants or vegetation to the Property. (c) At no time shall any of employees of Tenant, or any third parties authorized to enter the Property by Tenant bring any of the following onto the Property: (i) Weapons of any type, including but not limited to, guns, bows and arrows, or sling shots. (ii) Animal calling devices. (iii) Fishing equipment or nets. (iv) Dogs, cats or any other animals. (v) Alcoholic beverages. (vi) Illegal drugs or related paraphernalia. (d) Smoking is prohibited except in designated construction areas and in vehicles. Tenant will employ prudent precautions to prevent fires, including avoiding the build- up of plant material under vehicles. In the event a grass fire is started, Owner shall be promptly notified, as well as emergency personnel if necessary. Tenant agrees to pay to Owner a reasonable fee per acre for fire damage but not less than $50.00 per acre for fire damage to existing crops and/or pasture land (whether located on the Property or adjacent lands owned by Owner) that is caused by Tenant, its employees, contractors, agents or any individual allowed onto the Property by Tenant. Such payment shall be due and payable within thirty (30) days of such fire. Such payment shall in no way limit or waive Owner's right to obtain payment for fire damage to animals, structures, equipment or other things located on the Property, or lands adjacent to the Property. (e) Tenant shall keep the Property clean and free of all trash and litter which may emanate from Tenant or its employees, agents, contractors or invitees operations on the Property, and if Tenant does not do so within ten (10) days after written notice from Owner, Tenant agrees to pay Owner's reasonable costs of picking up such litter and trash either on the Property or adjacent lands. Under no circumstances will Tenant bury or burn any trash, debris or foreign material of any nature on the Property. 15 Page 383 of 736 (f) Tenant, its employees, contractors, agents and any individual allowed onto the Property by Tenant shall not bury, dump, spill or discharge any Hazardous Materials (as defined in Section 10.2), gasoline, oil, hydraulic fluid, fuel, paint or other foreign, toxic, or other waste substances on the Property. (g) No wood, plants, animals (dead or alive), artifact or any other item that was not originally brought onto the Property by Tenant's personnel will be removed from the Property. (h) The following speed limits shall be strictly observed while using roads on the Property: thirty-five (35) miles per hour during daylight; twenty-five (25) miles per hour after dark. Section 6.5 Payment of Claims. Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant at the Property, which claims are secured by any mechanic's or materialmen's lien against the Property; however, Tenant may contest such claims by appropriate legal proceedings brought in the name of Tenant or in the names of both Tenant and Owner where appropriate or required, so long as Tenant pays and satisfies any adverse judgment that may be rendered thereon before the enforcement thereof. Any such contest or proceeding, including any maintained in the name of Owner, shall be controlled and directed by Tenant. Section 6.6 Restoration. Subject to the rights of Lenders upon termination of this Agreement as provided herein, and subject to the rights of Lease Right holders as provided in Article 4, during the Restoration Term, Tenant shall complete the Restoration Obligations; provided however, the Restoration Obligations shall not include the replanting of trees, removing of access roads or regrading to existing conditions, and, as to any part of the Project located beneath the surface of the land, Tenant shall only be required to remove any part of the Project located beneath the surface of the land (such as, without limitation, footings and foundations) to a depth of twenty-four (24) inches below the surface of the land. Nothing contained in this Section shall be construed as precluding Tenant from taking any of the foregoing actions at any time during the Development Term, the Construction Term, or the Production Term. No less than thirty (30) days prior to the commencement of the Restoration Term, Tenant shall provide to Owner and maintain during the remainder of the Term one or more performance bonds, letters of credit, or another form of financial security in such type and amount determined in the Tenant's discretion, in each case in form and substance to secure Tenant's completion of the Restoration Obligations. The amount of any financial security maintained by Tenant pursuant to the prior sentence shall be reduced by the scrap and salvage value of the Project. In the event any federal, state, county or local governmental authority with jurisdiction over the Project or the Property requires bonding or other security securing decommissioning and the Restoration Obligations, then Tenant's satisfaction of those requirements shall satisfy all bonding or other security requirements under this Section 6.6. No less than thirty (30) days prior to the commencement of the Restoration Term, Tenant shall provide to Owner a decommissioning plan for Tenant's satisfaction of the Restoration Obligations. Section 6.7 Taxes. Tenant shall pay prior to delinquency any property taxes levied and assessed by any governmental authority upon any part of the Project placed on the Property by Tenant. Owner shall pay when due any taxes attributable to (a) improvements or facilities installed by Owner or others (excluding Tenant) on the Property and (b) the underlying value of the 16 Page 384 of 736 Property; provided, however, that if, following the Construction Commencement Date, the taxes against the underlying value of the Property are increased by reason of a change of use determination by a taxing entity (including roll -back taxes assessed up to five (5) years after termination or expiration of this Agreement, provided Owner uses good faith efforts to obtain agricultural exemptions, if applicable, during such time) or increased assessment of the Property resulting from Tenant's Operations or any part of the Project thereon, then Tenant shall pay the entire amount of such increase so attributable. Owner and Tenant agree that during the Development Term hereof, no change in Owner's agricultural activities on the Property is required by this Agreement. Owner shall submit any real property tax bill regarding the Property and/or the Project (and any other communication from any government authority regarding the same) to Tenant within thirty (30) days after Owner's receipt thereof from the taxing authority. If any taxes payable by Tenant hereunder are levied or assessed in the name of Owner as part of the real property taxes payable by Owner, then, within thirty (30) days after Owner submits the real property tax bill to Tenant, Tenant shall reimburse Owner for all such taxes payable by Tenant hereunder. Tenant's obligations hereunder are subject to Tenant's right to contest pursuant to Section 6.1 and hereunder. Tenant shall have the right, in its sole discretion, to contest by legal proceedings (which may be brought in the name(s) of Owner and/or Tenant where appropriate or required), the validity or amount of any assessments or taxes for which Tenant is responsible hereunder. Owner shall in all respects cooperate with Tenant in any such contest. ARTICLE 7 OWNER'S OBLIGATIONS Section 7.1 No Interference. (a) Among the Lease Rights granted and conveyed by Owner to Tenant is the exclusive right to the flow of sunshine and solar irradiation to and across the Property. Owner covenants that neither Owner nor any other Person (other than Tenant and Persons claiming through or under Tenant) shall obstruct or interfere with such Lease Right for the free flow of sunshine and solar irradiation throughout the entire area of the Property ("Irradiation Lease Right"), which shall consist of horizontally three hundred and sixty degrees (360°) from each point within the Property where the Project is or may be located at any time or from time to time to the boundaries of the Property, and vertically through all space above the surface of the Property. (b) Accordingly, neither Owner's activities nor the exercise of any rights hereafter given or granted by Owner to any other Person (whether exercised on the Property or elsewhere), shall materially interfere with Tenant's then -existing lease or other rights relating to (i) access by Tenant or its Affiliates or contractors to the Property or any lands in the vicinity of the Property used by Tenant in the Operations associated with the Project, (ii) Operations of Tenant or its Affiliates or contractors on the Property or on any lands owned by Owner in the vicinity of the Property, (iii) the exercise of Tenant's rights under this Agreement, or (iv) the undertaking of any other activities permitted by Tenant hereunder. (c) Without limiting the generality of the foregoing, for so long as this Agreement is in effect, Owner covenants that, to ensure the Irradiation Lease Right referenced in Section 7.1(a), neither Owner nor any other Person that has obtained rights either from Owner or any party claiming, directly or indirectly, under Owner, shall interfere with solar irradiation or 17 Page 385 of 736 light direction over the entire Property or any lands owned or controlled by Owner in the vicinity of the Property on which Tenant or any Affiliate thereof owns, leases, operates or maintains Solarpower Facilities, and Owner shall not plant trees or construct buildings or other improvements that will adversely affect the full Irradiation Lease Right, or engage in any other activity on the Property or elsewhere, that might cause a decrease in the output or efficiency of any of the Solarpower Facilities. The parties acknowledge and agree that the grant of the Irradiation Lease Right and the covenants by Owner contained in this Agreement are a material inducement for Tenant to enter into this Agreement, and each of the parties acknowledge and recognize that a violation of the terms hereof will cause irreparable damage to Tenant and Tenant may have no adequate remedy at law for such violation. Accordingly, each of the parties agrees that Tenant shall be entitled, as a matter of right, to an injunction from any court of competent jurisdiction restraining any violation of such covenants and to specifically enforce Tenant's exclusive right to the Irradiation Lease Right. This right to injunctive relief will be cumulative and in addition to whatever remedies Tenant may otherwise have at law. (d) In the event that Owner becomes a party to an oil and gas lease or sub- surface agreement or mineral interest lease or sub -surface agreement affecting the Property that is executed after the date hereof, Owner agrees to include surface use provisions in such oil and gas or mineral interest lease or surface agreement substantially as follows: Lessee agrees that its lease is subordinate and subject to all leases, lease rights and easements that are of record as of the date of this Lease. Further, lessee covenants and agrees that lessee shall take all reasonable actions to accommodate the use of the surface of the leased property by the surface owner or other persons or entities having rights of use of the surface of the leased property, regardless of whether such uses or rights of use arise before or after the date of this lease. Lessee shall not have the right to damage, relocate, or remove any surface structure or improvement, without the express written consent of the owner of such structure or improvement, regardless of when such surface structure or improvement was constructed or installed. Lessee acknowledges that lessor and third parties ("Energy Tenant, " whether one or more) may execute one or more agreements, contracts, leases, or easements affecting the leased property authorizing the operation of solar power projects for generating electricity and related facilities on the leased property. Lessee agrees to fully cooperate with any Energy Tenant with regard to the use of the leased property. Lessee agrees to fully compensate any Energy Tenant for any damage caused by lessee to the facilities or property of such Energy Tenant. Lessee shall not drill any well or perform any subsurface activity within 300 feet of any solar power generating unit located on the leased property. Section 7.2 Compliance with Obligations. Owner shall comply on a timely basis with all of its legal and contractual obligations with respect to the Property, including the payment before delinquency of property taxes that are attributable to the underlying value of the Property or improvements thereon not owned by Tenant. If Owner fails to do so, then, without limitation upon any other rights or remedies that Tenant may have at law or in equity, Tenant may (but shall 18 Page 386 of 736 not be obligated to) pay or otherwise satisfy any unpaid property taxes or other obligations of Owner which, if left unsatisfied, could delay, interfere with, impair or prevent Operations or the exercise of any of Tenant's other rights under this Agreement, or the financing of the Project; and Tenant shall thereupon be subrogated to the rights of the obligee of such obligations. Without limitation on any other rights or remedies available to Tenant, any sums so expended by Tenant shall, at Tenant's election, either be (i) immediately reimbursed to Tenant by Owner or (ii) offset against any Rent or other amounts then or thereafter due and payable to Owner under this Agreement. Section 7.3 Rights of Third Parties. (a) From and after the Effective Date, any right, title or interest created by Owner in favor of or granted to any third party shall be subject to (i) this Agreement and all of Tenant's rights, title and interests created hereby, (ii) any Lender's Lien then in existence on the leasehold estate created by this Agreement, (iii) Tenant's right to create a Lender's Lien and (iv) any and all documents executed or to be executed by Tenant in connection with this Agreement. (b) If at any time during the Term any Encumbrance to Owner's title to the Property which was created prior to the Effective Date is found, exists or is claimed to exist against the Property or any portion thereof, creates rights superior to those of Tenant, and Tenant in its sole discretion determines that the existence, use, operation, implementation or exercise of such Encumbrance could delay, interfere with, impair or prevent Operations or the exercise of any of Tenant's other rights under this Agreement or the financing of the Project, Tenant shall be entitled to seek to obtain a subordination, non -disturbance agreement, consent or other agreement, including a recognition agreement in favor of any Lender (in a form and containing provisions reasonably acceptable to Tenant or its Lenders) from the holder of such Encumbrance that will eliminate such risks for the benefit of Tenant, and Owner shall use its best efforts to assist Tenant in connection therewith. Section 7.4 No Ownership Rights. Owner acknowledges and agrees that (i) Tenant is and shall remain the exclusive owner and operator of the Project, which is Tenant's personal property and which shall not be deemed a fixture, (ii) Owner has no right or interest in or to the Project, (iii) Owner may not sell, lease, assign, mortgage, pledge or otherwise transfer, alienate or encumber the Project with the fee interest or leasehold or other rights in or to the Property or otherwise; and (iv) notwithstanding anything to the contrary herein, Tenant has the right to remove the Project and its other personal property from the Property at any time and from time to time, including upon the expiration or earlier termination of this Agreement, in accordance with Section 6.6. Without limiting the generality of the foregoing, Owner hereby waives any statutory or common law lien that it might otherwise have in or to the Project or any part thereof. Any and all solar resource data collected by or on behalf of Tenant after the Effective Date is the sole property of Tenant. The solar resource data shall be Confidential Information. Section 7.5 Cooperation. 19 Page 387 of 736 (a) Owner shall fully support and cooperate (and shall use reasonable efforts to cause any other Person with any other right, title or interest in the Property to cooperate) with Tenant in the conduct of its construction and Operations and in otherwise giving effect to the purpose and intent of this Agreement, including in Tenant's efforts to obtain from any governmental authority or any other Person any environmental impact review, permit, entitlement, approval, authorization or other rights necessary or convenient in connection with construction and Operations; and Owner shall (and shall use reasonable efforts to cause any such other Person to) promptly upon request, without demanding additional consideration therefor, execute, and, if appropriate, cause to be acknowledged and recorded, any map, application, permit or document that is reasonably requested by Tenant in connection therewith (as well as any amendment to this Agreement or any recordable memorandum executed in connection herewith for purposes of correcting or replacing property descriptions based on surveys or other relevant information obtained after the Effective Date, or making other non -substantive corrections, additions or substitutions). Without limiting the generality of the foregoing, in connection with any application by Tenant for a governmental permit, approval, authorization, entitlement or other consent, Owner agrees (and shall use reasonable efforts to cause any such other Person to agree) not to oppose, in any way, whether directly or indirectly, any such application or approval at any administrative, judicial or legislative level. Further, in the event of legal proceedings related to Tenant's use of the Property after the Effective Date, except those arising out of the interpretation and/or enforcement of the Agreement, Owner shall, in all respects, fully cooperate with Tenant in any such proceeding. Owner agrees that Tenant may provide the Memorandum of Lease Agreement in lieu of any affidavit by Owner or other form of Owner's consent (whether oral or written) that may be requested or required in connection with Tenant's efforts to obtain any environmental impact review, permit, entitlement, approval, authorization, agreement or other rights necessary or convenient in Tenant's discretion for the Project. (b) Owner shall, promptly after the Effective Date, make available to Tenant copies of any and all surveys that relate to the Property (to the extent such information relates directly to the proposed Project) to the extent that the same are in Owner's possession or under its control. Upon request from Tenant, Owner shall cooperate with Tenant's efforts to obtain subordination and/or non-interference agreements with the holders of any mineral interests or other parties having any surface rights to the Property. Owner shall provide Tenant with all information in Owner's possession reasonably required by Tenant to make contacts with such holders and to negotiate such agreements, including the names, addresses and phone numbers of contact persons and the locations of any other holder's or parry's equipment, improvements, or facilities located or proposed to be located on the Property. (c) Owner shall cooperate with Tenant in its development of the Project by avoiding the pasturing of animals on or near portions of the Property at which Tenant's construction, removal, maintenance or other similar activities are occurring. (d) Owner shall not obstruct passage along, into or from any road or area within the Property that is accessed in connection with the Operations, except that Owner may fence and gate such areas and gate roads if it provides the keys or combinations to Tenant for any gate locks. 20 Page 388 of 736 (e) Prior to the Construction Commencement Date, Owner shall remove any tangible personal property (e.g. goods, equipment, inventory, vehicles, trailers, farm implements, farm animals, parts/accessories, barrels/containers, discard/rubbish materials, etc.) from the Property. Section 7.6 Setback Waiver. To the extent that (i) Owner now or in the future owns or leases any land adjacent to the Property, or (ii) Tenant or any Affiliate thereof owns, leases or holds an easement over land adjacent to the Property and has installed or constructed or desires to install or construct any part of the Project on said land at and/or near the common boundary between the Property and said land, Owner hereby waives any and all setbacks and setback requirements, whether imposed by law or by any Person, including any setback requirements described in any applicable zoning ordinance or in any governmental entitlement or permit heretofore or hereafter issued to Tenant or such Affiliate. Further, if so requested by Tenant or any such Affiliate, Owner shall promptly, without demanding additional consideration thereof, execute, and if appropriate cause to be acknowledged and recorded, any setback waiver, setback elimination or other document or instrument required by any governmental authority or that Tenant or such Affiliate deems necessary or convenient to the obtaining of any entitlement or permit. Section 7.7 Confidentiality. Subject to any duties imposed by law by reason of recordation of the Memorandum of Lease Agreement, Owner shall hold in confidence, and shall require its principals, officers, employees, representatives and agents to hold in confidence, for the sole benefit of Tenant, (i) any accountings, (ii) all information pertaining to the Rent and to calculation of Rent payments (including the sale price of power), (iii) any other financial information provided by or on behalf of Tenant, (iv) any books, records, computer printouts, product designs or information regarding Tenant or an Affiliate thereof and (v) any information regarding resource assessment, energy output or availability from Operations on the Property (collectively, "Confidential Information"), whether disclosed by Tenant or an Affiliate thereof or discovered by Owner, unless such Confidential Information either (i) is in the public domain by reason of prior publication through no act or omission of Owner or its principals, officers, employees, representatives or agents, or (ii) was already known to Owner at the time of disclosure and which Owner is free to use or disclose without breach of any obligation to any Person. Owner shall not use any such Confidential Information for its own benefit, publish or otherwise disclose such Confidential Information to others, or permit the use of such Confidential Information by others for their benefit or to the detriment of Tenant. Notwithstanding the foregoing, Owner may disclose such information to (1) Owner's lenders, attorneys, accountants and other personal financial advisors, or (2) any prospective purchaser of the Property; provided that in making such disclosure Owner advises the party receiving the information of the confidentiality thereof and obtains the agreement of said party to abide by the confidentiality provisions above, and Owner shall be responsible to Tenant for any failure of any such third party to do so. Owner may also disclose such information pursuant to any lawful subpoena or court order, in which case Owner shall give Tenant sufficient advance notice of such proceedings to allow Tenant to oppose the issuance of the same (or, if this is not possible, as much notice as is practicable). Notwithstanding the foregoing, certain Laws, such as Iowa Code Chapter 22, may require the disclosure of certain information or materials otherwise classified as Confidential Information, and no provision of this Agreement shall be construed to preclude Owner from disclosing information or materials that is required to be disclosed pursuant to any Laws, including but not necessarily limited to Iowa Code 21 Page 389 of 736 Chapter 22; provided, however, that prior to such disclosure required pursuant to any Laws, Owner shall promptly notify Tenant in writing of the request for disclosure and provide Tenant with copies of all relevant documents related to the request for disclosure and allow Tenant to take any and all actions Tenant deems necessary and appropriate to protect its Confidential Information, including, but not limited to, intervening in any legal proceedings related to the disclosure of the Confidential Information. Section 7.8 Division of Lease. If Tenant from time to time so requests and provided that no uncured Event of Default then exists under this Agreement, Owner shall promptly divide the Agreement into two (2) or more separate, independent agreements for separate and distinct solar power projects by entering into two or more new agreements that provide Tenant with separate leasehold rights to different portions of the Property, as designated by Tenant. Each of such new agreements shall (i) contain the same terms and conditions as this Agreement (except for any requirements that have been fulfilled by Tenant prior to the execution of such new agreements), (ii) be for a term equal to the remaining Term, (iii) contain a grant to Tenant of rights similar to the Lease Rights, covering such portion or portions of the overall Property as Tenant may designate, (iv) require payment to Owner of only a proportionate amount of Rent, and (v) enjoy the same priority as this Agreement over any Encumbrance created by Owner. Further, in the event of an uncured Event of Default (as defined below) by the Tenant under any such new agreement, such default shall not affect, or cause a termination of, this Agreement or any other separate new agreement. Section 7.9 Estoppel Certificates. Owner shall, within twenty (20) days after request by Tenant or any Lender, execute and deliver an estoppel certificate substantially in the form of Exhibit D, attached hereto, (i) certifying (if true) that this Agreement is in full force and effect and has not been modified, (ii) certifying (if true) that to the best of Owner's knowledge there are no uncured Events of Default hereunder, and no condition or event exists which, with the passage of time, would become an Event of Default (or, if any uncured Events of Default or any such conditions or events exist, stating with particularity the nature thereof), (iii) certifying the status of any conditions subsequent provided in this Agreement and (iv) containing any other certifications as may reasonably be requested. Any such statements may be conclusively relied upon by Tenant and any existing or proposed Lender. The failure of Owner to deliver any estoppel certificate within such time shall be conclusive upon Owner that (i) this Agreement is in full force and effect and has not been modified, (ii) there are no uncured Events of Default by Tenant hereunder, and no conditions or events exist which, with the passage of time, would become an Event of Default, (iii) any conditions subsequent set forth in this Agreement have been satisfied (except to the extent that such satisfaction, by the terms of this Agreement, is not due to occur until a future date) and (iv) the other certifications so requested are in fact true and correct. Section 7.10 Representations and Warranties of Owner. Owner hereby represents and warrants to Tenant that, as of the Effective Date: (a) (i) Owner is the sole fee owner of the Property (or the lesser interest designated in the Basic Terms and Conditions, as the case may be), and Owner's ownership interest is subject to no Encumbrances or any agreements that could affect Tenant's use, possession or occupancy of the Property except those filed in the Real Property Records and those unrecorded 22 Page 390 of 736 tenancies, lease agreements, claims of lease, or other occupancies or rights of Possession as enumerated in Exhibit B hereto, true and correct copies of which have been provided to Tenant, (ii) each Person signing this Agreement on behalf of Owner is authorized to do so, (iii) Owner has the full and unrestricted legal power, right and authority to enter into this Agreement, to grant the Lease and the Lease Rights to Tenant and to perform its obligations hereunder, (iv) no other Person (including any spouse) is required to join in this Agreement in order for the same to be fully enforceable by Tenant and for Tenant to enjoy all the rights and benefits accorded to it hereunder, (v) this Agreement, the Lease and the Lease Rights are and will be in full force and effect, without the necessity of any consent of or joinder herein by any other Person, (vi) this Agreement constitutes the valid and binding obligation of Owner, and is enforceable in accordance with its terms and (vii) Owner is not the subject of any bankruptcy, insolvency or probate proceeding. (b) To the best of Owner's knowledge, neither this Agreement nor the Property or any portion thereof is in violation of any Law. Each parcel of the Property is a separate legal parcel which may be developed, leased and financed in compliance with applicable subdivision laws and all local ordinances adopted pursuant thereto. (c) To the best of Owner's knowledge, there are no pending or threatened actions, suits, claims, legal proceedings or any other proceedings affecting or that could affect the Property or any portion thereof, at law or in equity, before any court or governmental agency. (d) To the best of Owner's knowledge, there are no commitments or agreements with any governmental agency or public or private utility affecting the Property or any portion thereof that have not been disclosed by Owner to Tenant and listed on Exhibit B hereto. (e) To the best of Owner's knowledge, there are no other material adverse facts or conditions relating to the Property or any portion thereof that could delay, interfere with, impair or prevent Operations or the exercise of any of Tenant's other rights under this Agreement, the Lease or the Lease Rights, or the financing of the Project. (f) To the best of Owner's knowledge, the Property is not enrolled in any and does not benefit from any tax abatements, reduced tax assessments, or other tax programs that are reasonably expected to be lost as a result of the construction and operation of the Project on the Property, resulting in an increase in taxes assessed against the Property. (g) Notwithstanding any other term or provision of this Agreement, except as expressly set forth in this Agreement, Owner does not provide any warranty or representation with respect to the condition of the Property or its suitability for Tenant's desired uses, and Owner does not, and cannot, provide any warranty or representation that Tenant will be issued or obtain all required or necessary permits, licenses, or approvals as required under any Laws. Owner shall reasonably support and cooperate with efforts undertaken by Tenant to secure any such required or necessary permits, licenses, or approvals (see Section 7.5). ARTICLE 8 DEFAULT; REMEDIES; PROTECTION OF LENDERS Section 8.1 Default. 23 Page 391 of 736 (a) Except as qualified by Section 8.2 and 8_4, if Tenant fails to perform its obligations under this Agreement (an "Event of Default"), then Owner shall have the right to seek actual monetary damages, specific performance, and/or injunctive relief if Tenant shall have failed to cure such Event of Default, within thirty (30) days in the case of a Monetary Default or within one hundred twenty (120) days in the case of a Non -Monetary Default, after Tenant has received written notice from Owner stating with particularity the nature and extent of such Event of Default and each Lender has received a duplicate copy of such notice as required by Section 8.4 (a "Notice of Default"); provided, however, that, in the case of a Non -Monetary Default, if the nature or extent of the obligation or obligations is such that more than one hundred twenty (120) days are required in the exercise of commercially reasonable diligence for performance of such obligation(s), then Tenant shall not be in default if Tenant commences such performance within such one hundred twenty (120) day period and thereafter pursues the same to completion with commercially reasonable diligence. For purposes hereof, a "Monetary Default" means an Event of Default consisting of the failure to pay when due any Rent or other monetary obligation of Tenant to Owner under this Agreement and any other Event of Default is sometimes referred to herein as a "Non -Monetary Default." (b) Owner's failure to perform any one of the following shall constitute an event of default of Owner ("Owner Event of Default"): (i) failure of any representation or warranty made by Owner in this Agreement to be true and correct in all material respects at any time during the Term, or (ii) the failure to comply with any provision of this Agreement, and such failure shall continue uncured for thirty (30) days after notice thereof by Tenant, provided that Owner is using commercially reasonable efforts to pursue such cure and provided, further, if such failure is not capable of being cured within such period of thirty (30) days with the exercise of reasonable diligence, then such cure period shall be extended for an additional reasonable period of time so long as Owner is exercising commercially reasonable efforts to cure such failure. Upon the occurrence and during the continuation of an Owner Event of Default, Tenant: (i) shall have the right to pursue any and all remedies under this Agreement, at law or in equity and (ii) may terminate this Agreement. The failure to obtain any permit, license, or approval, as required by any Laws by Tenant, shall not be a default of Owner. Section 8.2 Owner's Right to Terminate for Monetary Default. (a) If and only if a Monetary Default shall occur, and such Monetary Default is not disputed in good faith by Tenant or a Lender through implementation of the escrow described in (b) below, then notwithstanding anything to the contrary contained in this Agreement, Owner may terminate this Agreement while such Monetary Default is still continuing if both of the following occur: (i) Tenant fails to cure the Monetary Default within thirty (30) days after receipt of the written Notice of Default from Owner (with a simultaneous duplicate copy to each Lender as set forth in Section 8.1(a) and Section 8.4), and then Tenant fails to cure the Monetary Default within thirty (30) days after receipt of a second Notice of Default from Owner (with a simultaneous duplicate copy to each Lender), which states in 14 point bold and all capitalized print at the top of the first page of the Notice of Default: 24 Page 392 of 736 NOTICE OF DEFAULT: FAILURE TO RESPOND COULD RESULT IN TERMINATION OF LEASE, and (ii) all Lenders fail to cure the Monetary Default within the forty five (45) day period permitted to them after receipt of their duplicate Notice of Default, all pursuant to Section 8.4. (b) If Owner alleges that a Monetary Default has occurred but Tenant or any Lender, in good faith, disputes Owner's contention, Tenant or such Lender may deposit the amount in controversy in escrow with any reputable third party escrow agent, or may interplead the same, which amount shall remain undistributed until final, non -appealable decision by a court of competent jurisdiction or agreement of the parties. (c) Upon termination or expiration of this Agreement, and in connection with any Event of Default for which Owner has terminated this Agreement, Owner shall be entitled to pursue any and all remedies or relief provided under this Agreement or otherwise available to Owner under Iowa law, including but not limited to, any action of any kind to evict, eject, or remove the Tenant or any of its property or assets from the Property, including but not limited to specific performance, or for damages. The Restoration Obligations of Tenant shall survive termination or expiration of this Agreement and, without limiting this subsection (d), Owner shall be entitled to commence an action of any kind to seek recovery of damages or other relief in connection with Tenant's failure to perform its Restoration Obligations as required under this Agreement. Any remedies or relief available to Owner shall survive any termination of this Agreement. Section 8.3 Limitation on Remedies. Except as otherwise expressly set forth in this Section 8, at all times after the Construction Commencement Date, Owner shall not (and hereby waives the right to) seek or commence any action or proceeding involving ejectment, eviction, removal of the Project from the Property, or any other similar remedy or rescission or reformation of this Agreement, and Owner shall be limited to the remedies authorized in Section 8.1 and 8_2 based on the type of Event of Default (Monetary or Non -Monetary); to be clear, Owner may only terminate this Agreement for uncured Monetary Default in accordance with Section 8.2. Each of the parties hereby waives any right to recover consequential damages, indirect or special damages or lost profits. except as otherwise permitted by this Agreement, and further subject to the qualification that any damages that arise directly from a default with respect to an obligation of Tenant or Owner shall not be construed as being an item of consequential damages or an indirect or special item of damages. In any event, however, lost revenue or loss profits shall not be recoverable. Section 8.4 Protection of Lenders. (a) If Tenant has assigned, hypothecated, mortgaged or pledged all or any portion of its right, title or interest under this Agreement, in the Lease, in the Lease Rights and/or in any portion of the Project, it shall promptly give notice of the same (including the address of the Lender) to Owner, together with a general description of the interest transferred; provided, however that the failure to give such notice shall not constitute a default or Event of Default under 25 Page 393 of 736 this Agreement but rather shall only have the effect that Owner shall not be required to recognize or be bound by such assignment, hypothecation, mortgage or pledge (and all notice and other requirements in this Article 8 benefiting such Lender shall accordingly be inapplicable to Owner) until such notice shall have been given. (b) Every Lender shall have the right, but not the obligation, (i) to make any payments due under this Agreement, and (ii) to do any other act or thing that may be necessary or appropriate to be done in the performance and observance of the terms hereof. All payments so made and all things so done and performed by any Lender shall be as effective to prevent or cure any Event of Default under this Agreement as they would have been if made, done and performed by Tenant, and Owner agrees to accept such performance, payment and cure. Owner agrees to accept such payment and performance, and authorizes the performing Lender (or its employees, agents, representatives or contractors) to enter upon the Property to complete such performance with all the rights, privileges and obligations of Tenant hereunder. (c) Owner agrees for the benefit of each Lender that it will not, without the prior consent of such Lender (which consent shall be given or withheld on the basis of the documents governing the relationship between such Lender and Tenant): (i) amend or modify, or take any action causing, consenting to or accepting the amendment or modification of this Agreement, if such amendment or modification would reduce the rights or remedies of such Lender hereunder or impair or reduce the security for any Lender's Lien, (ii) by agreement with Tenant, cancel, terminate or suspend this Agreement, the Lease or the Lease Rights or (iii) take any action causing, consenting to or accepting the cancellation, termination or suspension of this Agreement, the Lease or the Lease Rights. (d) Owner shall deliver to each Lender a duplicate copy of any and all Notices of Default that Owner may from time to time deliver to Tenant, and such copies shall be delivered to each such Lender at the same time such Notices of Default are delivered to Tenant. Failure to serve a copy of any such Notice of Default to any Lender shall render the Notice of Default to Tenant ineffective. (e) Upon Tenant's failure to cure any Event of Default within the time provided in Section 8.1, the Lenders shall have an additional forty five (45) days (running concurrently for each Lender) after the expiration of the time provided in Section 8.1 and Section 8.2 to cure such Event of Default. However, if such Event of Default is a Non -Monetary Default and cannot, in the exercise of commercially reasonable diligence, be cured within such additional forty-five (45) day period, then such Lenders shall have such additional time (running concurrently for each Lender) to cure such Event of Default as may be reasonably necessary using commercially reasonable diligence. Any Non -Monetary Default that cannot be cured by such Lenders shall nevertheless be deemed to have been cured and remedied if (i) on or before forty five (45) days after receiving the Notice of Default from Owner, any such Lender shall have acquired Tenant's then -remaining right, title and interest in the Property, or shall have commenced foreclosure or other appropriate proceedings for such purposes and shall be prosecuting such proceedings to completion with commercially reasonable diligence, (ii) any such Lender shall have fully cured within such forty five (45) day period any failure to perform any monetary obligations of Tenant hereunder and shall thereafter continue to perform such monetary obligations, and (iii) after 26 Page 394 of 736 obtaining Tenant's then -remaining right, title and interest in the Property, any such Lender commences performance of the non -monetary obligations of Tenant hereunder and thereafter pursues the same to completion with commercially reasonable diligence. All rights of Owner to terminate this Agreement as a result of the occurrence of a Monetary Default hereunder shall be expressly conditioned upon (i) each such Lender having first received a copy of the Notice of Default as and when provided in Section 8.4(d) and (ii) such Lenders having together failed to cure the Event of Default (or, in the case of a Non -Monetary Default, acquire possession of the Property or commence foreclosure or other appropriate proceedings) as set forth, and within the time specified, in this Section 8.4(e). (f) If any such Lender is prohibited by any process or injunction issued by, or by reason of any action of, any court having jurisdiction over any bankruptcy, reorganization, insolvency or other debtor -relief proceeding from commencing or prosecuting foreclosure or other appropriate proceedings, then the times specified in Section 8.4(e) for commencing or prosecuting such foreclosure or other proceedings shall be extended for the period of such prohibition; provided, however, that such Lender (or another Lender) shall have fully cured, within the time specified in Section 8.4(e), any failure to perform any monetary obligations of Tenant hereunder, and shall thereafter continue to perform such monetary obligations when and as due hereunder. (g) The transfer of Tenant's interest under this Agreement to any Lender and/or to one or more purchasers or tenants (i) at a foreclosure sale by judicial or nonjudicial foreclosure and sale, (ii) by a conveyance by Tenant in lieu of foreclosure or (iii) by any other assignment or conveyance, including by a Lender following foreclosure and sale, or as a result of any other legal proceeding, shall not require the consent of Owner, provided that such Lender and/or purchaser shall provide written notice to Owner of the transfer of Tenant's interest under this Agreement not later than thirty (30) days thereafter, and Owner agrees that upon such foreclosure, sale, conveyance, assignment or other proceeding, Owner shall recognize such Lender or such other purchaser(s) or Tenant(s) as the successor to Tenant under this Agreement; provided, however, that, subject to Section 8.4(i), such Lender or such purchaser or Tenant assumes the obligations of Tenant under this Agreement and pays all amounts in arrears due from Tenant to Owner hereunder. (h) Neither the bankruptcy nor the insolvency of Tenant shall be grounds for terminating this Agreement. If this Agreement is rejected by a trustee or debtor -in -possession in any bankruptcy or insolvency proceeding, or if this Agreement is terminated for any reason in connection therewith, and if, within sixty (60) days after receiving notice of such rejection or termination, any Lender shall so request, then, so long as such Lender has cured any Monetary Default and is making commercially reasonable efforts to cure any Non -Monetary Default as provided herein, Owner shall execute and deliver to such Lender or its designee a new agreement, which new agreement shall (i) be on the same terms and conditions as this Agreement (except for any requirements that have been fulfilled by Tenant prior to rejection or termination of this Agreement), (ii) be for a term equal to the remaining Term before giving effect to such rejection or termination, (iii) contain a lease of the portion of the Property in which such Lender had an interest on the date of such rejection or termination, (iv) contain a grant to the Lender of lease rights similar to the Lease Rights, covering such portion or portions of the overall Property as such Lender may designate, (v) require payment to Owner of only a proportionate amount of Rent, (vi) enjoy the same priority as this Agreement over any lien, Encumbrance or other interest created 27 Page 395 of 736 by Owner, and (vii) be executed within thirty (30) days after receipt by Owner of notice of the Lender's election to enter into a new agreement. (i) No Lender shall have any duty, obligation or liability under this Agreement prior to the time of its entry into physical possession of the Property or its commencement of performance of Tenant's obligations under this Agreement or under a new agreement entered into as provided in Section 8.4(h). If a Lender elects to perform Tenant's obligations under this Agreement or to enter into a new agreement as provided in Section 8.4(h), then such Lender shall not have any personal liability to Owner for the performance of such obligations, and the sole recourse of Owner in seeking the enforcement of such obligations shall be to such Lender's interest in the Project and under this Agreement. If a Lender assigns its interest in this Agreement or in a new agreement entered into pursuant to Section 8.4(h) to any Person, then, provided that such assignee assumes the obligations of Tenant (or such Lender, as the case may be) under this Agreement, such Lender shall be released from any further liability hereunder. (j) There shall be no merger of the Lease or the Lease Rights, or of the leasehold estate or interest created thereby, with the fee estate in the Property by reason of the fact that the Lease, the Lease Rights or said leasehold estate may be held, directly or indirectly, by or for the account of any Person who owns such fee estate or any interest therein, and no such merger shall occur unless and until all persons then having an interest in such fee estate and all persons (including any Lender) then having an interest in or under the Lease or the Lease Rights, shall join in a written instrument effecting such merger and duly record the same. (k) Without limitation as to Tenant's rights under Section 7.3(b), if there is an existing deed of trust, mortgage or similar security instrument or Encumbrance creating a lien against the Property (each a "Mortgage"), Owner agrees to promptly obtain from the holder of each such Mortgage (each, a "Mortgagee"), an executed subordination and non -disturbance agreement (an "SNDA") assuring Tenant, any holder of a sub -easement and/or a sublease, and their respective Lenders that notwithstanding any default by Owner, or any foreclosure or deed in lieu thereof, Tenant's (and its successors', assigns', sublessees', and subeasement holders') rights under this Agreement shall continue in full force and effect and their use and possession of the Property shall remain undisturbed in accordance with the provisions of this Agreement. Such SNDA will be in a form reasonably acceptable to Tenant, any holder of a subeasement and/or a sublease, and their respective Lenders, and, at Tenant's sole option, shall be in the form of a direct SNDA with a holder of a subeasement and/or sublease. ARTICLE 9 ASSIGNMENT AND SUBLETTING Section 9.1 Right to Assign or Sublet. Tenant may assign or sublet or apportion or grant subeasements in or to all or any of Tenant's right, title and interest under this Agreement, in the Lease and/or in the Lease Rights so long as written notice of such assignment is provided to Owner after such assignment is effective. Upon any assignment of all of Tenant's right, title and interest under this Agreement, in the Lease and in the Lease Rights, the assigning Tenant shall automatically (without the need for any writing) be released from all of its obligations and liability under this Agreement, except for liabilities that accrued prior to the date of such transfer. 28 Page 396 of 736 Section 9.2 Right To Encumber. Tenant may, at any time and from time to time, conditionally or unconditionally, without obtaining the consent of Owner, hypothecate, mortgage, grant or pledge all or any portion of Tenant's right, title or interest under this Agreement, in the Lease, in the Lease Rights and/or in any portion of the Project to any Lender as security for the repayment of any indebtedness and/or the performance of any obligation relating in whole or in part to the Project or Operations (a "Lender's Lien"). ARTICLE 10 GENERAL PROVISIONS Section 10.1 Insurance. Tenant shall obtain and keep in effect a broad form commercial general liability insurance policy (or its contemporary equivalent) with a limit of no less than Five Million Dollars ($5,000,000), during the Production Term, and no less than Two Million Dollars ($2,000,000), during the Development Term and the Construction Term, of combined single limit liability coverage per occurrence, accident or incident, with a commercially reasonable deductible. Upon written request by Owner, the Tenant shall cause the Owner to be named as an additional insured in such policy and shall deliver to the Owner a certificate of insurance evidencing said policy, which certificate shall provide that (i) the Owner shall be given notice of any cancellation or termination of such insurance in accordance with policy terms but not less than thirty (30) days and (ii) the insurer waives all rights of subrogation against Owner in connection with any loss or damage covered by such policy. Tenant may satisfy its insurance obligations under this Section 10.1 through individual insurance policy or policies, blanket insurance policies or through a program of self-insurance. Owner will carry commercial general liability insurance coverage covering Owner's indemnity obligations hereunder as well as occurrences, accidents and incidents resulting from Owner's actions on the Property that (1) occur from and after the Effective Date (regardless of when the claim is filed) and (2) result of bodily injury, personal injury or death to any Person and/or damage or destruction of property. Said insurance shall have a combined single limit of liability per occurrence of not less than one million dollars ($1,000,000) on a single limit / primary basis and not less than two million dollars ($2,000,000) on an aggregate basis, or such greater amounts as are typical for comparable projects. Tenant and Lender (if any) shall be named as additional insureds under Owner's Commercial General Liability policy. Upon written request by Tenant, Owner shall deliver to Tenant a certificate of insurance evidencing said policy, which certificate shall provide that (i) the Tenant and Lender (if any) shall be given notice of any modification, cancellation or termination of such insurance in accordance with policy terms, and (ii) the insurer waives all rights of subrogation against Tenant in connection with any loss or damage covered by such policy. Section 10.2 Environmental Matters. (a) Owner represents and warrants that, to the best of Owner's knowledge: (i) the Property is in compliance with Environmental Laws (defined below); and (ii) there are no Hazardous Materials (defined below) in, on, or under the Property, other than herbicides, pesticides and fertilizers that have been stored, mixed and applied on the Property in compliance with normal agricultural practices and in compliance with Environmental Laws. The Tenant acknowledges that Owner has not performed due diligence, testing, examinations, studies, or related activities with respect to the Property subject to this Agreement. 29 Page 397 of 736 (b) Tenant assumes responsibility for and agrees to comply with (i) all Environmental Laws applicable to Tenant's use of the Property and (ii) all remediation and other requirements of Environmental Laws related to Hazardous Materials, to the extent located on or released on, from or onto, the Property by Tenant or its contractors. Owner assumes responsibility for and agrees to comply with (i) all Environmental Laws applicable to (A) Owner's use of the Property, or (B) any conditions existing prior to Tenant's first use of the Property pursuant to this Agreement, and (ii) all remediation and other requirements of Environmental Laws related to (as well as all consequences of the existence of) Hazardous Materials located on or released on, from or onto, the Property prior to Tenant's first use of the Property or as a result of the acts or omissions of Owner or its employees, agents, invitees, contractors or tenants (other than Tenant). (c) "Environmental Laws" means any and all federal, state, local, and foreign environmental, health and/or safety -related laws, ordinances, codes, rules, regulations (as interpreted by judicial and administrative decisions) relating to protection of the environment, health and safety, and natural resources. Environmental Laws includes the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. Sec. 6901 et seq., the rules and regulations of and enforced by the Iowa Department of Natural Resources ("Environmental Code"), and the common law. (d) "Hazardous Materials" means (i) any and all substances, materials, chemicals, and wastes regulated by Environmental Laws; (ii) "hazardous substance," "pollutant or contaminant," "petroleum," and "natural gas liquids" as such terms are defined or used in Section 9601 of CERCLA or by the Environmental Code; or (iii) hazardous wastes, as defined by RCRA. (e) No liability shall arise in Tenant from the mere discovery of facts or conditions existing or pertaining to the Property. Section 10.3 Use of Water. (a) Owner hereby grants to Tenant a non-exclusive right to use water from any and all existing wells on the Property (the "Wells"), together with associated rights to access the Wells, in connection with the Project. The Wells may not be used by Tenant for other purposes or the water sold to third parties. Tenant shall have no obligation to maintain, repair, or replace the Wells; provided, however, that if Tenant's, or its contractors', employees', agents, invitees', representatives', or tenants' use of the Wells directly damages or destroys a Well, Tenant shall reimburse Owner for the reasonable and actual costs for the repair of the Well. Tenant agrees that its use and enjoyment of the Wells shall be undertaken in a manner that does not materially interfere with Owner's use and enjoyment of the Wells. (b) To the extent permitted by applicable Laws, Owner grants to Tenant, at Tenant's sole cost and expense, the right to install, construct, drill, maintain, repair, replace, relocate, remove and reconstruct a water well, water line, and related facilities on the Property in connection with the Project (the "Well Facilities"). 30 Page 398 of 736 (c) To the extent permitted by applicable Laws, Owner leases to Tenant the right to use the surface water pertaining or appurtenant to the Property in connection with the Proj ect. (d) Tenant shall pay Owner, or a governmental entity as directed by applicable Laws, the fair market value per acre foot of water delivered to and used by Tenant calculated based on the location of the Property and subject to applicable Laws. Section 10.4 Indemnity. Owner and Tenant, on behalf of itself and its principals, members, officers, employees, agents, representatives, contractors, successors and assigns (the "Indemnifying Party"), shall indemnify, defend and hold harmless the other party and its principals, members, officers, employees, agents, representatives, contractors, successors and assigns (collectively, the "Indemnified Party") from and against any Expenses, including arising from (i) physical damage to property (including the personal property of the Indemnified Party) or physical injury to or death of any person, in each case to the extent caused by the negligence or misconduct of the Indemnifying Party, (ii) any violation by the Indemnifying Party of any Law, or (iii) any material default by the Indemnifying Party, or any failure to be true of any representation or warranty made by the Indemnifying Party, under this Agreement. The reference to property damage in the preceding sentence does not include losses of rent, business opportunities, profits and other consequential damages that may result from Owner's loss of use of any portion of the Property occupied by the Project pursuant to the Lease or the Lease Rights; provided, however, that an Indemnifying Party shall have no obligation to indemnify or defend any Indemnified Party with respect to any Expenses that result or arise from an Indemnified Party's acts or omissions, negligence or willful misconduct. The parties acknowledge that if Owner is a quasi -governmental entity that may have limited legal authority and financial capacity to indemnify Tenant; then in the event the Indemnifying Party under this Section is Owner, Owner shall indemnify Tenant to the extent of its legal and financial capacity. Section 10.5 Safety Measures; Waiver and Recognition. (a) Owner authorizes Tenant to take reasonable safety measures to reduce the risk of damage to the Project or the risk that the Project will cause damage, injury or death to people, livestock, other animals or property, and Tenant may construct fencing around the Project and take other security precautions if Tenant determines, in its sole discretion, that such fencing and/or security measures will reduce such risks of damage, death or injury or will protect Tenant's property. The cost of any fencing constructed by Tenant, or of any other such security measures taken by Tenant, shall be borne solely by Tenant. Owners shall comply with all safety, environmental, security, or other procedures reasonably set forth by Tenant as required for compliance with all applicable rules, regulations, laws, orders, and standards, including those set forth by the Federal Energy Regulatory Commission, the North American Electric Reliability Corporation (including the Critical Infrastructure Protection standards), any other applicable regulatory authority, and any other applicable standard setting -entity generally recognized in the energy industry. (b) Owner is aware of the potential risks associated with electromagnetic and stray voltage resulting from the production and transmission of electricity, and knowingly waives 31 Page 399 of 736 all claims resulting from these causes, and owner shall have no right to indemnity pursuant to Section 10.4 for any such claims. Owner additionally recognizes the need to exercise extreme caution when in proximity to any portion of the project and the importance of respecting gates, fences, signage, rules and other safety measures utilized by tenant, and owner agrees to exercise such caution and respect such measures at all times and to cause its principals, members, officers, employees, agents, representatives and contractors to do the same, with failure to do so constituting a material default and subjecting owner to an obligation of indemnity for the consequences thereof as set forth in Section 10.4. Section 10.6 Casualty and Condemnation. (a) If all or part of the Property is proposed to be taken as a result of any action or proceeding in eminent domain, or is proposed to be transferred in lieu of condemnation to any authority entitled to exercise the power of eminent domain (collectively, a "Taking"), Owner shall provide Tenant with immediate written notice of any impending proceeding or meeting related to such Taking and shall not in the absence of Tenant settle with the Taking authority or agree on compensation for such Taking. (b) After payment of all reasonable fees and expenses incurred by Owner and/or Tenant in collecting the award, any award or other compensation ("Award") payable as a consequence of such Taking shall be paid to Owner and Tenant in accordance with their interests in the Property, as follows: (i) Tenant shall first be entitled to receive out of the Award (A) the value of the leasehold estates pursuant to the Lease and the Lease Rights in the portions of the Property subject to the Taking that would have existed but for the Taking; and (B) the value of the Project; and (C) any other compensation or benefits payable by law to Tenant as a consequence of the interruption of Tenant's business and the other costs and expenses incurred by Tenant as consequence of the Taking; and thereafter, (ii) Owner shall be entitled to receive out of the Award (A) the value of its fee interest in the Property; and (B) any remainder of the Award. (c) This Agreement shall terminate as to any portion of the Property so condemned or taken (except in the case of a temporary Taking after the duration of which Tenant desires to continue this Agreement, and the Term shall be extended, in such event, by the duration of such temporary Taking). (d) Following any casualty event affecting the Property, or any other facilities installed thereon by Tenant, including, without limitation, any earthquake or wildfire, Tenant shall have the right to terminate this Agreement in the event any of the following events occurs: (i) Net insurance proceeds (after deducting the cost of recovery of such proceeds) are not available to pay one hundred percent (100%) of the cost of such repair, excluding any deductible that Tenant may be required to pay pursuant to other provisions of this Agreement; 32 Page 400 of 736 (ii) The Property or any facilities installed thereon by Tenant cannot, with reasonable diligence, be fully repaired by Tenant within one hundred twenty (120) days after the date of the damage or destruction; or (iii) The Property or any facilities installed thereon by Tenant cannot be safely repaired because of the presence of hazardous factors, including, but not limited to, earthquake faults, radiation, chemical waste and other similar dangers. (e) If Tenant elects to terminate this Agreement, pursuant to Section 10.6(d), Tenant may give Owner written notice of its election to terminate within thirty (30) days after such damage or destruction, and this Agreement shall terminate fifteen (15) days after the date Owner receives such notice. If Tenant elects not to terminate this Agreement, Tenant shall, following the date of such damage or destruction, commence the process of obtaining necessary permits and approvals, and shall commence repair of its facilities on the Property as soon as practicable and thereafter prosecute the same diligently to completion, in which event this Agreement shall continue in full force and effect. All insurance proceeds from insurance maintained by Tenant under Section 10.1 shall be disbursed and paid to Tenant. Tenant shall not be entitled to any compensation or damages from Owner for loss of the use of the Property, damage to Tenant's facilities or personal property or any inconvenience occasioned by such damage, repair or restoration Section 10.7 Notices. Any notices, statements, requests, demands, consents, correspondence or other communications required or permitted to be given hereunder shall be in writing and shall be given personally, by certified or registered mail, postage prepaid, with delivery confirmation, return receipt requested, or by overnight or other courier or delivery service, freight prepaid, to the address of the party to be notified indicated in the Basic Terms and Conditions (and if to a Lender, the address indicated in any notice to Owner provided under Section 8.4(a)). If to Tenant, a copy shall also be sent (which shall not constitute notice) to any and all Lenders, to Tenant's counsel at the address below, and any other party designated by Tenant in writing. With a copy to: Carl H. Bivens, Esq. Troutman Pepper Locke 1001 Haxall Point Richmond, Virginia 23219 Notices delivered by hand shall be deemed delivered when actually received, and notices sent by certified or registered mail with delivery confirmation or by overnight or other courier or delivery service shall be deemed delivered upon actual receipt, and shall be deemed to have been given on the day of actual delivery to the intended recipient (as evidenced by written acceptance of delivery by the recipient) or on the day delivery is refused. Owner and Tenant and any Lender may change its address for receipt of notices by sending notice hereunder of such change to the other party (in the case of a Lender, both parties) in the manner specified in this Section. Notwithstanding the foregoing, any amounts payable to Owner under this Agreement shall be deemed tendered three (3) days after a check for the same, addressed to Owner's address above, is deposited in the United States mail, first-class postage prepaid. 33 Page 401 of 736 Section 10.8 Force Majeure. Notwithstanding any other provision of this Agreement, the obligations of Owner and Tenant under this Agreement (other than monetary obligations, none of which shall be excused or delayed by reason of this Section) shall be suspended and excused, and the term, and any other time periods set forth herein shall continue and be extended for a like period of time, while such party is hindered or prevented, in whole or in part, from complying with any term, covenant, condition or provision of this Agreement, by any Event of Force Majeure. Section 10.9 Meetings with Third Persons. During the Term, Tenant and its representatives, agents and contractors shall have the right to (i) meet with governmental agencies and with any other Persons with whom Owner has contractual arrangements in connection with or relating to the Property or any portion thereof, and (ii) discuss with any such Persons the terms of this Agreement, the terms of any contractual arrangements between Owner and any such Person, and any other matters relating to the Property or Tenant's intended use of the Property. Section 10.10 Termination by Tenant (a) Tenant shall have the right to terminate this Agreement as to all or any portion of the Property at any time and without cause, and shall execute and cause to be acknowledged and recorded in the Real Property Records a release describing the portion of rights, title or interest released, which release shall be deemed delivered to and accepted by Owner upon such recordation. Tenant shall provide Owner notice of any such termination. The portion of the Property remaining after any partial termination of this Agreement shall thereafter be the "Property" for purposes of this Agreement and all payment amounts based on acreage shall be adjusted accordingly. Upon termination of the Lease in its entirety prior to the Construction Commencement Date, Tenant shall not have any obligations with respect to the Restoration Term or the Restoration Obligations. (b) No act or failure to act on the part of Tenant (including, without limitation, non-use of any portion of the Property for any particular period of time) shall be deemed to constitute an abandonment or surrender of the Lease, the Lease Rights or any portion thereof other than Tenant's releases given pursuant this Section 10.10. (c) Following the expiration or earlier termination of this Agreement and Tenant's completion of its obligations with respect to the Restoration Term, Tenant shall execute and cause to be acknowledged and recorded in the Real Property Records a release of all of Tenant's right, title and interest in the Property. Section 10.11 Third Party Beneficiaries. Except with respect to the rights of Lenders (which Lenders are hereby expressly made third party beneficiaries hereof to the extent of their respective rights hereunder), the agreements and covenants contained herein are made solely for the benefit of Owner and Tenant, and shall not be construed as benefiting any Person who is not a party to this Agreement. Section 10.12 Attorneys' Fees. In the event of any litigation related to the interpretation or enforcement hereof, or which in any other manner relates to the Lease, the Lease Rights, this 34 Page 402 of 736 Agreement or the Property, the prevailing party shall be entitled to recover from the other party all of its attorneys' fees and court and other costs awarded by a court of competent jurisdiction. Section 10.13 Covenants Running With the Land. The Property shall be held, conveyed, assigned, hypothecated, encumbered, leased, used and occupied subject to the provisions of this Agreement, which provisions shall run with the Property, and shall be binding upon and inure to the benefit of the parties and each other Person having any interest therein during their ownership thereof, and their respective tenants, heirs, executors, administrators, successors and assigns. Section 10.14 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is situated. Section 10.15 Memorandum. Concurrently with execution hereof, the parties shall execute a Memorandum of Lease Agreement in the form attached to this Agreement as Exhibit C and cause it to be acknowledged and recorded in the Real Property Records at Tenant's cost. Section 10.16 Joint and Several Liability. If Owner consists of more than one Person, each reference herein to "Owner" shall include each Person signing this Agreement as or on behalf of Owner and the liability of each Person signing this Agreement as Owner shall be joint and several. Section 10.17 Binding on Partial Interests. If this Agreement is not executed by one or more of the persons or entities comprising the Owner herein, or by one or more persons or entities holding an interest in the Property, then this Agreement shall nonetheless be effective, and shall bind all those persons and entities who have signed this Agreement. Section 10.18 Savings Clause. If any term or provision hereof is held to be invalid, void or otherwise unenforceable by any court of competent jurisdiction, then the same shall not affect the validity or enforceability of any other term or provision hereof, the terms and provisions hereof being severable. Section 10.19 No Waiver. The waiver of any covenant, condition or agreement contained herein shall not constitute a waiver of any other covenant, condition or agreement herein or of the future performance thereof. Section 10.20 Entire Agreement; Modifications; Conflicts. This Agreement, including any Exhibits attached hereto, contains the entire agreement between the parties in connection with any matter mentioned or contemplated herein, and all prior or contemporaneous proposals, agreements, understandings and representations, whether oral or written, are merged herein and superseded hereby. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the party against whom the enforcement thereof is sought. The submission of this document for examination and negotiation does not constitute an offer to lease, or a reservation of, or option for, the Property, and this document shall become effective and binding only upon the execution and delivery hereof by both Owner and Tenant. In the event of a conflict between the provisions contained in the Basic Terms and 35 Page 403 of 736 Conditions and the provisions of the body of this Agreement, the provisions of the Basic Terms and Conditions shall control. Section 10.21 Multiple Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one and the same document. Section 10.22 Provision of Copy of Lease. After execution by all parties to the Agreement, if Owner so requests in writing, Tenant shall provide, within thirty (30) days of receipt of such written request, Owner one (1) complete copy of this Agreement. Section 10.23 Cooperation on Owner's Interest. It is the intent of the parties hereto that all of Owner's undivided ownership interest in the Property be leased to Tenant hereunder. Owner agrees that in the event Owner's undivided ownership interest in the Property is more or less than that specified in the Basic Terms and Conditions, Owner shall, at no additional cost to Tenant, execute any and all amendments to this Agreement, the Memorandum of Lease Agreement (such amendment in recordable format) and such other documents as reasonably required to reflect Owner's proper undivided ownership interest. Owner agrees to reasonably cooperate with Tenant in completing any such amendments and in facilitating associated corrections with any title company working with Tenant. Section 10.24 Limited Accessway. Tenant shall have the right to require Owner to relocate the North Gate (as defined below) and/or the Beacon (as defined below) upon thirty (30) days prior written notice, at Tenant's sole cost and expense, to a location outside of the Property. Upon such relocation, Owner and Tenant shall enter into an amendment to this Agreement to update this Section 10.24 and Exhibit A-1 to accurately reflect Owner's access rights under this Section 10.24. Upon at least forty-eight (48) hours prior written notice to Tenant (except in the case of emergency where Owner shall use commercially reasonable efforts to provide prior written notice to Tenant), Owner shall have the right to access certain portions of the Property depicted as "Beacon" (the "Beacon") and "FAA Facility" (the "FAA Facilities") on Exhibit A-1 attached hereto and by reference made a part hereof; provided, such access to the Beacon and FAA Facilities shall be limited to entering the Property through the gates depicted as "North Gate" (the "North Gate") and "South Gate" (the "South Gate") on Exhibit A-1, and such access shall be limited to use of the area shown as "Optional Access route (Approx. 4.49 acres" on Exhibit A-1 (the "Limited Accessway"). Owner shall adhere to all security measures and protocols of Tenant, and Tenant shall have the right to have a representative present during such access over the Limited Accessway to the Beacon and/or FAA Facilities. Further, Owner's indemnity obligations under Section 10.4 shall include Owner's access rights and use of the Limited Accessway under this Section 10.24. Tenant shall not construct or install Solar Panels within those portions of the Property where the Beacon, FAA Facilities, or Limited Accessway are located, but Tenant shall have all other rights granted by this Agreement with respect to such portions of the Property, including, without limitation, installation of other Solarpower Facilities (such as transmission lines) over the Limited Accessway. Section 10.25 Restricted Area. Notwithstanding any provision of this Agreement to the contrary, Tenant shall not construct or install Solar Panels on that portion of the Property identified 36 Page 404 of 736 on Exhibit A-2 attached hereto as the "Solar Panel Restricted Area (Approx. 1,121 Acres)" (the "Restricted Area"), but Tenant shall have all other rights granted by this Agreement with respect to such portion of the Property, including, without limitation, installation of other Solarpower Facilities (such as transmission lines). [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 37 Page 405 of 736 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and delivered by their duly authorized representatives as of the Effective Date. OWNER: City of Waterloo By: Printed Name: Mayor Quentin M. Hart Title: Chief Executive Officer of the City, and Presiding Officer of the Council [Signature Page] Page 406 of 736 TENANT: GRAND HUSK SOLAR, LLC a Delaware limited liability company By: Printed Name: Title: [Signature Page] Page 407 of 736 Attachments: Exhibit A — Description of Property Exhibit A-1 — Limited Accessway Exhibit A-2 — Restricted Area Exhibit B — Permitted Encumbrances Exhibit C — Memorandum of Lease Agreement Exhibit D — Form of Estoppel Certificate Page 408 of 736 EXHIBIT A Description of Property 501.45 acres of land, more or less, in Black Hawk County, Iowa, identified as follows: A Portion of Parcel Number: 891305101016 Acreage: 283 Legal Description: Ni Nib} Soc. 52-90-15j 3E N'a.1 Sec. 32-90-13. NEl NEB- Sec. 32-90-13: NW- NEi Sec. 32-90-13 SE- NE- Sec. 32-90-13' s NE4 Sec. 32-90-13 NE- SE- Sec. 32-90-13 NW-4SE4 sec. 32-90-13 NE -a ;: Sec. 33-00-13i Sirl Sec. 33-20-13; NW S,l; Sec. 33-90-13; Si.+ SW Sec. 33-90-13. SE1 Sec. 33-90-13 atIfit_ r_gct•.9M-. (E.defil..�).- Qr. .tebe_kloithreati_cv rter._. .__0175_ . _QC.ae...qti9rt_ '{o,_tomt_ (t .Utsi.tbr_10t :-0e.p€n.4a0 ._. �lxi drift -i cke4t. (37.3.) . Ar.rtc. . the. XVtit ..?r3ct.t4uol.•.Vat ra..I). cttthe. .Nort a;;t. .fYactiQn4 . P.u3.rtr-r. (NE. Xr1.. .. -.... _ 4cct 2n/our._(4i)t. All._ in. Tor:x=141p. • North . ..._.. W_ _ (13). =4e15t _QC the . 5t: P..'I.... AND Exhibit A Page 409 of 736 Parcel Number: 901330326003 Acreage: 26.74 Parcel Number: 901331201001 Acreage: 38.48 Legal Description of Parcel Numbers 901330326003 and 901331201001: The Northeast Quarter of the Southwest Quarter of Section Nc. Thirty (30); and the Northwest Quarter of the Northeast Quarter of Section No. Thirty-one (31), all in Township No. Ninety (90) North, Range No. Thirteen (13) West of the Fifth Principal Meridian, in Black Hawk County, Iowa, except legal hit -!ways. AND Parcel Number: 901330476001 Acreage: 38.00 Legal Description: The Southeast Quarter of the Southeast Quarter of Section No. Thirty {30), Township No. Ninety (90) North, Range No. Thirteen (13) West of the Fifth Principal Meridian, Black Hawk County, Iowa. AND Parcel Number: 901331226001 Acreage: 38.00 Legal Description: The Northeast Quarter of the Northeast cue, -ter of Section No. Thirty-one (31), Township No. Ninety (90) North, Range No. Thirteen (13) West of the Fifth Principal Meridian, Black Hawk County, Iowa. AND Parcel Number: 901331276001 Acreage: 39 Parcel Number: 901331251002 Acreage: 38.23 Page 410 of 736 Legal Description of Parcel Numbers 901331276001 and 901331251002: The South One-half of the Northeast Quarter of Section No. Thirty-one (31), Township No. Ninety (90) North, Range No. Thirteen (13) West of the Fifth (5th) Principal !Meridian, Black Hawk County, Iowa. Page 411 of 736 EXHIBIT A-1 Limited Accessway • .il onal Airperl Parcel ID: 891305101016 Approx. Acreage: 1,355.76 1.60G 3,200 Feet Sources_ Esll, iarniom, [,armdL FAO, NOAA. uSGS [c} OpenSueerlhap contributes. and the GIS User Corn Fri ity 0 Airport Boundary North Gate Optional Access route (AGprox.4.19 ones) 1. suotry Gete C) Bea°°n * FM Facility Page 412 of 736 EXHIBIT A-2 Restricted Area Page 413 of 736 2181 Lone Tree Rd Big Woods Campground Area Cedar Woods Disc Golf Course Parcel IDs: 891305101016, 901330326003, 901331201001, c 901330476001,901331226001,901331276001,& 901331251002 Approx. Acreage: 1,556 acres N 7 x E Lake St North Industrial Park re W Dunkerton Rd W ter o e o 00 US -Highway 2tiS 121a YU 0 7,900 Feet Mitlport e�G I-7 Property Boundary VA Solar Panel restricted Area (Approx. 1,188.7 acres) Page 414 of 736 EXHIBIT B Permitted Encumbrances (None, unless listed below) Page 415 of 736 EXHIBIT C Memorandum of Lease Agreement [full document begins on following page] Exhibit C-1 Page 416 of 736 This document was prepared by and after recording return to: Attn: Lease & Title Department Grand Husk Solar, LLC 320 N. Sangamon Street, Suite 1025 Chicago, Illinois 60607 Telephone Number: Parcel Identification Numbers: 891305101016, 901330326003, 901331201001, 901330476001, 901331226001, 901331276001, and 901331251002 MEMORANDUM OF LEASE AGREEMENT THE STATE OF IOWA § COUNTY OF BLACK HAWK § KNOW ALL PERSONS BY THESE PRESENTS: THIS MEMORANDUM OF LEASE AGREEMENT (this "Memorandum"), is made, dated and effective as of (the "Effective Date"), by CITY OF WATERLOO of 715 Mulberry St. Waterloo, IA 50703 ("Owner"), and GRAND HUSK SOLAR, LLC, a Delaware limited liability company, with offices at 320 N. Sangamon Street, Suite 1025, Chicago, Illinois 60607 ("Tenant"), with regards to the following: 1. Solar Agreement. Owner and Tenant did enter into that certain Lease Agreement of even date herewith (the "Agreement"), which affects the real property located in the County of Black Hawk, State of Iowa, as more particularly described in Exhibit A attached hereto (the "Property"). Capitalized terms used and not defined herein have the meaning given the same in the Agreement. 2. Grant of Rights. The Agreement grants Tenant: (a) the exclusive right to study, develop and use the Property for converting solar energy into electrical energy and collecting and transmitting the electrical energy so converted; (b) the exclusive right to access, relocate and maintain the "Project," as that term is defined in the Agreement, on the Property; (c) an exclusive right to capture, use and convert the unobstructed solar resources over and across the Property; (d) a non-exclusive right for any audio, visual, view, light, shadow, noise, vibration, air turbulence, wake, electromagnetic or other effect of any kind attributable to the development of the Property for solar energy purposes and operation of the Project; (e) the right to subjacent and lateral support for the Project; (f) the right of ingress to and egress from the Project on, under, over and across the Property by means of (A) roads and lanes thereon if existing or (B) such routes, roads and lanes as Tenant may construct from time to time as provided in the Agreement; (g) the exclusive right to erect, construct, reconstruct, replace, relocate, remove, operate, maintain and use, on, under, over and across the Property, in connection with Project overhead and underground electric transmission and communication system lines and facilities; and (h) the right to undertake any Exhibit C-2 Page 417 of 736 other activities, as permitted in the Agreement, necessary to accomplish the purposes of the Agreement. 3. Term; Extensions. The Agreement shall be for an initial Development Term of up to seven (7) years from the Effective Date. If exercised pursuant to the terms and conditions of the Agreement, the term of the Agreement may be extended for a Construction Term of up to three (3) years following the Development Term. If exercised pursuant to the terms and conditions of the Agreement, the term of the Agreement may be extended for a Production Term of twenty (20) years following the Construction Term. The Agreement also provides for a right to extend the Production Term for up to four (4) separate Extension Terms of five (5) years each, totaling twenty (20) additional years, as determined by Tenant, and if the extension terms and conditions of the Agreement are met, such renewals to be exercised by Tenant at least 180 days prior to the then - current expiration date of the Production Term or Extension Term, as the case may be. The Restoration Term shall begin on the expiration or earlier termination of (a) the Construction Term, if it occurs and if construction has commenced, or (b) the Production Term, if Tenant does exercise an option to extend the term of the Lease through the Production Term, and shall expire when Tenant completes the Restoration Obligations. All rights granted pursuant to the Agreement are for a term coterminous with the Agreement. 4. Rights of Mortgagees. Pursuant to the Agreement, any Lender of Tenant or Tenant's assignees has certain rights regarding notice and right to cure any default of Tenant under the Agreement, as well as other rights as set forth in the Agreement. 5. Assignment. Tenant's rights and obligations under the Agreement are assignable without Owner's prior written consent so long as written notice of such assignment is provided to Owner after such assignment is effective. Upon any assignment of all of Tenant's right, title and interest under the Agreement, the assigning Tenant shall automatically (without the need for any writing) be released from all of its obligations and liability under the Agreement, except for liabilities that accrued prior to the date of such transfer. 6. Non -Interference and Setbacks. To the extent permitted by law Owner has waived any and all setbacks and setback requirements, whether imposed by applicable law or by any person or entity, including any setback requirements described in the zoning ordinance of the County of Black Hawk, or in any governmental entitlement or permit heretofore or hereafter issued to Tenant, such sublessee or such Affiliate. Owner has agreed not to engage in any activity that might interfere with Tenant's efforts to develop, construct or operate the Project or cause a decrease in the output or efficiency of the Project without the prior written consent of Tenant. 7. Subordination. The Agreement provides that from and after its effective date, any right, title or interest created by Owner in favor of or granted to any third party shall be subject to (i) the Agreement and all of Tenant's rights, title and interests created thereby, (ii) any lien of any lender of Tenant's then in existence on the leasehold estate created by the Agreement, and (iii) Tenant's right to create a lien in favor of any lender of Tenant's. 8. Agreement Controls. This Memorandum does not supersede, modify, amend or otherwise change the terms, conditions or covenants of the Agreement, and Owner and Tenant Exhibit C-3 Page 418 of 736 executed and are recording this Memorandum solely for the purpose of providing constructive notice of the Agreement and Tenant's rights thereunder. The terms, conditions and covenants of the Agreement are incorporated in this Memorandum by reference as though fully set forth herein. 9. No Ownership. Owner shall have no ownership, lien, security or other interest in any of the Project installed on the Property, or except for as otherwise provided in the Agreement, any profits derived therefrom, and Tenant may remove any or all Project at any time. 10. Cooperation. Owner shall fully support and cooperate with Tenant in the conduct of construction and Operations, including in Tenant's efforts to obtain from any governmental authority or any other Person any environmental impact review, permit, entitlement, approval, authorization or other rights necessary or convenient in connection with construction and Operations. Without limiting the generality of the foregoing, in connection with any application by Tenant for a governmental permit, approval, authorization, entitlement or other consent, Owner agrees (and shall use reasonable efforts to cause any such other Person to agree) not to oppose, in any way, whether directly or indirectly, any such application or approval at any administrative, judicial or legislative level. Further, in the event of legal proceedings related to Tenant's use of the Property after the Effective Date, except those arising out of the interpretation and/or enforcement of the Agreement, Owner shall, in all respects, fully cooperate with Tenant in any such proceeding. Owner agrees that Tenant may provide this Memorandum of Lease Agreement in lieu of any affidavit of Owner or other form of Owner's consent (whether oral or written) that may be requested or required in connection with Tenant's efforts to obtain any environmental impact review, permit, entitlement, approval, authorization, agreement or other rights necessary or convenient in Tenant's discretion for the Project. 11. Counterparts. This Memorandum may be executed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one and the same document. [signatures appear on following page] Exhibit C-4 Page 419 of 736 IN WITNESS WHEREOF, the parties have executed this Memorandum to be effective as of the date first written above. OWNER: CITY OF WATERLOO By: Printed Name: Mayor Quentin M. Hart Title: Chief Executive Officer of the City, and presiding officer of the council STATE OF COUNTY OF This instrument was acknowledged before me by Mayor Quentin M. Hart, Chief Executive Officer of the City and Presiding Officer of the Council of the City of Waterloo, and known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal this day of , 20 . My Commission Expires: Notary Public in and for the State of (Notary Seal) Exhibit C — Signature Page Page 420 of 736 TENANT: GRAND HUSK SOLAR, LLC, a Delaware limited liability company By: Printed Name: Title: STATE OF ILLINOIS COUNTY OF COOK § § § This instrument was acknowledged before me by of Grand Husk Solar, LLC, a Delaware limited liability company, on behalf of said company, and known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal this day of , 20 My Commission Expires: Notary Public in and for the State of Illinois (Notary Seal) Exhibit C — Signature Page Page 421 of 736 EXHIBIT "A" to MEMORANDUM OF LEASE AGREEMENT Description of Property 501.45 acres of land, more or less, in Black Hawk County, Iowa, identified as follows: A Portion of Parcel Number: 891305101016 Acreage: 283 Legal Description: NE* NW* Sec. 32-90-13; 3I Milt Sec. 32- 0-13. NE ' NEB- Sec. 32-90-13, NWIltZEE- Sec. 32-90-13 SEL NE1 Sec . 32-90-13' S' NE Sec. 32-90-13 NE- SE- Sec. 32-90-13 NW SE4 Sec. 32-90-13 NE4 : r Sec. 33-90-13 SE* S Sec. 33-20-13; NW Sec. 33-90-13; SA SWi Sec, 33-90-13, 314 SE Sec . 33-90-13 _ . Vie. Exit rrActi9M .1 ii is _ (E.1t1.. Z . a#'..the _tiorthroAt .!`r'tiGtigp_ cu ter... ..'1t.1)__Q1'.Sa.Qtt9P-'{Q•_F?wr_ (=;>.Ofisk.Lbe_.:kst.ZgtY:-rlaYsn.4a1 - rtY-eIrid, . n4P.t4t s. (3 71 ) .: :c.1),f co. Xarth - .3). , the..:1ortix(tat. aciianal..QU4rtfr.. xrl.. . _ . LCCti2Tl . So... Your. $12_ in. Tort 1b1p. _Eir.hty?ni ne _ .C89) ._ Tor_TWA-trim. (131 _4r the .5xn.P._74..... ....._... __....... . . AND Exhibit A to Exhibit C Page 422 of 736 Parcel Number: 901330326003 Acreage: 26.74 Parcel Number: 901331201001 Acreage: 38.48 Legal Description of Parcel Numbers 901330326003 and 901331201001: The Northeast Quarter of the Southwest QuoIter of Section nc. Thirty (30); and the Northwest Quarter of the Northeast. Quarter of Section No. Thirty-one (31), all in Township No. Ninety (90) North, Range No. Thirteen (13) West of the Fifth Principal Meridian, in Black Hawk County, Iowa, except legal hir!,ways. AND Parcel Number: 901330476001 Acreage: 38.00 Legal Description: The Southeast quarter of the Southeast Quarter of Section No. Thirty (30), Township No. Ninety (90) North, Range No. Thirteen (13) West of the Fifth Principal Meridian, Black Hawk County, Iowa. AND Parcel Number: 901331226001 Acreage: 38.00 Legal Description: The Northeast Quarter of the Northeast Gue.,ter of Section No. Thirty-one (31), Township No. Ninety (90) North, Range No. Thirteen (13) West of the Fifth Principal Meridian, Black Hawk County, Iowa. AND Parcel Number: 901331276001 Acreage: 39 Parcel Number: 901331251002 Acreage: 38.23 Legal Description of Parcel Numbers 901331276001 and 901331251002: Page 423 of 736 The South One-half of the Northeast Quarter of Section No. Thirty-one (31), Township No. Ninety (90) North, Range No. Thirteen (13) West of the Fifth (5th) Principal Meridian, Black Hawk County, Iowa. Page 424 of 736 EXHIBIT D Form of Estoppel Certificate ESTOPPEL CERTIFICATE ([ ]) Owner: L ] Tenant: [ ], a Delaware limited liability company Collateral Agent: L ]., as collateral agent (the "Collateral Agent") for the Secured Parties (as defined in the Financing Agreement (as defined below)) ("Secured Parties") Collateral Agent's Address: Tax Equity Investor: r ] r ] r ] r ] Attention: [ ] Email: [ ] [ ], as Class A Investor (as defined in the ECCA (as defined below)) ("Tax Equity Investor") Tax Equity Investor's Address: r ] Attn: [ ] [ ] [ ] [ ] Attention: [ ] Email: [ ] with a copy to (which shall not constitute notice): r ] r ] r ] Attention: [ Email: [ Exhibit D-1 Page 425 of 736 Title Company: [ ], a [ ] corporation (the "Title Company", together with the Collateral Agent and the Tax Equity Investor, the "Relying Parties") Title Company Address: Attention: [ ] Lease: Property: Description attached hereto as Exhibit B. Owner hereby certifies the following to (a) the Collateral Agent, for the benefit of the Secured Parties, and its successors, assigns and/or designees, (b) Tax Equity Investor, (c) Tenant and (d) the Title Company and its successors, assigns and/or designees, in each case, as of the Effective Date (as defined below) concerning the above -referenced Lease and the Property, with the understanding that (i) the Collateral Agent and the Secured Parties will be relying on such statements with respect to loans, letters of credit and other financial accommodations to be made to Tenant and/or affiliates of the Tenant under that certain Financing Agreement, dated as of [ ], 20 (as amended, amended and restated, supplemented or otherwise modified from time to time, the "Financing Agreement"), by and among [ ], a Delaware limited liability company, [ ], a [ ] (collectively, the "Borrowers"), the Collateral Agent, and the other agents, arrangers and financial institutions or other Persons from time to time party thereto, (ii) the Tax Equity Investor will be relying on such statements with respect to tax equity investments and other financial accommodations to be made to Tenant and/or affiliates of the Tenant under that certain Equity Capital Contribution Agreement, dated as of [ ], 20 (as amended, amended and restated, supplemented or otherwise modified from time to time, the "ECCA"), by and between [ ], a [ ]limited liability company, and the Tax Equity Investor, (iii) the Tenant will be relying on such statements with respect to the loans, letters of credit and other financial accommodations to be made in connection with the Financing Agreement and the tax equity investments and other financial accommodations to be made in connection with the ECCA and (iv) the Title Company will be relying on such statements with respect to the issuance of title insurance policies to the Collateral Agent and Tenant: 1. A true, correct and complete copy of the Lease (and all amendments and supplements thereto) is attached to this Estoppel Certificate as Exhibit A and incorporated herein for all purposes. There are no other documents or agreements (written or oral) that are a part of the Lease and no other documents or agreements (written or oral) between Owner and Tenant with respect to the Property or the Project. The parties agree that the copy of the Lease attached hereto as Exhibit A shall be removed prior to recordation of this Estoppel Certificate; provided, however, that the absence of such Exhibit A for recordation purposes shall not affect the effectiveness of Exhibit D-2 Page 426 of 736 this Estoppel Certificate and the representations, acknowledgements and agreements described herein. 2. The Lease is in full force and effect and has not been modified, restated, cancelled, supplemented, surrendered, or terminated (except as identified herein). The Lease represents the entire agreement between Owner and Tenant with respect to the Property subject to the Lease. The term of the Lease commenced on and will expire on unless extended as provided in the Lease. Tenant has the right to extend the term of the Lease for [ ( )] extension term of [ ( ) years and ( ) months]. Owner has not received notice of any prior assignment or sublease of any right, title or interest of Tenant in, to or under the Lease. 3. To Owner's knowledge, Tenant has fulfilled all of its obligations under the Lease now due and owing, and there are no uncured Events of Default of Tenant with respect to the Lease. There are no uncured Events of Default of Owner with respect to the Lease. There currently exists no dispute (or any threatened dispute) between Owner and Tenant with respect to the Lease and there are no delinquent payments under the Lease. Owner has no present right to terminate the Lease. Tenant has neither given nor received any notice of default, Event of Default or termination of the Lease. Owner has neither given nor received any notice of default Event of Default or termination of the Lease. There are no facts or circumstances which with the giving of notice or lapse of an applicable cure period, or both, would constitute a breach or default under the Lease. 4. Owner is the current holder of the fee title of the surface estate and the mineral estate to the Property described in the Lease. Owner: (a) holds the entire interest of owner under the Lease; (b) has not conveyed, mortgaged, assigned or otherwise transferred the Property or Owner's interest in the Lease to any third party; and (c) has not agreed to convey, mortgage, assign or otherwise transfer the Property or Owner's interest in the Lease to any third party. Owner acknowledges that pursuant to the Lease, Owner shall not exercise or lease or permit any other person or entity to exercise any water or mineral rights on the surface of the Property, or above a depth of 500 feet on the Property or if such exercise by Owner interferes with Tenant's use of the Property for the purpose of installation, construction, operation, maintenance, repair, improvement, or replacement of the Project and uses incidental thereto. All representations made by Owner and Tenant in the Lease are true and correct in all material respects as of the date hereof. 5. Except for the lien for this year's property taxes that are not now due and payable, there are no judgments, liens, deeds of trust or mortgages encumbering the Property and there are no unpaid bills, outstanding claims or persons entitled to claims for mechanics or materialmens' liens against the Property for work performed on the Property by or for Owner (as opposed to work performed on the Property by or for Tenant). 6. Owner acknowledges receiving notice of the name and address of each Relying Party. 7. Tenant has informed Owner that Tenant has granted a first -priority lien and security interest in Tenant's leasehold estate in the Property under the Lease and the Project to the Collateral Exhibit D-3 Page 427 of 736 Agent to secure the repayment of the loans and other financial accommodations made under the Financing Agreement. Owner agrees that (i) the Collateral Agent, the Secured Parties, the Tax Equity Investor and any affiliates, successors and assigns, shall be deemed to be and shall be entitled to all of the rights, benefits and protections of, a "Lender" pursuant to Section [_] of the Lease and the other provisions thereof, and (ii) the Collateral Agent, the Secured Parties, the Tax Equity Investor and any affiliates, successors and assigns and transferees, shall be deemed to be and shall be entitled to all of the rights, benefits and protections of, an "Assignee" pursuant to Section [ ] of the Lease and the other provisions thereof. Notwithstanding the foregoing, the rights of the Collateral Agent and the Tax Equity Investor or any affiliates, successors and assigns with respect to an assignment or transfer of the Lease shall be subject to Paragraph 8 below. 8. In addition to the provisions specified in Section [] of the Lease, the following shall apply to the Collateral Agent, the Tax Equity Investor, their affiliates, successors and assigns (for so long as the Collateral Agent, the Tax Equity Investor, their affiliates, successors and assigns remain a "Lender" under the Lease) and to each other person that provides written notice to Owner that it is a "Lender" under the Lease (and for so long as each such person remains a "Lender" under the Lease): 8.1 Owner agrees to provide notice of any request by Tenant for any amendment, modification, or supplement to the Lease to the Collateral Agent and the Tax Equity Investor at the address provided to Owner by the Collateral Agent and the Tax Equity Investor. Owner agrees that, for so long as a Collateral Agent or Tax Equity Investor is a "Lender" under the Lease, Owner shall provide such notices to the Collateral Agent and the Tax Equity Investor at the address already provided to Owner (or at such other address as the Collateral Agent or the Tax Equity Investor may from time to time provide). 8.2 The Collateral Agent shall have the absolute right, without Owner's consent, to take any of the following actions or do any of the following: (i) assign, amend, modify and/or restate its Deed of Trust (as defined below); (ii) enforce its Deed of Trust; (iii) acquire title to Tenant's leasehold estate under the Lease (whether by foreclosure under its Deed of Trust or assignment in lieu of foreclosure); (iv) take possession of the Project or the Property pursuant to its rights under its Deed of Trust and operate the Project subject to compliance with the Lease; (v) following acquisition of title (or a third party's acquisition of title) to Tenant's leasehold estate under the Lease as a result of the Collateral Agent's foreclosure or assignment in lieu of foreclosure, (a) assign or transfer Tenant's leasehold estate under the Lease to a successor third party, (b) engage an operator experienced in the operation of photovoltaic solar projects or (c) comply with the assignment provisions of the Lease; (vi) exercise any rights of Tenant with respect to the Lease or (vii) cause a receiver to be appointed to do any of the foregoing things. Tenant has entered into (a) the Deed of Trust (as defined in the Financing Agreement) ("Deed of Trust"), in favor of the Title Company, as trustee for the benefit of the Collateral Agent. 8.3 The Collateral Agent shall have no obligation under the Lease prior to the time that the Collateral Agent succeeds to absolute title to the leasehold estate of Tenant under the Lease; and the Collateral Agent shall be liable to perform obligations under the Lease only for and during the period of time that the Collateral Agent directly holds such absolute title. Further, in the event that the Collateral Agent elects, prior to the time that such Collateral Agent succeeds to Exhibit D-4 Page 428 of 736 absolute title to the leasehold estate of Tenant under the Lease, to (i) perform Tenant's obligations under the Lease, (ii) continue Tenant's operations on the Property, (iii) acquire any portion of Tenant's right, title or interest in the Property or under the Lease or (iv) enter into a new agreement as provided in Paragraph 8.4 below, then the Collateral Agent shall not have any personal liability to Owner in connection therewith, and Owner's sole recourse in the event of default by the Collateral Agent shall be to exercise those remedies of Owner permitted pursuant to the Lease. Moreover, the Collateral Agent or other party who acquires the leasehold estate created by the Lease pursuant to foreclosure or an assignment in lieu of foreclosure shall not be liable to perform any obligations thereunder to the extent the same are incurred or accrue after the Collateral Agent or other party no longer has ownership of such leasehold estate. 8.4 In the event that the Lease is rejected or disaffirmed pursuant to bankruptcy law or any other law affecting creditor's rights, then, so long as the Collateral Agent has cured any monetary event of default by Tenant and is making commercially reasonable efforts to cure any non -monetary event of default by Tenant (other than the bankruptcy of Tenant) as provided therein, Owner shall, immediately upon written request from the Collateral Agent received within ninety (90) days after any such termination, rejection or disaffirmance, without demanding additional consideration therefor, enter into a new agreement in favor of the Collateral Agent, which new agreement shall (i) contain the same covenants, agreements, terms, provisions and limitations as the Lease (except for any requirements that have been fulfilled by Tenant prior to such termination, rejection or disaffirmance), (ii) be for a term commencing on the date of such termination, rejection or disaffirmance, and continuing for the remaining term of the Lease before giving effect to such termination, rejection or disaffirmance and (iii) enjoy the same priority as the Lease over any lien, encumbrance or other interest created by Owner. On execution of such new agreement by the Collateral Agent, and until such time as such new agreement is fully executed and delivered by all parties, the Collateral Agent may enter, use and enjoy the Property and conduct operations thereon as if the Lease were still in effect. At the option of the Collateral Agent, the new agreement may be executed by a designee of the Collateral Agent, without the Collateral Agent assuming the burdens and obligations of Tenant thereunder. If more than one "Lender" makes a written request for a new agreement pursuant hereto, then the same shall be delivered to the Collateral Agent whose Deed of Trust is senior in priority. 9. Owner acknowledges its obligation to give notice of any act of default of Tenant under the Lease to the Collateral Agent and the Tax Equity Investor at its address stated above (or such other addresses specified by the Collateral Agent or the Tax Equity Investor in writing to Owner). 10. Other than Tenant, there are no tenants or other third parties using or otherwise occupying the Property, including, but not limited to, any third party mineral and water rights holders. 11. There are no actions or proceedings, whether voluntary or involuntary, pending against Owner in any State or Federal court (including any bankruptcy court, governmental authority, or arbitration board or tribunal which could reasonably be expected to have a material adverse effect on the ability of Owner to perform its obligations under the Lease), or any judgments affecting Owner's title to the Property, and, to the knowledge of Owner, none have been Exhibit D-5 Page 429 of 736 threatened. As used herein, the term "pending" means actions or proceedings which have been filed and actually served on Owner. 12. Owner has not received notice of any condemnation of or any other governmental or judicial action against, or threat of condemnation of or any other governmental or judicial action against, the Property, or a portion of the Property, that remains in effect or unresolved. 13. Owner is not aware of any event, act, circumstance, or condition constituting an Event of Force Majeure or otherwise excusing the performance of any party under the Lease. No known facts exist entitling Owner to any claim, counterclaim, offset, or defense against the Tenant in respect of the Lease. 14. This Estoppel Certificate shall be binding upon Owner and its successors and assigns. 15. This Estoppel Certificate may be executed with counterpart signature pages and in duplicate originals, each of which shall be deemed an original, and all of which together shall constitute a single instrument. 16. This Estoppel Certificate is made and delivered as of (the "Effective Date"). This Estoppel Certificate may be relied upon by the Tenant, the Collateral Agent, the other Secured Parties (as defined in the Financing Agreement), the Tax Equity Investor and the Title Company, the successors and assigns of each of them and any future leasehold mortgagee of Tenant. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Exhibit D-6 Page 430 of 736 IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, have duly executed this Estoppel Certificate as of the day and year first above written. OWNER: By: Name: Title: [Estoppel Signature Page] Page 431 of 736 EXHIBIT "A" To Estoppel Certificate [Lease Agreement and any amendments to be attached but not to be recorded] Exhibit A to Estoppel Certificate Page 432 of 736 EXHIBIT `B" To Estoppel Certificate Description of Property [LEGAL DESCRIPTION AND SURVEY DRAWING TO BE ATTACHED] Exhibit B to Estoppel Certificate Page 433 of 736 Night- � m WMOI .£/555000 I////)/2/;ME1 iv.i |§}[}\(\{$(\\ &\\Z |-))§}(§ ` .E...a __;Mill (§$§{(\[(f§}/] `/\§),;,,,;,,, AwEWA_:::_,;_ • • COND.-O-FAX STATE OOWI IN MC,. ),§.# h§ 'T)hi |))| E|&§■ \§ O }[}5}5§ CIN OL WATE0.LW LUTVOF WATEELOV )}§( §6§I||§ ](|[ §..,.,.,,.... Pa e 4 34 of 736 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 December 1, 2025 AGENDA ITEM TITLE Request by the City of Waterloo to rezone approximately 0.33 acres from "C-1, C-Z" Conditional Zoning District to "R-2" One and Two Family Residence District located at 541 Albany Street. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The City of Waterloo is requesting to rezone the property in question from "C-1, C-Z" Conditional Zoning District back to "R-2" One and Two Family Residence District. Previous owners of the property requested to rezone the property in 2003 from "R-2" One and Two Family Residence District to "C-1, C-Z" Conditional Zoning District in order to operate a commercial kennel service at the property. The property was sold at tax sale in 2010, and it appears that the applicants at that time never built the kennels that they had proposed. The property went through a recent owner change and the new owners came to the Planning Office to ask about some questions about the property and staff at that time asked if they were willing to allow the property to be rezoned back to residential to which they had no objections and signed the application form. NEIGHBORHOOD IMPACT The request to rezone the property would not appear to have a negative impact upon the surrounding area, as the property is residential, and this will rezone the property back to residential, as there is no active or planned commercial use of the property. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS A public hearing was held by the Planning, Programming, and Zoning Commission at their November 12, 2025, meeting, and they voted 7-0 to recommend approval, and notices were sent to all property owners within 250 feet. Page 435 of 736 SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION SHILLIAMS FOURTH ADDITION LOTS 11 & 12 of BLK 2. ATTACHMENTS 1. Staff Report - 541 Albany Page 436 of 736 CITY OF WATERLOO Planning & Zoning TO: PREPARER: PZ MEETING DATE: REQUEST: APPLICANT: LOCATION: Planning, Programming, and Zoning Commission John Dornoff, Planner II November 12, 2025 Rezone approximately 0.33 acres from "C-1, C-Z" Conditional Zoning District to "R-2" One and Two Family Residence District City of Waterloo 541 Albany Street SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: The request to rezone the property would not appear to have a negative impact upon the surrounding area, as the property is residential, and this will rezone the property back to residential, as there is no active or planned commercial use of the property. l..:..SNFJfJI PTL J oiErnasr M-1 MiUrAD) E - _-- Il Ik 3I i } .4l 1LI 11 WI ;1i11 1T-A ��I1 ! 1i1 l ! 11.1-I 1 1 111 I i I`,I 111 C-2 1 R-3,R-P Page 437 of 736 VEHICULAR & The proposed rezone would not appear to have a negative PEDESTRIAN impact upon vehicular or pedestrian traffic conditions in the TRAFFIC area. The site is served by Albany Street and Lewis Street, CONDITIONS: which are local streets. RELATIONSHIP TO The Martin Luther King Jr. trail is located 0.07 miles to the RECREATIONAL south. There is a sidewalk along the south side of Albany TRAIL PLAN AND Street. COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: The area in question has been zoned "C-1, C-Z" Conditional Zoning District since being rezoned from "R-2" One and Two Family Residence District with the adoption of Zoning Ordinance 4619 on June 16, 2003. Surrounding land uses and their zoning designations are as follows: North — Vacant land, zoned "R-2" One and Two Family Residence District. South —Albany Street, residential and vacant land zoned "R- 2" One and Two family Residence District. East — Lewis street, residential and vacant land zoned "C-1" Commercial District. Page 438 of 736 DEVELOPMENT HISTORY: PUBLIC /OPEN SPACES/ SCHOOLS: FLOODPLAIN: DRAINAGE: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC West — Residential and vacant land zoned "R-2" One and Two Family Residence District. Residential built between 1929 and 2017, and a detached garage without a primary structure built in 1978. Cunningham School of Excellence is 0.49 miles to the southeast, George Washington Carver Middle School is located 1.77 miles to the northwest, and East High School is located 0.75 miles to the west. Furgerson-Fields Park is located 0.26 miles to the northwest. No portion of the property is located within a flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0189F, dated July 18, 2011. The proposed request would not appear to have a negative impact upon drainage in the area as there will be no changes to the property. There is 8" sanitary sewer lines in Albany Street and Lewis Street south of Albany Street, a 4" sanitary sewer line in Lewis Street north of Albany Street, and water mains in Lewis and Albany streets. Page 439 of 736 STAFF ANALYSIS — ZONING ORDINANCE STAFF ANALYSIS — SUBDIVISION ORDINANCE STAFF ANALYSIS — SITE ANALYSIS: TECH REVIEW AND UPDATES: PLANNING, PROGRAMMING AND ZONING COMMISSION: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: The rezone meets all requirements of the Zoning Ordinance. The applicants are not looking to subdivide the property at this time. The City of Waterloo is requesting to rezone the property in question from "C-1, C-Z" Conditional Zoning District back to "R-2" One and Two Family Residence District. Previous owners of the property requested to rezone the property in 2003 from "R-2" One and Two Family Residence District to "C-1, C-Z" Conditional Zoning District in order to operate a commercial kennel service at the property. The property was sold at tax sale in 2010, and it appears that the applicants at that time never built the kennels that they had proposed. The property went through a recent owner change and the new owners came to the Planning Office to ask about some questions about the property and staff at that time asked if they were willing to allow the property to be rezoned back to residential to which they had no objections and signed the application form. There was no comments at the Tech Review Committee meeting for this item. The Planning, Programming, and Zoning Commission voted 7- 0 to recommend approval of the request at their November 12th, 2025 meeting. The Future Land Use Map designates this area as Low Density Residential. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. Page 440 of 736 WILLOW ST — — — — — — — — — — — — 541 Albany Street Future Land Use Map: Low Density Residential — _ — — — ALBANY ST- — — — — — — �` — — Picture 1: 541 Albany Page 441 of 736 Picture 2: Looking west from Lewis Street. Picture 3: Looking southwest from Lewis Street. Page 442 of 736 STAFF Therefore, staff recommends that the request the City of RECOMMENDATION: Waterloo to rezone approximately 0.33 acres from "C-1, C-Z" Conditional Zoning District to "R-2" One and Two Family Residence District located at 541 Albany Street, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would return the property to its original residential zoning. Page 443 of 736 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 December 1, 2025 AGENDA ITEM TITLE Request by Luke and Megan Finley to rezone approximately 1.18 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District located east of 930 East Orange Road. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The rezone request meets all the requirements of the Zoning Ordinance by the property meeting the minimum bulk requirements for the "R-1" One and Two Family Residence District. The applicant is proposing to rezone approximately 1.18 acres in order to build a new single-family home. The property is 4.61 acres. There are agricultural buildings on the property already. The rezone request will not affect those buildings, as that part of the property will stay zoned "A-1" Agricultural District. The home will be built in the rezone area. There was recently some right-of-way that was condemned along Hammond Avenue. The condemned area runs at an angle to the road. This has not shown up in the maps yet. The size of the rezone area is approximate to take this into account. In the Technical Review Committee meeting, the Engineering Department noted that if the applicant was planning on having their access to come off Hammond Avenue, then they will need to install a culvert. It will likely have to be at least an 18 inch culvert, but may need to be larger. At their regular meeting on November 12, 2025, the Planning, Programming, and Zoning recommended approval of the request unanimously. NEIGHBORHOOD IMPACT The request would not appear to have a negative impact on the neighborhood as the area has agricultural fields, a few houses, as well as Hawkeye Community College and apartment buildings. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS Page 444 of 736 At their regular meeting on November 12, 2025, the Planning, Programming, and Zoning recommended approval of the request unanimously. Notice was sent to property owners within 250 feet. SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION The South 200 feet of the North 436 feet of the East 335 feet of the Northeast'/4 of the Northeast'/4 of Section 22, T88N, R13W, City of Waterloo, Black Hawk County, Iowa. ATTACHMENTS 1. Staff Report- E Orange Rd Rezone Page 445 of 736 CITY OF Vel WATERLOO Planning R Zoning TO: PREPARER: PZ MEETING DATE: REQUEST: APPLICANT: LOCATION: Planning, Programming, and Zoning Commission Joseph Geilman, Planner I November 12, 2025 Rezone approximately 1.18 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District to build a new single family home. Luke and Megan Finley East of 930 East Orange Road. A-1 SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: 0 E ORANGE RD a -'FRVICE CT- / I �o I -I I- 0 a co Z w L U C • C.1 .c co --VISION ST---- m� �L` I-------- C'--1,Gz CT.\ ➢ SNAW• OCK DR z R-4,R-P \\ ` �oGST4i, Y m (IRISH DR• lvt� The request would not appear to have a negative impact on the neighborhood as the area has agricultural fields, a few houses, as well as Hawkeye Community College and apartment buildings. Page 446 of 736 VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Area to be rezoned The proposed rezone would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Hammond Avenue, which is a Local Road, and East Orange Road, which is a Collector. There are no recreational trails or sidewalks located near the site. The area in question has been zoned "A-1" Agricultural District since the adoption of the zoning ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North — East Orange Road and agricultural land, zoned "A-1" Agricultural District. South —Agricultural land, zoned "A-1"Agricultural District. East — Hammond Avenue and agricultural land, zoned "R-4, R- P" Planned Residence District, as well as Hawkeye Community College and apartments West —Agricultural buildings, single family homes, and agricultural land, zoned "A-1" Agricultural District. Page 447 of 736 DEVELOPMENT HISTORY: PUBLIC /OPEN SPACES/ SCHOOLS: FLOODPLAIN: DRAINAGE: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. The surrounding area consists primarily of agricultural land. The two homes to the west of the rezone site were built in 1922 and 1967. Orange Elementary School is approximately a mile to the northwest of the rezone site. Hawkey Community College is approximately half a mile to the northeast of the site. There are no parks in close proximity to the rezone site. The southeast corner of the rezone area is located within a flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0312G, dated May 8, 2024. A drainage plan is not required for this request. There is a 12" Water Main running along Hammond Avenue and East Orange Road. There is an 18" Sanitary Sewer Main 530 feet to the south of the rezone area. Page 448 of 736 STAFF ANALYSIS — ZONING ORDINANCE STAFF ANALYSIS — SUBDIVISION ORDINANCE STAFF ANALYSIS — SITE ANALYSIS: The rezone request meets all the requirements of the Zoning Ordinance by the property meeting the minimum bulk requirements for the "R-1" One and Two Family Residence District. The applicants are not looking to subdivide the property at this time. The applicant is proposing to rezone approximately 1.18 acres in order to build a new single-family home. The property is 4.61 acres. There are agricultural buildings on the property already. The rezone request will not affect those buildings, as that part of the property will stay zoned "A-1"Agricultural District. The home will be built in the rezone area. There was recently some right-of-way that was condemned along Hammond Avenue. The condemned area runs at an angle to the road. This has not shown up in the maps yet. The size of the rezone area is approximate to take this into account. Page 449 of 736 Picture 1: Looking northwest from Hammond Avenue at area to be rezoned. Picture 2: Looking southwest from Hammond Avenue at the area to be rezoned Page 450 of 736 WAYNE CLAASSEN ENGINEERING AND SURVEYING. INC. P.O. FOX R98 WATERLOO. IOWA 50704-OR DR 100 INCH = 100 FEET Lei 1 Narekeye NegMs Npa'Oo'a0'E A2.72' PHONES (VOICE) 319-235-6294 (FAX) 319-235-0028 ACQUISITION PLAT Part of the NE 1/4 of Sec. 22-T88N-R13W. Waterloo, Block Hawk County. Iowa Sunray for Waterloo Water Works Proprietor. Roger T. Kolsem Revocable Trust Orange Rood NWTa0b0'F 224.2S' � o� (533 33�2� \$ 3.s' a2' g .�.pr `�\\ scum Ra,Hr-OF-MAY 73NE. 07050 £ ROAD 305.75' (9l85753 d l (30.001 Ir a f' SHEET 2 OF� POINT OF COMMENCEMENT NE CORNER. SEC. 22-T88N-R13W (FOUN) 1/2" ROMP) boo. No. 2017-15850 Traci A" SubdIvhdan 2'41 1/2 E-14>,B,tar25 3 4-118.15' L / HCIONYV WOO. Tro 3 A" Q ilk, l 2. SFIELD BOOK 746-01 gi POINT OFtDEMNNOIC. f' ', 121IP. CON21000110N EASE (SaR13'5211) NOTCH ONE. PARCEL "A" (32.4F7� r@9'401/4'E-30275' 07w5253E)_ - \ I (30.50') (558275311') V (5b.31') NORRIEIT COR., PARCEL "A" Doc. Nu. 2017-15794 (FOUND PIN & ORANGE 7 CAA /23212)--"---..„+ POINT OF BEGINNING, ACQIHSRION Hammond Avenue Page 451 of 736 TECH REVIEW AND UPDATES PLANNING, PROGRAMMING AND ZONING COMMISSION RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: The Engineering Department noted that if the applicant was planning on having their access to come off Hammond Avenue, then they will need to install a culvert. It will likely have to be at least an 18 inch culvert, but may need to be larger. At their regular meeting on November 12, 2025, the Planning, Programming, and Zoning recommended approval of the request unanimously. The Future Land Use map designates this area as Mixed Residential: Low, Medium, High Density Residential, Professional offices. This request is in conformance with the Comprehensive Plan and Future Land Use Map. -E ORANGE RDA - r II mil 930 East Orange Road AM = AI a z Ati 0 Area to be rezoned Z Future Land Use Map: Mixed Residential WATF4 OE ` wr o STAFF RECOMMENDATION: Therefore, staff recommends that the request to rezone approximately 1.18 acres from "A-1" Agricultural District to "R- 1" One and Two Family Residence District to build a new single family home, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on the surrounding area. Page 452 of 736 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 December 1, 2025 AGENDA ITEM TITLE Sale and conveyance of approximately 6.29 acres of city -owned property, located directly north of 3470 West Airline Highway, including a Development Agreement. RECOMMENDED COUNCIL ACTION Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a resolution to approve an amendment to the development agreement with International Paper Company, for the sale and conveyance of approximately 6.29 acres of city owned property, and instructing the City Clerk to publish notice. Attached is a plat of survey that shows Parcel K, which said parcel is required for a new rail spur and utilities to serve International Paper's new 850,000 square foot corrugated box manufacturing plant. The parcel is also integral to future planned building expansions. NEIGHBORHOOD IMPACT There will be no negative impact to the surrounding area, and the new rail spur will serve as a means of getting product delivered to the facility. DATA, ANALYSIS, AND STRATEGIES Infrastructure and Economic Development. IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 453 of 736 Parcel K of the Southeast Quarter of Section 5, Township 89 North, Range 13 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County, Iowa, as shown on Plat of Survey filed as Document No. 2025-01860, and more particularly described as follows: Beginning at the intersection of the west line of Tract "K", MidPort America Park Plat No. 2 and the north right-of-way line of the Canadian National Railroad, thence North 89° 12' 25" West on said north ROW line 1,215.14 feet to the southeast corner of Parcel B of the SW 1/4 of Section 5, thence North 07° 02' 21" East 293 03 feet on the east line of said Parcel B, said line being parallel with and 684 feet distant from the centerline of Runway 18/36, thence South 82° 57' 52" East 1,207.40 feet on a line that is parallel with the south line of the Runway 18/36 runway protection zone to a point on the said west line of Tract "K"' being the intersection of said west line and a line that is 160 feet north of and parallel with the said north railroad ROW line, thence South 06° 51' 18" West 160.90 feet on said west line to the point of beginning containing 274,116 square feet (6.29 acres). ATTACHMENTS 1 Amendment to Development Agreement 2. Parcel K Plat of Survey 3. Original Development Agreement - 8/7/2017 Page 454 of 736 Prepared by Austin J. McMahon, Lange & McMahon, PLC, 222 15' St. E., Independence, IA 50644 319-334-4488 AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2025 by and between International Paper Company (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated January 6, 2025 ("DA"), which is on file with City Clerk. B. The parties desire to amend the DA as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The DA is hereby amended to provide that, in addition to the conveyance described in the DA, the City shall also convey to Company by special warranty deed the following described real estate: Parcel K of the Southeast Quarter of Section 5, Township 89 North, Range 13 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County, Iowa, as shown on Plat of Survey filed as Document No. 2025-01860, and more particularly described as follows: Beginning at the intersection of the west line of Tract "K", MidPort America Park Plat No. 2 and the north right-of-way line of the Canadian National Railroad, thence North 89 12' 25" West on said north ROW line 1,215.14 feet to the southeast corner of Parcel B of the SW 1/4 of Section 5, thence North 07° 02' 21" East 293 03 feet on the east line of said Parcel B, said line being parallel with and 684 feet distant from the centerline of Runway 18/36, thence South 82° 57' 52" East 1,207.40 feet on a line that is parallel with the south line of the Runway 18/36 runway protection zone to a point on the International Paper - Business Use ge4J;,0 Page 2 said west line of Tract "K"' being the intersection of said west line and a line that is 160 feet north of and parallel with the said north railroad ROW line, thence South 06° 51' 18" West 160.90 feet on said west line to the point of beginning containing 274,116 square feet (6.29 acres). 2. All of the terms and conditions concerning events of default and remedies of the City, including but not limited to, a possibility of reverter, shall be applicable to Parcel K and the conveyance thereof. 3. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. This Amendment may be executed in multiple counterparts. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA INTERNATIONAL PAPER COMPANY By: B Quentin M. Hart, Mayor Name: W. Neely Mallory, IV Attest: Title: Director, Real Estate Kelley Felchle, City Clerk 4101 y Holt International Paper - Business Use dge 4J 0 0 in 0 0 0 N IN 0 • N tPr N te- O uJ - O N 1,0 0 Li.K W Q Li"- t]ZC O W W W i 0fa DZ M NOOw Zm O W W W O N aC tY aC U Noel Anderson, City of Waterloo City of Waterloo William W. Castle E co FT cm as In 0 C O • d C as W 00 c"n as a) og Z Ui 715 Mulberry St, Waterloo, IA 50703 291-4312 Return To: Description Parcel"K" A parcel of land located in the Southeast Quarter (SE 1/4) and Southwest Quarter (SW 1/4) of Section 5, Township 89 North, Range 13 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, and being more particularly descnbed as follows Beginning at the intersection of the west line of Tract "K", MidPort America Park Plat No 2 and the north right-of-way line of the Canadian National Railroad, thence North 89° 12' 25" Westt on said north ROW line 1,215 14 feet to the southeast corner of Parcel B of the SW 1/4 of Section 5, thence North 07° 02' 21" East 293 03 feet on the east line of said Parcel B, said line being paraillel with and 684 feet distant from the centerline of Runway 18136, thence South 82° 57' 52" East 1,2107 40 feet on a line that is parallel with the south line of the Runway 18/36 runway protection zone to a point on the said west line of Tract "K"' being the intersection of said west line and a line that is 160 feet north of and parallel with the said north railroad ROW line, thence South 06° 51' 18" West 160 90 feet on said west line to the point of beginning containing 274,116 square feet (6 29 acres) - r 0 o O) O co • a gam• 0) O cocr ocz N 1� c0 "� O sai � L Q. F-- ry Plat Legend- • Found Monument o Set 5/8" x 24" Rebar w/Blue Cap "Iowa -19715" Cut "X"in concrete, found or set A Found section comer monument A Set section corner monument (123 45') Record Measurement 123as Field Measurement f NW CORNER, i SEC 5, T89N, R13W, 2" BRASS DISC IN PCC i PER DOC #2014-11413 0 250 500 Scale 1 inch= 500 feet N 1/4 CORNER, SEC 5, T89N, R13W, FD OPEN PIPE W/YELLOW 1 ID CAP NO 8505 PER DOC #2006-15216 APPROX NORTH LINE SW 1/4, SEC 5, T89N, R13W UNPLATTED SW 1/4, SEC 5-89-13 PARCEL "B" SW 1/4, SEC 5, T89N, R13W N 07°02'21" E 293 03' CANADIAN NATIONAL RR SW CORNER, SEC 5, T89N, R13W, FD NO 5 REBAR IN PCC PER DOC #2015-07526 ( SOUTH LINE SW 1/4, SEC 5, T89N, R13W N 88°56'27" E 2666 85' I '�~��L��� r_- SSIOA/,q�1ttt I hereby certify that this surveying document was prepared and the related survey work was performed by me or under QC°°°° ° ° °O° �9.ytl't ° my direct personal supervision and that I am a duly licensed Oe 0 WILLIAiiM o NIIi/ o < Land Surveyor under the laws of the State of Iowa Z w CASTLE a ° m W� 47'rims- �11 (. o° 19715 0 "c" William W Castle, PLS Date 1.r o ° �0 '0000 Q° ltt'# License Number 19715 70 W A - My License Renewal Date is December 31, 2025 Pages or sheets covered by this seal ,4c-` Survey Notes 1 The Beanngs shown on this survey are denved from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011) 2 Survey Feld work completed on November 16, 2023 3 All dimensions are in US Survey feet and decimals thereof 10 l • cc I ~ UI 1684. / S 82°57'52" E 1207 40+ N 89'112'25" W 1215 14' S 1/4 CORNER, SEC 5, T89N, R13W, FD NO 4 REBAR IN PCC PER MISC BK 344 PAGE 129 SOUTH LINE SE 1/4, SEC 5, T89N, R13W -- WEST AIRLINE HWY N88°56'17"7"E266273'---------- 4 Parcel letter "K" assigned by the Black Hawk County Auditor's Plat Room on January 24, 2025 5 Total area 274,116 SF - 6 29 Acres SE 1/4 169,330 SF - 3 89 Acres SW 1/4 104,787 SF - 2 41 Acres NE CORNER,SEC 5,T89N, R13W, FD BROKEN WPACONC MON PER DOC #2006-15216 APPROX NORTH LINE SE 1/4, SEC 5, T89N, R13W RUNWAY PROTECTION ZONE r E 1/4 COR, NO MONUMENT FOUND OR SET UNPLATTED SE 1/4, SEC 5-89-13 NATURAL GAS EASEMENT DOC #2023-7136 LOT 14 LOT 13 MIDPORT AMERICA PARK PLAT NO 2 S 06°51'18" W 160 90' FD NO 4 REBAR W/YELLOW CAP - \ii 90WA - 80CC" (rYP) (N 88°14'43" W 1643 16') N 89°1225" W 1642 57' POB SE CORNER, SEC 5, T89N, R13W, FD NO 4 REBAR IN PCC PER MISC BK 344 PAGE 129 m 0'210'41" E 5079 Z c 0Iw k ¶LT Scale 1" = 500' N M N E0 a`03 0) Q) N N 0 00) c• 000 . N CS LL � ▪ > C D W 0 • N a))mrn ( -0 co = v �2 as O in 0 O IC• E 0 57 of 736 Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704 Phone (319) 234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 2Z.� , by and between International Paper Company (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan area ("Urban Renewal Area"). B. Company is willing and able to finance and erect structures and related improvements on property legally described on Exhibit "A" attached hereto (the "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, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company in its as -is condition for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of International Paper - Business Use Page 458 of 736 record; (b) general utility and right-of-way easements serving the Property; and (c) restrictions imposed by the City zoning ordinances and other applicable law. City makes no representation or warranty as to the condition of the Property or its suitability for Company's purposes. Company is responsible to conduct its own due diligence and inspections. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Improvements (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement without further obligation and return the abstract of title to City. 2. Improvements by Company. Company shall construct on the Property a commercial building of no less than 800,000 square feet (exact square footage to be determined prior to execution), as well as related landscaping, storm water detention, paving, signage and parking improvements (collectively, the "Improvements"), in accordance with the Plans as provided in Section 3. Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the urban renewal plan 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 "Project." 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") that have been submitted to the City. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of such improvements as detailed and outlined in the Plans. If any material modification in the scope, scale or nature of the Plans is proposed, Company shall submit modified Plans (the "Modified Plans") to the City for review. Modified Plans shall be subject to approval by the City as provided in this Section. City shall approve the modified Plans in writing if: (a) the Modified Plans conform to the terms and conditions of this Agreement; (b) the Modified Plans conform to the terms and conditions of the urban renewal plan; (c) the Modified Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Modified Plans are adequate for purposes of this Agreement 2 International Paper - Business Use Pa 459 of 736 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 twenty-four (24) 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 to, consent to an extension of time of up to six (6) months for the construction of the 3 International Paper - Business Use Page 460 of 736 Improvements. Any additional or longer time extensions will require consent of the City Council. B. Events triggering termination and/or reverter of title. If Company does not begin or Substantially Complete construction of the Improvements on the schedule stated above, subject to Unavoidable Delays, then City may terminate this Agreement as set forth in Section 20, 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 as contemplated in Section 17 below, or other cause beyond the reasonable control of Company (each an "Unavoidable Delay"), the requirement that construction be completed by the Completion Deadline shall be tolled for a period of time equal to the period of Unavoidable Delay. If City terminates this Agreement as provided in Section 20, City shall have no further obligations to Company under this Agreement, including but not limited to any legal or equitable obligation to reimburse Company for any costs expended by Company with respect to the Project or to compensate Company for any value added to the Property by any Improvements. In connection with termination of the Agreement as set forth herein, City may demand reconveyance of the Property. 5. Reverter of Title; Indemnity. In the event of any reverter of title pursuant to Section 4, then Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Concurrently with delivery of the deed, Company shall also deliver to City the abstract of title. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property conveyed back to City. 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 foregoing indemnity shall include the cost of removing any improvements constructed by Company and reverting 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. 4 International Paper - Business Use Page 461 of 736 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. City incentives. In addition to the property tax rebates provided for herein, the City agrees to provide the following Project assistance: A. Rail Spur. City will design a rail spur extension to serve the Property, and if another development project in the vicinity requires rail service, then City will construct the rail spur, or cause it to be constructed. Company, subject to City's approval of the plans and City's financial approval, may elect to design and construct, or may request that City construct or cause to be constructed, a rail spur extension to serve the Property. Company will provide plans for the rail spur extension to the City for review and reasonable approval by City. City agrees that it will not withhold approval of the plan designs if plans do not allow for rail connection to the remainder of the business park. City will reimburse Company for the cost of design, engineering and construction of the rail spur extension in an amount to be agreed upon by the parties hereafter. B. Support for Applications. City agrees that it will cooperate in good faith with Company and, if necessary for program requirements, sponsor Company applications for available state tax credits and/or rebates, job creation and/or training funds, and other available government funding, if Company chooses to make any such application(s). C. Option to Purchase Additional Land. City hereby grants to the Company, its successors and assigns, an option to purchase, for the sum of $1.00, up to an additional 30 acres of land abutting the Property on the north side, to the extent necessary in connection with the Project or any future expansion project. The option is expressly made subject to City successfully obtaining a release of the option property from Federal Aviation Administration restrictions within nine (9) months after the date of this Agreement. The option may be exercised by delivering written notice of exercise to the City no later than twelve (12) months after the date of this Agreement (the "Expiration Date"). The option shall terminate upon the first to occur of the Expiration Date, or the termination of this Agreement on the terms set forth herein. If Company exercises the option in connection with an expansion project, then the parties shall negotiate the terms of a new 5 International Paper - Business Use Page 462 of 736 development agreement or an amendment to this Agreement to address requirements related to the expansion project. Unless governed by the terms of such agreement or amendment, the provisions of Section 1 hereof shall govern the transfer of title. D. Option to Sell. Company or its affiliate currently owns or occupies property at 800 W. Parker Street, Waterloo, Iowa (the "Company Property"). At the time of purchase of the Property, City agrees to execute and deliver to Company an Option to Sell (the "Option to Sell") the Company Property to the City for an amount equal to its fair market value, as determined by an appraisal by an MAI appraiser acceptable to both Company and the City, plus the cost of the appraisal (the "Company Sale Price"). Pursuant to the Option to Sell, Company or any successor owner of the Company Property shall have the right to exercise the Option to Sell within one hundred eighty (180) days after Company has completed the transition of its operations and equipment to the Property and, if necessary, remedied any environmental conditions that impact or significantly impair the use of the Company Property, by delivery to the City of a written notice of exercise of the Option to Sell. Thereafter, the City shall purchase the Company Property for the Company Sale Price within ninety (90) days following the receipt by the City of the notice of exercise of the Option to Sell. City's obligation to purchase the Company Property shall be subject to the Company Property being free and clear of (i) any mortgages or other liens or encumbrances, and (ii) any environmental conditions that significantly impair the use or value of the Company Property as determined by City in its reasonable judgment. Prior to any such purchase and at any reasonable time, City, its agents and contractors, shall have access to the Company Property for purposes of evaluation and environmental testing. If the Company Property is not owned by Company, then Company shall obtain permission from the owner(s) of the Company Property for City's access for purposes of appraisal, evaluation and testing. If access by City, its agents or contractors, is denied or unduly restricted, City may terminate the obligation to purchase the Company Property under the Option to Sell if reasonable access is not allowed within thirty (30) days of advance written notice to Company. E. Street. If Project design indicates the need for a new street on the north side of the Property, then City will apply for funds under the State of Iowa RISE program for construction of a new street from Leversee Road extending eastward, to serve the Property. In the alternative, Company may elect to engineer and construct a new street based on plans approved by both Company and City, each acting reasonably, and City will reimburse the Company for the cost of design, engineering and construction of the street and related infrastructure in an amount to be agreed upon by the parties hereafter. 9. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B" it will not seek or cause a reduction 6 International Paper - Business Use Page 463 of 736 in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $40,000,000.00 (the "Minimum Actual Value"), through: either; (a) willful destruction of the Property, the Improvements, or any part of (b) a request to the assessor of Black Hawk County; or (c) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. 10. Tax Rebates. Provided that Company has completed Substantially Completed the Improvements before the Completion Deadline, and subject to the other terms of this Agreement, City agrees to rebate property tax (with the exceptions noted below) with respect to the Improvements, as follows: Year One through Year Fifteen 50% rebate each year for any taxable value added by the completed Improvements (each such payment is a "Rebate") over the initial base value of $1,000,000.00. Each Rebate is payable in respect of a given property tax fiscal year (a "Fiscal Year") only to the extent that (a) Company has actually paid general property taxes due and owing for such Fiscal Year and (b) the city council has made an appropriation for the payment of the Rebate. To receive a Rebate for a given Fiscal Year, Company must, within twelve (12) months after the due date of the last installment of the property taxes for the respective Fiscal Year (Le., the "March Installment"), submit a completed Rebate request to City on the form provided by or otherwise satisfactory to City. A failure to timely submit a request for a Rebate for a Fiscal Year will result in a forfeiture of the right to request a Rebate for such Fiscal Year. City agrees to consider a completed application for a Rebate within sixty (60) days after submission of the application to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. Rebates shall not be paid based on any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first Fiscal Year in respect of which a Rebate may be given ("Year One") shall be the first full Fiscal Year for which the assessment is based upon the completed value of the Improvements and not based on a prior Fiscal Year for which the assessment is based solely upon (x) the value of the Property, or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of such Improvements or a partial Fiscal Year. 7 International Paper - Business Use Page 464 of 736 As an example of the above provision, in the event all Improvements on the Property are Substantially Completed prior to January 1, 2027 and the Property and Improvements are assessed as fully completed based on the Plans, as may be revised, the property taxes that would be assessed based on the January 1, 2027 assessed value would be for the Fiscal Year ending June 30, 2029, with the taxes payable one-half by September 30, 2028 and one-half by March 31, 2029, then the first Rebate could be applied for after March 31, 2029 and prior to April 1, 2030. 11. Limitations on Payment of Rebates. A. Each payment of a Rebate is subject to annual appropriation by the city council each fiscal year. City has no obligation to make any payments to Company as contemplated under this Agreement until the city council annually appropriates the funds necessary to make such payments. The right of non - appropriation reserved to City in this paragraph is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to make future payments of Rebates shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or by City's bond counsel to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no Event of Default by City shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. B. Notwithstanding the provisions of Section 10 hereof, City shall have no obligation to make a payment of a Rebate to Company if at any time during the term hereof City fails to appropriate funds for payment; City receives an opinion from its legal counsel to the effect that the use of Tax Increments resulting from the Property and Improvements to fund a Rebate payment to Company, as contemplated under Section 10 above, is not, based on a change in applicable law or its interpretation since the date of this Agreement, authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted or under controlling decision of any Iowa court having jurisdiction over the subject matter hereof; or City's ability to collect Tax Increment from the Improvements and Property is precluded or terminated by legislative changes to Iowa Code Chapter 403. Upon occurrence of any of the foregoing circum-stances, City shall promptly forward notice of the same to Company. If the circumstances continue for a period during which two (2) annual Rebate payments would otherwise have been paid to Company under the terms of Section 10, then City may terminate this Agreement, without penalty or other liability to City, by written notice to Company. 8 International Paper - Business Use Page 465 of 736 C. For purposes of this Agreement, "Tax Increments" shall mean the property tax revenues on the Improvements and Property received by and made available to City for deposit in an account maintained under this Agreement, the provisions of Iowa Code § 403.19 and the ordinance governing the Urban Renewal Plan. 12. Conditions to City Funding. A. The complete or initial funding by City of the Rebates and other Project commitments shall be deemed an agreement of the parties that the applicable conditions to disbursement of funds shall, as of the date of such funding, have been satisfied or waived. If the conditions set forth in this Section are not satisfied at a Rebate disbursement date, this Agreement shall terminate unless a new disbursement date is established by amendment to this Agreement. The termination of this Agreement shall be the sole remedy available to City or Company if, for whatever reason, a condition set forth in this Section is not satisfied at a Rebate payment date, it being understood that each party shall nonetheless incur costs and liabilities prior thereto for which they alone are responsible. City and Company each expressly assumes all responsibility for the costs and liabilities they may each so incur prior to a Rebate payment date and agree to indemnify and hold each other harmless therefrom. B. It is recognized and agreed that the ability of the City to perform the obligations described in this Agreement, including but not limited to the Rebate payments, is subject to completion and satisfaction of certain separate city council actions and required legal proceedings relating to the expansion of a tax increment financing (TIF) district, including the holding of public hearings on the same. Further, all the obligations of City under this Agreement are subject to fulfillment, on or before each Rebate payment date, of each of the following conditions precedent: (i) The representations and warranties made by Company in Section 15 shall be true and correct as of the Rebate disbursement date with the same force and effect as if made at such date. (ii) Company shall be in material compliance with all the terms and provisions of this Agreement. (iii) There has not been, as of the Rebate disbursement date, a substantial change for the worse in the financial resources and ability of Company, or a substantial decrease in the financing commitments secured by Company for construction of the Improvements, which change(s) makes it likely, in the reasonable judgment of the City, that Company will be unable to fulfill its covenants and obligations under this Agreement. 9 International Paper - Business Use Page 466 of 736 13. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows with respect to each phase of Improvements: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until the Improvements are Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. 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 10 International Paper - Business Use Page 467 of 736 business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property conveyed to it. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under lowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 14. 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. 15. 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. 11 International Paper - Business Use Page 468 of 736 D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 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. 16. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property arising after Company's lease or acquisition of the same or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, 12 International Paper - Business Use Pargp 46A of 736 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. 17. 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 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. 18. 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. Notwithstanding the foregoing, (a) Company may assign the Property to an affiliate of Company without prior approval of City provided (i) the assignee assumes the obligations of Company under this Agreement, (ii) the assignee shall receive all Rebates payable as of and after the date of assignment, and (iii) Company provides written notice of assignment to City within five (5) business days after execution of assignment and (b) Company may mortgage the Property to a lender as security for financing of Project improvements, but for no other purpose. 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 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 provided by Section 18 or otherwise as security for financing of Project improvements; 13 International Paper- Business Use Page 470 of 736 C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against any of the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to any of Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 20. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been 14 International Paper - Business Use —Pa.ge_47t of 736 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, 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, , and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, , Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. 15 International Paper - Business Use Page 472 of 736 (b) if to Company, at 6400 Poplar Avenue, Memphis, TN 38197, Attention: Real Estate Director, with required copies to International Paper Company, Attention: Holly Holt, Legal Department. 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 shalt, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 26. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 27. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. if any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 28. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 29. Interpretation. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have 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. 16 International Paper - Business Use Page 473 of 736 30. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 31. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 32. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 33. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA INTERNATIONAL PAPER COMPANY By: ( By: Quentin M. Hart, Mayor Attest: Kelley Felch , City Clerk 17 Title: DifecAor 61 International Paper - Business Use Page 474 of 736 EXHIBIT "A" Legal Description of Property See attached diagram, consisting of approximately 66 acres, more or less, in the SW'/4 and the S 1/2 of the NW 1/4 of Section 5, Township 89 North, Range 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa [formal legal description to be determined following survey or platting] International Paper - Business Use __._ Page 475 of 736 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minim Assessment Agreement (the "Agreement") is entered into as of , and among the CITY OF WATERLOO, IOWA ("City"), IN PtNATIONAL PAPER COMPANY ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan area, including the construction of certain improvements as described in the Development Agreement (the "Minimum Improvements") on the Property (the "Project"); and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the Property and the Minimum Improvements to be constructed thereon by Company pursuant to the Development Agreement, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Minimum Improvements by Company, the minimum actual taxable value which shall be fixed for assessment purposes for the Property and Minimum Improvements to be constructed thereon by Company as a part of the Project shall not be less than $40,000,000.00 (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. International Paper - Business Use Page 476 of 736 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, 2047. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to complete the Minimum Improvements; (b) destruction of all or any portion of the Minimum Improvements; (c) diminution in value of the Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 3. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property and the Minimum Improvements pursuant to the provisions of this Agreement and the Development Agreement. Such tax payments shall be made without regard to any Toss, complete or partial, to the Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership or operation of the Property or the Minimum Improvements by Company or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Property or the Minimum Improvements. 4. Company agrees that its obligation to make the tax payments required hereby, to pay the other sums provided for herein, and to perform and observe its other agreements contained in this Agreement shall be absolute and unconditional obligations of Company (not limited to the statutory remedies for unpaid taxes) and that Company shall not be entitled to any abatement or diminution thereof, or set off therefrom, nor to any early termination of this Agreement for any reason whatsoever. 5. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Minimum Improvements in excess of the Minimum Actual Value. 6. Company agrees that during the term of this Agreement it will not: (a) seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute relating to the taxation of property contained as a part of the Property or the Minimum Improvements determined by any tax official to be applicable to the Property or the Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; or (b) seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property, including improvements and fixtures thereon, contained in the Property or the Minimum Improvements; or 2 International Paper - Business Use Page 477 of 736 (c) request the Assessor to reduce the Minimum Actual Value; or (d) appeal to the board of review of the city, county, state or to the Director of Revenue of the State of Iowa to reduce the Minimum Actual Value; or (e) cause a reduction in the actual value or the Minimum Actual Value through any other proceedings. 7. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 8. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 9. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 10. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 3 International Paper - Business Use Page 478 of 736 CITY OF WATERLOO, IOWA By: 1X7-- Quentin Hart, Mayor Attest: Kelley Felchle, ity Clerk STATE OF IOWA ss. COUNTY OF BLACK HAWK ) On this /"f--1, day of , before me, a Notary Public in and for the State of Iowa, personally appearentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. INTERNATIONAL PAPER COMPANY By: 1 Title: NileC, o BRITNI C PERKINS COMMISSION NO. 845529 MY COMMISSION EXPIRES AANUARY2, 2026 STATE OF Ve-V4" LSS¢R ) ss. COUNTY OF \1\.12-\\eat-j Subscribed and sworn to before me on \ 1'-\ 2'2 /Lk , by 1241,,\ p�rec.kpr of International Paper Company. A-A4-A) Notary Public 4 International Paper - Business Use Qaw Page 479 of 736 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements to be constructed and the market value assigned to the land upon which the Minimum Improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to that land and improvements upon completion shall not be Tess than Forty Million and 00/100 Dollars ($40,000,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof, subject to adjustment as provided in said agreement. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public International Paper - Business Use Page 480 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Rudy Jones, Community Development Director Planning & Zoning Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Resolution adopting a policy on the prohibition of the use of excessive force. RECOMMENDED COUNCIL ACTION Approve SUMMARY STATEMENT AND BACKGROUND INFORMATION Approval is requested for adoption of the Iowa Economic Development Authority's Excessive Force Policy statement regarding the prohibition of excessive force by law enforcement agencies against any individuals engaged in non-violent civil rights demonstrations. Waterloo's current Excessive Force Policy does not include required language regarding the prohibition of blocking exits during a protest, and adoption of the State's policy in addition to the City's existing Excessive Force Policy is necessary to remain eligible for grant funds from the Community Development Block Grant (CDBG) program and Iowa Economic Development Authority funding. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 481 of 736 ATTACHMENTS 1. policy_on_the_prohibition_of the_use_of excessive force Page 482 of 736 POLICY ON THE PROHIBITION OF THE USE OF EXCESSIVE FORCE WHEREAS, City of Waterloo Block Grant (CDBG) program; and, has received federal funding through the Community Development WHEREAS, Section 519 of the Department of Veteran Affairs and U.S. Department of Housing and Urban Development, and Independent Agencies Appropriations Act of 1990 requires that all CDBG recipients adopt and enforce a policy to prohibit the use of excessive force by law enforcement agencies within the recipient's jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and WHEREAS, all recipients of CDBG funds are further required to follow a policy of enforcing applicable state and local laws against physically barring entrances or exits to a facility that is the subject of a nonviolent protest demonstration; and WHEREAS, the Waterloo Police Department endorses a policy prohibiting the use of excessive force and will inform all law enforcement agencies within its jurisdiction of this policy, NOW, THEREFORE, BE IT RESOLVED, the City of Waterloo hereby prohibits any law enforcement agency operating within its jurisdiction from using excessive force against any individuals engaged in nonviolent civil rights demonstrations. In addition, the Waterloo Police Department agrees to enforce any applicable state or local laws against physically barring entrances or exits from a facility or location that is the subject of a non-violent protest demonstration. The Waterloo Police Department further pledges enforcement of this policy within its jurisdiction and encourages any individual or group who feels that The Waterloo Police Department has not complied with this policy to file a complaint. Information and assistance relative to excessive force complaints shall be provided by: Name: Chief Robert Duncan Phone Number: 319-291-4339 Adopted by City of Waterloo this5th day of November , 2025 Signed {chief elected official} Page 483 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Lance Dunn, Human Resources Director Human Resources Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Resolution approving the suspension of Civil Service hiring practices for entrance level positions as authorized by Iowa Code section 400.12A for the time period of January 7, 2026 through January 6, 2027. 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 484 of 736 Page 485 of 736 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Resolution approving Supplemental Agreement No. 2 with AECOM, Inc., in the amount of $1,364,500.00, in conjunction with the FY 2026 La Porte Road Improvements, Phase II, Contract No. 1128, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. SA2 La Porte Road Reconstruction Ph 2 Page 486 of 736 Page 487 of 736 Contract No. Owner Project No. Iowa DOT Project No. HDP-8155(787)-71-07 Standard Consultant Contract Supplemental Agreement 2 For Local Public Agency Consultant Contracts with Federal -aid Participation This AGREEMENT, made as of the date of the last party's signature below, is by and BETWEEN City of Waterloo, the Owner, located at: 715 Mulberry Street Waterloo, Iowa 50703 Phone: (319) 291-4312 FAX: (319) 291-4262 and AECOM Technical Services, Inc., the Consultant, located at: 501 Sycamore Street, Suite 222 Waterloo, Iowa 50703 Phone: (319) 232-6531 FAX: (319) 232-0271 For the following Project: La Porte Road Reconstruction Project. The Owner has decided to proceed with the Project, subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT), and the Federal Highway Administration (FHWA), U.S. Department of Transportation (when applicable). The Owner desires to employ the Consultant to provide Phase 2 Construction Engineering services to assist with the development and completion of the Project. The Consultant is willing to perform engineering services in accordance with the terms of this Agreement. Page 1 Page 488 of 736 TABLE OF CONTENTS Article Number And Description 1 Initial Information 1.1 Referenced Agreement/Supplemental Agreement No. 2 1.2 Project Parameters 1.3 Financial Parameters 1.4 Project Team 1.5 Time Parameters Attachment A — Scope of Services Attachment C-1 — Cost Analysis Worksheet Page 2 Page 489 of 736 ARTICLE 1 INITIAL INFORMATION This Agreement is based on the following information and assumptions. 1.1 Referenced Agreement/Supplemental Agreement No. 2 This Supplemental Agreement No. 2 is part of the Standard Consultant Agreement for the La Porte Road Reconstruction Project between AECOM Technical Services, Inc. (hereinafter referred to as the "Consultant") and the City of Waterloo (hereinafter referred to as the "Client"). All terms and conditions of the original agreement shall remain in effect for work associated with this Supplemental Agreement, unless specifically noted in a new agreement. The Consultant shall be reimbursed for the actual costs incurred in accordance with Article 3 of the original agreement. The Estimated Actual Costs, Fixed Fee, Contingency and Maximum Amount Payable for this supplemental agreement is One Million Three Hundred Sixty -Four Thousand Five Hundred Dollars ($1,364,500.00), as shown in Article 1.3 and Attachments C and C-1, and shall be segregated from the fees in the original agreement and Supplemental Agreement No. 1. 1.2 Project Parameters The objective or use is: Provide Phase 2 Construction -Related Service for the construction of La Porte Road — Phase 2, from Highway 218 to Plymouth Avenue, a distance of approximately 0.7 miles. The project also consists of a trail connection along Highway 218 between Hawthorne Avenue and 18th Street. The trail will be parallel to the existing railroad and will protrude into the railroad right-of-way (ROW). The project will include grading, paving, landscaping, enhancements, sanitary and storm sewer, fiber, lighting and traffic signalization. This project will allow for portions of La Porte Road to be closed to traffic for construction with traffic control staging and detour routing. 1.3 Financial Parameters 1.3.1 Amount of the Owner's budget for the Consultant's compensation is: Division VI (RAISE and Local Funding) $1,345,200.00 Division VII (Local Funding) $ 19,300.00 Total $1,346,500.00 1.3.2 Amount of the Consultant's budget for the subconsultants' compensation is: Division VI $116,100.00 Total $116,100.00 1.4 Project Team 1.4.1 The Owner's Designated Representative, identified as the Contract Administrator is: Mr. Jamie Knutson, PE, City Engineer The Contract Administrator is the authorized representative, acting as liaison officer for the Owner for purpose of coordinating and administering the work under the Agreement. The work under this Agreement shall at all times be subject to the general supervision and direction of the Contract Administrator and shall be subject to the Contract Administrator's approval. 1.4.2 The Consultant's Designated Representative is: Mr. Tony Hemann, PE, Project Manager Page 3 Page 490 of 736 1.4.3 The subconsultants retained at the Consultant's expense are identified in the following table: Subconsultant Amount Authorized Maximum Amount Payable Method of Payment Division VI HR Green $ 12,200.00 $ 13,300.00 CPFF Terracon $ 24,000.00 $ 26,200.00 CPFF Robinson Engineering $ 57,900.00 $ 63,100.00 Fixed OH Rate RITLAND+KUIPER L.A. $ 12,300.00 $ 13,500.00 Unit Rate Total $ 106,400.00 $ 116,100.00 1.5 Time Parameters 1.5.1 The Consultant shall begin work under this Agreement upon receipt of a written notice to proceed from the Owner. 1.5.2 Milestones for completion of the work under this Agreement as follows: 1. Completion of all work under this agreement shall be on or before 7/1/2029 unless extended by written approval of the Contract Administrator or adjusted by supplemental agreement. Page 4 Page 491 of 736 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of the dates below. AECOM Technical Services, Inc. %/�G�� ��� By � Date: 11/14/2025 Michelle M. Sweeney, PE, PTOE Associate Vice President ATTEST: By Kimberley Smith City of Waterloo Date: 11/14/2025 By Date: Quentin Hart Mayor IOWA DEPARTMENT OF TRANSPORTATION Accepted for FHWA Authorization* By Date: Name Title * The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds. Page 5 Page 492 of 736 ATTACHMENT A Scope of Services LA PORTE ROAD RECONSTRUCTION PROJECT CITY OF WATERLOO, IOWA CONSTRUCTION -RELATED SERVICES LA PORTE ROAD — PHASE 2 — HIGHWAY 218 TO PLYMOUTH AVENUE SUPPLEMENTAL AGREEMENT NO. 2 PROJECT DESCRIPTION The project consists of the construction of La Porte Road — Phase 2, from Highway 218 to Plymouth Avenue, a distance of approximately 0.7 miles. The project also consists of a trail connection along Highway 218 between Hawthorne Avenue and 18t" Street. The trail will be parallel to the existing railroad and will protrude into the railroad right-of-way (ROW). The project will include grading, paving, landscaping, enhancements, sanitary and storm sewer, fiber, lighting and traffic signalization. This project will allow for portions of La Porte Road to be closed to traffic for construction with traffic control staging and detour routing. II. SCOPE OF SERVICES La Porte Road Phase 2 Project Division VI — Construction -Related Services (RAISE Grant and Local Funding) The Scope of Services will encompass and include services, materials, equipment, personnel and supplies necessary to provide construction staking, field review, materials testing and contract administration during the construction phase for the project defined above. The Scope of Services is further defined as follows: Task 1. Conduct a preconstruction conference attended by representatives of the Contractor, Client, Consultant, subconsultants, FHWA, Iowa DOT and affected utilities. Task 2. Provide construction staking for horizontal and vertical controls for the project as follows: a. Set Project Control b. Set Stakes for Erosion Control c. Grading (GPS) d. Set Stakes for Storm Sewer e. Set Stakes for Sanitary Sewer f. Set Stakes for Paving g. Set Stakes for Trail Paving h. Set Stakes for Sidewalks Set Stakes for Lighting j. Set Stakes for Traffic Signals (RRFB) k. Set Stakes for Type A Signs Set Stakes for Landscaping m. Set Stakes for Right -of -Way and Easements n. Set Stakes for Box Culvert Extensions o. Set Stakes for Utility Coordination Task 3. Review shop drawings and other submittals uploaded to DocExpress 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. (Robinson Engineering, RITLAND+KUIPER Landscape Architects and HR Green Inc. will assist with review of shop drawings as needed.) Page 6 Page 493 of 736 Task 4. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. (Robinson Engineering, RITLAND+KUIPER Landscape Architects and HR Green Inc. will assist with answering design interpretation questions as needed.) Task 5. Prepare bi-weekly applications and upload to Appia 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 periodic 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 be in general conformance to the contract documents. Staffing requirements may be adjusted during the project in relation to the level of construction activity. The project completion date is anticipated to be completed by November 2027. (Robinson Engineering will assist with periodic field observations as needed. Terracon Consultants will assist with an estimated 10 plant monitoring events, 60 gradations, and 5 proctors.) Task 9. Coordinate project construction progress and assist the Client and Contractor with proper ROW entry notification to the railroad company. Maintain Contractor and AECOM railroad insurance files for correspondence. Task 10. Provide weekly SWPPP reviews along with City of Waterloo and Contractor personnel, as required by Iowa DNR and City of Waterloo. (Robinson Engineering will provide weekly SWPPP reviews.) Task 11. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents and advise the Client of any work that should be corrected or rejected. Task 12. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Task 13. Facilitate weekly construction progress meetings of project and complete minutes for each meeting. Task 14. Prepare weekly email updates for distribution to City of Waterloo staff, citizens and other interested parties of the project's progress. Maintain updates as needed for media outlets. Provide information for the City of Waterloo to post on the City's website and maintain Facebook page for the La Porte Road Project. Also includes preparation of traffic maps/detour maps, individual maps for business owners, additional stakeholder meetings (a total of 10 meetings are anticipated) and construction update reports to City Council work sessions (a total of three presentations are anticipated). Task 15. 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 16. Participate in a field observation of the completed project with the Client, Iowa DOT, FHWA and review staff before a final application for payment is processed for the Contractor. Task 17. Maintain files for correspondence, Davis -Bacon and Build America, Buy America requirements, 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 18. 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. Page 7 Page 494 of 736 Task 19. Prepare and assist the Client with the final close-out documentation received from the Contractor. This project will use DocExpress and Appia for document management during construction. Final Review with Iowa DOT is anticipated to be completed based on the Iowa DOT's Project Review and Close-out Checklist for Local Public Agency Projects. Close-out documents will be uploaded to DocExpress and Appia in electronic format to the Client and include the following: shop drawings, materials certifications, pay estimates, change orders, daily inspection reports, pay quantity summary and record drawings. This task includes correspondence through the Iowa DOT audit. Division Vll — Construction -Related for Fiber (Local Funding) The Scope of Services will encompass and include services, materials, equipment, personnel and supplies necessary to provide construction staking, field review, materials testing and contract administration during the construction phase for the fiber included with the project defined above. The Scope of Services is further defined as follows: Task 20. Provide construction staking for horizontal and vertical controls for the project as follows: a. Set Stakes for Fiber Task 21. Review shop drawings and other submittals uploaded to DocExpress as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. Task 22. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Task 23. 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 conforms to the contract documents. Task 24. Prepare and assist the Client and Contractor in processing contract change orders. Task 25. Provide periodic 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. Task 26. 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. Page 8 Page 495 of 736 ATTACHMENT C (referenced from 3.1) Cost Plus Fixed Fee 3.1.1 FEES AND PAYMENTS 3.1.1.1 Fees. For full and complete compensation of all work, materials, and services furnished under the terms of this Agreement, the Consultant shall be paid fees in the amount of the Consultant's actual cost plus applicable fixed fee amount. The Consultant's actual costs shall include payments to any subconsultants. The estimated actual costs and fixed fee are shown below and are itemized in Attachment C-1. Subconsultant costs are not available for use by the prime Consultant or other subconsultants. A contingency amount has been established to provide for actual costs that exceed those estimated. Estimated Actual Costs (Prime Only) Fixed Fee (Prime Only) Contingency (Prime Only) Total Prime Consultant Costs Subconsultant Division VI HR Green Terracon Robinson Engineering RITLAND+KUIPER L.A. Total Subconsultant Costs (Division IV) Total Amount Authorized Division VI Division VII Division VI $ 1,004,800.00 $ 123,800.00 $ 100,500.00 $ 1,229,100.00 Amount Authorized $ 12,200.00 $ 24,000.00 $ 57,900.00 $ 12,300.00 $ 106,400.00 $ 1, 235, 000.00 $ 17,700.00 Total $ 1,252,700.00 Maximum Amount Payable (Includes Contingency) Division VI Division VII $ 1, 345, 200.00 $ 19, 300.00 Total $ 1,364,500.00 Division VII Total $ 16,000.00 $ 1,700.00 $ 1,600.00 $ 19,300.00 $ 1,020,800.00 $ 125,500.00 $ 102,100.00 $ 1,248,400.00 Contingency Maximum Amount Payable $ 1,100.00 $ 2,200.00 $ 5,200.00 $ 1,200.00 $ 9,700.00 $ 13,300.00 $ 26,200.00 $ 63,100.00 $ 13,500.00 $ 116,100.00 The nature of engineering services is such that actual costs are not completely determinate. Therefore, the Consultant shall establish a procedure for comparing the actual costs incurred during the performance of the work to the estimated actual costs listed above. The procedure will itemize prime consultant and subconsultant costs in association with each scoped task. The purpose is to monitor these two elements and thus provide for early identification of any potential for the actual costs exceeding the estimated actual costs. The procedure shall be used in a way that will allow enough lead time to execute the paragraphs below without interrupting the work schedule. Therefore once the accrued labor costs for a scoped task reach 85% of the estimated value for the prime or subconsultant, then the Consultant shall notify the Owner in writing. It is possible that the Consultant's costs for the scoped tasks may need to exceed those shown in Attachment C-1. The Consultant's and subconsultants' costs for scoped tasks shall not be exceeded without prior written authorization from the Contract Administrator and concurrence from the Iowa DOT. Page 9 Page 496 of 736 Costs for scoped tasks that exceed estimated costs, if approved by the Contract Administrator, may be compensated via Supplemental Agreement, Work Order, Amendment, or Contingency as detailed in the paragraphs below. If the Consultant exceeds the estimated costs for scoped tasks for any reason (other than that covered in Section 3.1.1.2) before the Contract Administrator is notified in writing, the Owner will have the right, at its discretion, to deny compensation for that amount. The fixed fee amount will not be changed unless there is a substantial reduction or increase in scope, character, or complexity of the services covered by this Agreement or the time schedule is changed by the Owner. The adjustment to fixed fee will consider both cumulative and aggregate changes in scope, character, or complexity of the services. Any change in the fixed fee amount will be made by a Supplemental Agreement, Work Order, or Amendment. If a contingency amount has been established and at any time during the work the Consultant determines that its actual costs will exceed the estimated actual costs, thus necessitating the use of a contingency amount, it will promptly so notify the Contract Administrator in writing and describe what costs are causing the overrun and the reason. The Consultant shall not exceed the estimated actual costs without the prior written approval of the Contract Administrator and concurrence of the Iowa DOT. The Owner or Iowa DOT may audit the Consultant's cost records prior to authorizing the use of a contingency amount. The maximum amount payable will not be changed except for a change in the scope. Changes due to an overhead adjustment are identified in Section 3.1.1.2. If at any time it is determined that a maximum amount payable will be or has been exceeded, the Consultant shall immediately so notify the Contract Administrator in writing. The maximum amount payable shall be changed by a Supplemental Agreement, Work Order, or Amendment or this Agreement will be terminated as identified in Article 4.12.3. The Owner may audit the Consultant's cost records prior to making a decision whether or not to increase the maximum amount payable. 3.1.1.2 Reimbursable Costs. Reimbursable costs are the actual costs incurred by the Consultant which are attributable to the specific work covered by this Agreement and allowable under the provisions of the Code of Federal Regulations (CFR), Title 48, Federal Acquisition Regulations Systems, Subchapter E., Part 30 (when applicable), and Part 31, Section 31.105 and Subpart 31.2. In addition to Title 48 requirements, for meals to be eligible for reimbursement, an overnight stay will be required. The Title 48 requirements include the following: 1. Salaries of the employees for time directly chargeable to work covered by the Agreement, and salaries of principals for time they are productively engaged in work necessary to fulfill the terms of the Agreement. 2. Direct non -salary costs incurred in fulfilling the terms of this Agreement. The Consultant will be required to submit a detailed listing of direct non -salary costs incurred and certify that such costs are not included in overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges and materials and supplies. 3. The indirect costs (salary related expenses and general overhead costs) to the extent that they are properly allowable to the work covered by this Agreement. The Consultant has submitted to the Owner the following indirect costs as percentages of direct salary costs to be used provisionally for progress payments for work accomplished during the Consultant's current fiscal year: General overhead costs are 121.28% of direct salary costs. Use of updated overhead percentage rates shall be requested by the Consultant after the close of each fiscal year and the updated overhead rate shall be used to update previous year invoices and subsequent years as a provisional rate for invoicing in order to more accurately reflect the cost of work during the previous and subsequent years. Any actual fiscal year or fiscal year's audited or unaudited indirect costs rates known by the Consultant shall be used in computing the final invoice statement. All unverified overhead rates shall have a schedule of computation supporting the proposed rate attached to the final bill. Prior to final payment for work completed under this Agreement all indirect cost rates shall be audited Page 10 Page 497 of 736 and adjusted to actual rates through the most recently completed fiscal year during which the work was actually accomplished. In the event that the work is completed in the current fiscal year, audited indirect cost rates for the most recently completed fiscal year may be applied also to work accomplished in the current fiscal year. If these new rates cause the actual costs to be exceeded, the contingency amount will be used. 3.1.1.3 Premium Overtime Pay. Premium overtime pay (pay over normal hourly pay) will not be allowed without written authorization from the Contract Administrator. If allowed, premium overtime pay shall not shall not exceed 2 percent of the total direct salary cost without written authorization from the Contract Administrator. 3.1.1.4 Payments. Monthly payments shall be made based on the work completed and substantiated by monthly progress reports. The report shall indicate the direct and indirect costs associated with the work completed during the month. The Contract Administrator will check such progress reports and payment will be made for the direct non -salary costs and salary and indirect costs during said month, plus a portion of the fixed fee. The Owner shall retain from each monthly payment for construction inspection or construction administration services 0% of the amount due. Fixed fee will be calculated and progressively invoiced based on actual costs incurred for the current billing cycle. Each invoice shall be accompanied with a monthly progress report which details the tasks invoiced, estimated tasks to be billed on the next invoice, and any other contract tracking information. Invoices shall clearly identify the beginning and ending dates of the prime's and subconsultant's billing cycles. All direct and indirect costs incurred during the billing cycle shall be invoiced. Costs incurred from prior billing cycles and previously not billed, will not be allowed for reimbursement unless approved by the Contract Administrator. Upon delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete invoice statement of costs incurred and amounts earned. Payment of 100% of the total cost claimed, inclusive of retainage, if applicable, will be made upon receipt and review of such claim. Final audit will determine correctness of all invoiced costs and final payment will be based upon this audit. The Consultant agrees to reimburse the Owner for possible overpayment determined by final audit. Page 11 Page 498 of 736 Attachment C-1 La Porte Road Reconstruction Construction Related Services - Phase 2 City of Waterloo Local Systems Project Number: HDP-8155(787)--71-07 COST ANALYSIS - DIVISION VI I. Direct Labor Cost (AECOM Technical Services) Category Hours Rate/Hour Amount 1.3 Senior Professional 12 $100.56 $1,206.72 3.3 Project Professional I 14 $74.29 $1,040.06 4.3 Staff Professional 122 $62.75 $7,655.50 4.6 Staff Professional 202 $50.14 $10,128.28 5.1 Professional II 908 $48.21 $43,774.68 6.7 Professional I 72 $35.38 $2,547.36 7.3 CADD Operator II 1,500 $36.50 $54,750.00 9.1 Senior Technician 3,210 $54.60 $175,266.00 9.3 Senior Technician 1,580 $41.98 $66,328.40 10.1 Technician 834 $32.38 $27,004.92 10.2 Technician 858 $25.00 $21,450.00 11.2 Project Support 420 $45.75 $19,215.00 $430,366.92 9732 II. Payroll Burden and Overhead Provisional Costs 121.28% $521,949.00 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 35000 0.7 24,500.00 Per Diem 0 60.00 0.00 Lodging 0 110.00 0.00 B/W Copies 5000 0.06 300.00 Color Copies 10000 0.22 2,200.00 EDM Equipment 1000 15.00 15,000.00 GPS Equipment 500 15.00 7,500.00 Miscellaneous, Other 3,000.00 IV. AECOM Estimated Actual Costs V. Fixed Fee (13%) VI. Prime Consultant Authorized Costs VII. Authorized Subcontract Expense HR Green Terracon Robinson Engineering RITLAND+KUIPER Rounded $123,801.07 Rounded $12,200.00 $24,000.00 $57,900.00 $12,300.00 $52,500.00 $1,004,815.92 $1,004,800.00 $123,800.00 $1,128,600.00 $106,400.00 VIII. Authorized Budget $1,235,000.00 IX. Contingency (10%) $100,480.00 (AECOM) $100,500.00 Rounded AECOM $100,500.00 HR Green $1,100.00 Terracon $2,200.00 Robinson Engineering $5,200.00 RITLAND+KUIPER $1,200.00 $110,200.00 X. Maximum Amount Payable $1,345,200.00 Page 12 Page 499 of 736 Attachment C-1 La Porte Road Reconstruction Construction Related Services - Phase 2 City of Waterloo Local Systems Project Number: HDP-8155(787)--71-07 COST ANALYSIS - DIVISION VII I. Direct Labor Cost (AECOM Technical Services) Category Hours Rate/Hour Amount 1.3 Senior Professional 0 $100.56 $0.00 3.3 Project Professional I 0 $74.29 $0.00 4.3 Staff Professional 8 $62.75 $502.00 4.6 Staff Professional 0 $50.14 $0.00 5.1 Professional II 20 $48.21 $964.20 6.7 Professional I 8 $35.38 $283.04 7.3 CADD Operator II 40 $36.50 $1,460.00 9.1 Senior Technician 8 $54.60 $436.80 9.3 Senior Technician 0 $41.98 $0.00 10.1 Technician 30 $32.38 $971.40 10.2 Technician 30 $25.00 $750.00 11.2 Project Support 12 $45.75 $549.00 $5,916.44 156 II. Payroll Burden and Overhead Provisional Costs 121.28% $7,175.46 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 1000 0.7 700.00 Per Diem 0 60.00 0.00 Lodging 0 110.00 0.00 B/W Copies 1000 0.06 60.00 Color Copies 1000 0.22 220.00 EDM Equipment 30 15.00 450.00 GPS Equipment 30 15.00 450.00 Miscellaneous, Other 1,000.00 IV. AECOM Estimated Actual Costs V. Fixed Fee (13%) VI. Prime Consultant Authorized Costs VII. Authorized Subcontract Expense VIII. Authorized Budget Rounded IX. Contingency (10%) $1,600.00 (AECOM) $1,600.00 Rounded $2,880.00 $15,971.90 $16, 000.00 $1,701.95 Rounded $1,700.00 AECOM $1,600.00 $17, 700.00 $0.00 $17, 700.00 $1,600.00 X. Maximum Amount Payable $19,300.00 Page 13 Page 500 of 736 La Porte Road Reconstruction Construction Related Services - Phase 2 City of Waterloo AECOM Technical Services, Inc. Staff Hour Estimate Description of Work 1.3 Senior Prof 3.3 Project Prof I 4.3 Staff Prof 4.6 Staff Prof 5.1 Prof II 6.7 Prof I 7.3 CADD Op I 9.1 Snr Tech 9.3 Snr Tech 10.1 Technician 10.2 Technician 11.2 Project Support Total DIVISION W- (RAISE and Local Funding) La Porte Road Phase 2 Construction Related Services 1 Conduct Pre -Construction Conference 2 2 2 10 2 18 2 Construction Staking 120 834 858 1,812 3 Review Shop Drawings 80 20 100 4 Answer Design Questions 40 80 120 5 Prepare Pay Applications 50 120 170 6 Construction Site Visits -Design Personnel 6 6 40 100 152 7 Prepare Contract Change Orders 40 80 20 140 8 Field Observation 1,500 2,700 1,500 5,700 9 Railroad Coordination 16 16 10 SWPPP Reviews 4 20 24 11 Reports to Client 80 20 100 12 Consider Contractor Modifications 40 80 120 13 Bi-Weekly Progress Meetings 100 100 200 14 Public Information Distribution including weekly updates 40 80 40 20 180 15 Field Review Near Project Completion 8 24 32 16 Final Project Field Review 8 24 32 17 File Administration 40 240 280 18 Record Drawings 16 32 80 128 19 Prepare Final Close Out Documentation 4 4 80 160 80 80 408 DIVISION VI -(RAISE and Local Funding) -Total = 14 8 72 1,500 3,21034 = 920 9,732 DIVISION WI - (Local Funding) AM Construction -Related Services for Fiber (Local Funding) 20 Construction Staking 8 30 30 68 21 Review Shop Drawings 4 8 12 22 Answer Design Questions 4 4 23 Construction Site Visits - Design Personnel 4 4 24 Prepare Contract Change Orders 4 4 8 25 Field Observation 40 40 26 Record Drawings 4 8 8 20 TOTAL HOURS 12 14 130 202 928 80 1,540 3,218 1,580 864 888 932 9,888 Page 14 Page 501 of 736 La Porte Road Reconstruction Construction Related Services - Phase 2 City of Waterloo Local Systems Project Number: HDP-8155(787)--71-07 COST ANALYSIS - HR Green - DIVISION VI I. Direct Labor Cost (HR Green) Category Hours Rate/Hour Amount Lighting Engineer 30 $81.22 $2,436.60 Traffic Signal Engineer 28 $50.52 $1,414.56 58 I I. Payroll Burden and Overhead Provisional Costs 183.31 III. Direct Project Expenses Category Units Rate/Unit Amount Equipment Rental 0 110 0.00 IV. Estimated Actual Costs Rounded V. Fixed Fee (12%) $1,309.29 Rounded VI. Subconsultant Authorized Amount VII. Contingency (10%) $1,090.00 VIII. Maximum Amount Payable Rounded $3,851.16 $7,059.56 $0.00 $10,910.72 $10,900.00 $1,300.00 $12,200.00 $1,100.00 $13,300.00 Page 15 Page 502 of 736 La Porte Road Reconstruction Construction Related Services - Phase 2 City of Waterloo HR Green Staff Hour Estimate Description of Work Lighting Engineer Traffic Engineer Total DIVISION VI - (RAISE and Local Funding) 7 La Porte Road Plait 2 Construction -Related Services 0 1 Addend Pre -Construction Conference 0 0 3 Review Shop Drawings 22 20 42 4 Answer Design Questions 8 8 16 DIVISION VI - (RAISE and Local Funding) - Total T TOTAL HOURS 30 28 58 Page 16 Page 503 of 736 La Porte Road Reconstruction Construction Related Services - Phase 2 City of Waterloo Local Systems Project Number: HDP-8155(787)--71-07 COST ANALYSIS - Terracon - DIVISION VI I. Direct Labor Cost (Terracon) Category Hours Rate/Hour Amount Department Manager I - 002488 5 $45.10 $225.50 Project Manager - 001334 58 $37.00 $2,146.00 Engineering Technician III - 208692 175 $22.55 $3,946.25 Resource Coordinator - 007968 28 $25.50 $714.00 $7,031.75 266 II. Payroll Burden and Overhead Provisional Costs 202.86% $14,264.61 FCCM (%) 1.78% $125.17 III. Direct Project Expenses Category Units Rate/Unit Amount Mileage 200 0.7 140.00 $140.00 IV. Estimated Actual Costs $21,561.52 Rounded $21,600.00 V. Fixed Fee (12%) $2,555.56 FCCM ($125.17) Fixed Fee Less FCCM $2,430.40 Rounded $2,400.00 VI. Subconsultant Authorized Amount $24,000.00 VII. Contingency (10%) $2,160.00 Rounded $2,200.00 VIII. Maximum Amount Payable $26,200.00 Page 17 Page 504 of 736 La Porte Road Reconstruction Construction Related Services - Phase 2 City of Waterloo Local Systems Project Number: HDP-8155(787)--71-07 COST ANALYSIS - Robinson Engineering Company - DIVISION VI I. Direct Labor Cost (Robinson Engineering Company) Category Hours Rate/Hour Amount Principal 0 $40.00 $0.00 Engineer 400 $40.00 $16,000.00 $16,000.00 400 II. Payroll Burden and Overhead Provisional Costs (Fixed) 223.22% $35,715.20 III. Direct Project Expenses Category Units Rate/Unit Amount 0.00 $0.00 IV. Estimated Actual Costs $51,715.20 Rounded $51,700.00 V. Fixed Fee (12%) $6,205.82 Rounded $6,200.00 VI. Subconsultant Authorized Amount $57,900.00 VII. Contingency (10%) $5,170.00 Rounded $5,200.00 VIII. Maximum Amount Payable $63,100.00 Page 18 Page 505 of 736 La Porte Road Reconstruction Construction Related Services - Phase 2 City of Waterloo Robinson Engineering Company Staff Hour Estimate Description of Work Principal Engineer Total DIVISION VI - (RAISE and Local Funding) La Porte Road Phase 2 Construction -Related Services 1 Pre -Construction Conference 8 8 8 Field Observation 80 80 9 SWPPP Reviews 312 312 DIVISION VI - (RAISE and Local Funding) - Total 0 TOTAL HOURS 0 400 400 Page 19 Page 506 of 736 La Porte Road Reconstruction Construction Related Services - Phase 2 City of Waterloo Local Systems Project Number: HDP-8155(787)--71-07 Cost Analysis - RITLAND+KUIPER Landscape Architects - DIVISION VI Task No. Description of Work Senior LA 1 Senior LA 2 Landscape Architect Total DIVISION VI - (RAISE and Local Funding) La Porte Road Phase 2 Construction -Related Services 3 Review Shop Drawings 12 12 4 Answer Design Questions 42 42 6 Construction Site Visits - Design Personnel 8 8 12 Weekly Progress Meetings 8 8 14 Field Review Near Project Completion 8 8 15 Final Project Field Review 4 4 DIVISION VI - (RAISE and Local Funding) - Total 0 82 0 82 TOTAL HOURS 0 82 0 82 Hourly Rate Direct Labor Amount Estimated Expenses Direct Expense Costs Estimated Actual Costs Subconsultant Authorized Amount Contingency (10%) - Rounded Maximum Amount Payable (Rounded) $150.00 $0.00 $0.00 Rounded $150.00 $12,300.00 $125.00 $0.00 $12,300.00 $0.00 $12,300.00 $12,300.00 $1,200.00 $13,500.00 Page 20 Page 507 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Jamie Knutson, City Engineer Engineering Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Resolution approving Supplemental Agreement No. 2, to a Professional Services Agreement with Foth Infrastructure and Environment, LLC, originally executed March 17, 2025, in an amount not to exceed $81,000.00, in conjunction with the FY 2026 Katoski Drive and Huntington Road Reconstruction, Contract No. 1123, and authorizing the Mayor to execute said document. RECOMMENDED COUNCIL ACTION SUMMARY STATEMENT AND BACKGROUND INFORMATION Supplemental Agreement is for the final design. Costs for agreement to be shared between the City and the Waterloo Schools. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES TIF ALTERNATIVE ACTION LEGAL DESCRIPTION Page 508 of 736 ATTACHMENTS 1. Amendment #2 Foth Infrastructure and Environment LLC Agreement for Services Landscape Design 111825 - City of Waterloo Page 509 of 736 #Foth Project Title: Huntington Road and Katoski Drive Reconstruction AGREEMENT FOR SERVICES ADDENDUM No. 25-02 FOTH Project Number: CLIENT Project Number: (If applicable) 0025W013.00 Contract #1123 This Addendum (in addition to and subject to the conditions contained in the Agreement for Services dated March 17, 2025), (hereinafter "Addendum"), is made and entered into 1st day of December, 2025 by and between FOTH INFRASTRUCTURE & ENVIRONMENT, LLC, (hereinafter "Consultant") and City of Waterloo, (hereinafter "Client"), for the services described under the Scope of Services (the "Services"). CLIENT: City of Waterloo Address: 715 Mulberry Street, Waterloo, Iowa 50023 Phone No: 319-291-4312 Scope of Services: See Exhibit A Schedule: See Exhibit B Email Address: Jamie.Knutson@waterloo-ia.org Client hereby agrees to retain Consultant to perform the following Services: Services shall be performed according to the following schedule: Compensation: In consideration of these Services, the Client agrees to pay Consultant compensation as follows: ❑ Lump -Sum in the amount of $ .00 Unit Cost/Time Charges (Standard Rates) with a total amount not -to -exceed $81,000.00 ❑ Unit Cost/Time Charges (Standard Rates) for an estimated cost of $ .00 ❑ Other as stated here: Special Conditions (if any): Entire Agreement: This Addendum, along with other approved Addendums, together with and subject to the Agreement for Services referenced above, constitutes the entire understanding between the parties with respect to the subject matter hereof. This Addendum may be modified by subsequent written addenda mutually agreeable by both parties. IN WITNESS WHEREOF, this Agreement is accepted on the date last written below, subject to the terms and conditions above stated and the provisions set forth herein. CLIENT FOTH INFRASTRUCTURE & ENVIRONMENT, LLC Signed: Signed: Name (printed): Quentin M. Hart Name (printed): C/Jon Resler, PE Title: Mayor Title: Lead Civil Engineer Date: Date: December 1, 2025 Signed: Name (printed): Dave Kapler, PE Title: Senior Vice President Date: December 1, 2025 Page 1 of 4 Rev. 03/31 /2021 Page 510 of 736 Exhibit A Scope of Services The work to be performed by the Consultant under this agreement shall encompass and include detailed work, services, materials, equipment and supplies necessary to complete the landscape design for the project. The Consultant shall complete the scope of services in accordance with generally accepted standards of practice and shall include all work necessary to complete the tasks outlined in this Agreement. Project Background Refer to previous Huntington Road and Katoski Drive Reconstruction Agreement for Services Addendum No. 25-01 for a synopsis of the project background. BASIC SERVICES OF THE CONSULTANT The following are tasks added to the agreement: A. Project Coordination The Consultant will complete the following project coordination tasks for the landscaping design. 1. Design Development Coordination Maintain communications with the City to review progress and discuss specific elements of the project landscaping design and receive direction from the City. The meetings will also serve to monitor schedules and project goals, promote a dialog between the various entities, improve the decision -making process, expedite design development, and keep documentation of communications. For budget purposes, the Consultant will attend two (2) meetings that will be attended by three (3) staff members of the Consultant to discuss landscape planning and design. The following meetings are included with the scope of work: • Check and Final Plan Phases — Two (2) meetings B. Pre -Final (Check) Landscaping Design and Plans — LS Sheets (90% Complete), and Final Plan Preparation (100% Complete) The Consultant will refine and develop the site design and technical details for the landscape plans based on the Client Schematic Design previously reviewed and approved by the City. The Consultant will continue to coordinate and develop the design as it relates to plant material, hardscape within landscape areas, utility, signage, lighting associated with signage, and site furnishings. The Consultant will document the preferred design for the corridor right-of-way plantings, public amenity zones, roundabout landscapes (4), and associated sign designs. Deliverables at each project milestone shall include: 1. Site planting plan, planting soils, and plant schedule 2. Signage design and detailing for each location 3. Site sections and details 4. Probable cost opinion 5. Specifications Page 2 of 4 Rev. 03/31 /2021 Page 511 of 736 C. Project Bidding The work tasks to be performed or coordinated by the Consultant will include the following: 1. Plan Clarification and Addenda The Consultant shall be available to answer questions from bidders related to landscaping prior to the letting and shall aid in the issuance of the addenda as appropriate to interpret, clarify, or append the bidding documents. D. Construction Services The scope of services and estimated effort assumes that construction of this project will be two full construction seasons, 2026 and 2027. The Consultant shall provide the following Construction Period Services: 1. Shop Drawing Submittal Review The Consultant shall review shop drawings, samples, and other data related to landscaping which the Contractor is required to submit, but only for conformance with design concept of the Project and conformance with the information given in the contract documents. The Consultant shall evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor. 2. Plan Interpretation and Clarification The Consultant shall assist with landscape plan interpretation and clarification, as necessary. II. PROJECT DELIVERABLES The scope of services shall be considered complete upon completion and delivery of the following items to the satisfaction of the City: A. Landscape Check Plans and Opinion of Probable Construction Costs B. Landscape Final Plans and Opinion of Probable Construction Costs C. Five (5) printed copies of the final plans D. Electronic copy in pdf format of the original electronic signed final drawings (half-size 11 "x17") that includes special provisions and engineer's final opinion of probable cost for the roadway project III. ADDITIONAL SERVICES NOT INCLUDED IN THIS CONTRACT Additional Services not included as part of this Scope. If authorized, under a supplemental agreement, the Consultant shall furnish or obtain from others the following services: A. Geotechnical investigation B. Design services considered geotechnical, mechanical, or construction staking C. Construction estimating services beyond unit costs for materials D. Underground storm water detention design E. Design of franchise utility services such as electrical, telephone, fiber optic, and gas services to be provided by others F. Neighborhood meetings Page 3 of 4 Rev. 03/31 /2021 Page 512 of 736 Exhibit B Schedule The Consultant shall complete the following phases of the Project in accordance with the schedule shown; assuming notice to proceed is issued by the City on or before December 1, 2025. If notice to proceed is given at a later date, time of completion shall be extended accordingly. Check Plans (90%) December 15, 2025 Final Design Submittal January 23, 2026 Page 4 of 4 Rev. 03/31 /2021 Page 513 of 736 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Traffic Operations Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Resolution approving an Agreement for the Iowa Clean Air Attainment Program funding grant with the Iowa Department of Transportation, in the amount of $700,000.00 in conjunction with the construction of a roundabout at Hammond Avenue and Ridgeway Avenue, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Requesting approval of ICAAP Grant with the DOT. SUMMARY STATEMENT AND BACKGROUND INFORMATION Traffic studies were performed showing the intersection level of service would improve greatly with the installation of a roundabout at Ridgeway and Hammond and a roundabout would also decrease the amount of vehicle emissions. An ICAAP grant was applied for and awarded. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 514 of 736 ATTACHMENTS 1. Waterloo ICAAP (790) Project Agreement Page 515 of 736 June 2025 IOWA DEPARTMENT OF TRANSPORTATION Federal -Aid Agreement for a Iowa's Clean Air Attainment Program (ICAAP) Project Subrecipient: City of Waterloo Subrecipient Unique Entity Identifier: CH94KQBTB2D8 Project Number(s): STP-A-8155(790)-86-07 Iowa DOT Agreement Number: 2025-ICAAP-02 This agreement, made as of the date of the last party's signature below, is between City of Waterloo (hereinafter referred to as Subrecipient) and the Iowa Department of Transportation, the federal pass - through entity (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44 provide for the Subrecipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with federal funds. Federal regulations require federal funds to be administered by the Department. The federal -aid highway funds included in this agreement are jointly implemented by the Federal Highway Administration (FHWA) and the Department. The Subrecipient has received federal funding through the Iowa's Clean Air Attainment Program (ICAAP), which is funded by the Congestion Mitigation and Air Quality (CMAQ) Program, as codified in Section 149 of Title 23, United States Code (U.S.C.); which are hereinafter referred to as ICAAP funds. The Catalog of Federal Domestic Assistance (CFDA) number and title for this funding is 20.205 Highway Planning and Construction. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide the funding named above to the Subrecipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Subrecipient shall be responsible for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person shall be Jared Smith, Local Systems Bureau, 800 Lincoln Way, Ames, Iowa 50010, 515-239-1713. The Subrecipient's contact person shall be Safiah Elahi, City of Waterloo, 625 Glenwood Street, Waterloo, Iowa 50613. 3. The Subrecipient shall be responsible for the development and completion of the following described project: Construction of roundabout at the intersection of Hammond Avenue and Ridgeway Avenue in the City of Waterloo. 1 Page 516 of 736 June 2025 4. The Subrecipient shall receive reimbursement for costs of authorized and approved eligible project activities from ICAAP funds. The portion of the project costs reimbursed with ICAAP funds shall be limited to a maximum of either 80 percent of eligible costs (other than those reimbursed with other federal funds) or the amount listed ($700,000) in the Black Hawk County Metropolitan Area current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. Eligible project activities will be as described in Section 149 of Title 23, United States Code (U.S.C.) and determined by the Department to be eligible. 5. Eligible project costs in excess of the amount reimbursed by the Department above will be considered the local contribution and may include cash, non -cash or approved state fund contributions, subject to Department approval. The local contribution must equal a minimum of 20 percent of eligible project costs. The subrecipient shall certify to the Department the value of any non -cash contribution to the project prior to it being incurred and in accordance with the procedures outlined in the applicable Instructional Memorandum to Local Public Agencies (I.M.$). The Department retains the sole authority to determine the eligibility and value of the Subrecipient's non -cash contribution for the purposes of this agreement. If the Subrecipient's total cash and non - cash contribution is determined by the Department to be less than that required by this agreement, the Subrecipient shall increase its cash contribution or the grant amount associated with this project shall be reduced accordingly. 6. The Subrecipient must have let the contract or have construction started within two years of October 1, 2025. If the Subrecipient does not do this, they will be in default for which the Department can revoke funding commitments. The Department may approve extensions of this agreement for periods up to six months upon receipt of a written request from the Subrecipient at least sixty (60) days prior to the deadline. 7. The Subrecipient shall provide a summary report measuring the success of its effect on vehicle emissions to the Department upon completion of the project and prior to requesting final reimbursement. The report will include before and after project emissions calculations comparing new data compiled after project completion to the data submitted with the project application. Through a quantitative analysis, the summary must show how many kilograms of pollutants (including CO, VOC, NOx, and if applicable PM) have been reduced. The preparation of this summary may require additional data collection or modeling. These tasks or services are not considered project costs and are not eligible for reimbursement. 8. If the Subrecipient fails to perform any obligation under this agreement, the Department shall have the right, after first giving thirty (30) days written notice to the Subrecipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Subrecipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Subrecipient shall notify Department no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. The Department may thereafter determine whether the default has, in fact, been cured, or whether the Subrecipient remains in default. 2 Page 517 of 736 June 2025 9. This agreement may be declared to be in default by the Department if the Department determines that the Subrecipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the Department determines that the project is not developed as described in the application and according to the requirements of this agreement. 10. In the event a default is not cured the Department may do any of the following: a) revoke funding commitments of funds loaned or granted by this agreement; b) seek repayment of funds loaned or granted by this agreement; or c) revoke funding commitments of funds loaned or granted by this agreement and also seek repayment of funds loaned or granted by this agreement. By signing this agreement the Subrecipient agrees to repay said funding if they are found to be in default. Repayment methods may include cash repayment, installment repayments with negotiable interest rates, or other methods as approved by the Department. 11. The Subrecipient shall comply with Exhibit 1, General Agreement Provisions for use of Federal Highway Funds on Non -primary Highways, which is attached hereto and by this reference is incorporated into this agreement. 12. The Subrecipient shall maintain, or cause to be maintained for the intended public use, the improvement for twenty (20) years from the completion date in a manner acceptable to the Department. 13. This agreement is not assignable without the prior written consent of the Department. 14. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 15. It is the intent of both parties that no third -party beneficiaries be created by this agreement. 16. This agreement and the attached exhibit constitute the entire agreement between the Department and the Subrecipient concerning this project. Representations made before 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 shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the Department and the Subrecipient. 3 Page 518 of 736 June 2025 IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. SUBRECIPIENT: City of Waterloo By: Date Title: CERTIFICATION: I, , certify that I am the Clerk of the city, and that (Name of City Clerk) , who signed said Agreement for and on behalf of (Name of Mayor/Signer Above) the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city, on the day of Signed: City Clerk of Waterloo, Iowa. IOWA DEPARTMENT OF TRANSPORTATION Transportation Development Division 800 Lincoln Way, Ames, Iowa 50010 Tel. 515-239-1664 By: Date , Debra Arp Grant Team Leader Local Systems Bureau 4 Page 519 of 736 June 2025 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non -primary Projects Unless otherwise specified in this agreement, the Subrecipient shall be responsible for the following: 1. General Requirements. a. The Subrecipient shall take the necessary actions to comply with applicable state and federal laws and regulations. To assist the Subrecipient, the Department has provided guidance in the Federal -aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at: https://iowadot.gov/local_systems/im/Ipa-ims. The Subrecipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Subrecipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Subrecipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, national origin, religion, pregnancy, or disability. The Subrecipient agrees to comply with the requirements outlined in I.M. 1.070, Title VI and Nondiscrimination Requirements which includes the requirement to provide a copy of the Subrecipient's Title VI Plan or Agreement and Standard DOT Title VI Assurances to the Department. c. The Subrecipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When bicycle and/or pedestrian facilities are constructed, reconstructed, or altered, the Subrecipient shall make such facilities compliant with the ADA and Section 504, which includes following the requirements set forth in Chapter 12A for sidewalks and Chapter 12B for Bicycle Facilities of the Iowa DOT Design Manual. d. To the extent allowable by law, the Subrecipient agrees to indemnify, defend, and hold the Department harmless from any claim, action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation. e. As required by 2 CFR 200.501 "Audit Requirements," a non-federal entity expending $750,000 or more in federal awards in a year shall have a single or program -specific audit conducted for that year in accordance with the provision of that part. Auditee responsibilities are addressed in Subpart F of 2 CFR 200. The federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal 5 Page 520 of 736 June 2025 Domestic Assistance (CFDA) number and title as shown in this agreement. If the Subrecipient will pay initial project costs and request reimbursement from the Department, the Subrecipient shall report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Subrecipient shall not report this project on its SEFA. f. The Subrecipient shall supply the Department with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170. g. The Subrecipient shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: i. The Subrecipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any Department -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subrecipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Department -assisted contracts. ii. The Subrecipient shall comply with the requirements of I.M. 5.010, DBE Guidelines. iii. The Department's DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subrecipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de - appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; or 3) If the Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The Department shall provide the Subrecipient with written notice of termination pursuant to this section. 6 Page 521 of 736 June 2025 2. Programming and Federal Authorization. a. The Subrecipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Subrecipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). lithe project is not included in the appropriate fiscal year of the STIP, federal funds cannot be authorized. b. Before beginning any work for which federal funding reimbursement will be requested, the Subrecipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Subrecipient shall submit a written request for FHWA authorization to the Department. After reviewing the Subrecipient's request, the Department will forward the request to the FHWA for authorization and obligation of federal funds. The Department will notify the Subrecipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with federal funds. c. Upon receiving FHWA authorization, the Subrecipient must show federal aid funding activity to receive the programmed amount authorized for the project. If there is no funding activity for nine or more months after the previous activity, the remaining unused programmed amount will be de -obligated from the project and there will be no further federal aid reimbursement issued for the project. If the Subrecipient knows in advance that funding activity will not occur for the nine months, the Contract Administrator needs to be notified to determine if programming of funds can be adjusted or other options can be explored. d. Upon receipt of Federal Highway Administration (FHWA) authorization a Federal Award Identification Number (FAIN) will be assigned to this project by the FHWA based on a methodology that incorporates identifying information about the federal award such as the federal funding program code and the federal project number. This FAIN will be used to identify this project and award on the federal government's listing of financial assistance awards consistent with the Federal Funding Accountability and Transparency Act of 2006 (FFATA) at usaspending.gov. e. A period of performance for this federal funding award will be established at the time of FHWA authorization. The start date of the period of performance will be the FHWA authorization date. The project end date (PED) will be determined according to the methodology in I.M. 1.200, Federal Funds Management. Costs incurred before the start date or after the PED of the period of performance will not be eligible for reimbursement. 3. Federal Participation in Work Performed by Subrecipient Employees. a. If federal reimbursement will be requested for engineering, construction inspection, right-of-way acquisition or other services provided by employees of the Subrecipient, the Subrecipient shall follow the procedures in I.M. 3.330, Federal -aid Participation in In -House Services. 7 Page 522 of 736 June 2025 b. If federal reimbursement will be requested for construction performed by employees of the Subrecipient, the Subrecipient shall follow the procedures in I.M. 6.010, Federal -aid Construction by Local Agency Forces. c. If the Subrecipient desires to claim indirect costs associated with work performed by its employees, the Subrecipient shall prepare and submit to the Department an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 200. Before incurring any indirect costs, such indirect cost rate proposal shall be certified by the FHWA or the federal agency providing the largest amount of federal funds to the Subrecipient. If approved, the approved indirect cost rate shall be incorporated by means of an addendum to this agreement. 4. Design and Consultant Services a. The Subrecipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. b. If the Subrecipient requests federal funds for consultant services, the Subrecipient and the Consultant shall prepare a contract for consultant services in accordance with 23 CFR Part 172. These regulations require a qualifications -based selection process. The Subrecipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.310, Federal -aid Participation in Consultant Costs. 5. Environmental Requirements and other Agreements or Permits. a. The Subrecipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The Subrecipient shall complete any mitigation agreed upon in the FHWA approval document. These procedures are set forth in I.M. 3.020, Concept Statement Instructions; 4.020, NEPA Process; 4.110, Threatened and Endangered Species; and 4.120, Cultural Resource Regulations. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Subrecipient shall follow the procedures in I.M. 4.170, Farmland Protection Policy Act. c. The Subrecipient shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, or other agencies as required. The Subrecipient shall follow the procedures in I.M. 4.130, 404 Permit Process; 4.140, Storm Water Permits; 4.150, Iowa DNR Floodplain Permits and Regulations; 4.160, Asbestos Inspection, Removal and Notification Requirements; and 4.190, Highway Improvements in the Vicinity of Airports or Heliports. d. In all contracts entered into by the Subrecipient, and all subcontracts, in connection with this project that exceed $100,000, the Subrecipient shall comply with the requirements of Section 8 Page 523 of 736 June 2025 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the Subrecipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. 6. Right -of -Way, Railroads and Utilities. a. The Subrecipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right -of -Way Acquisition, and the Department's Right of Way Bureau Local Public Agency Manual. The Subrecipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds are used for right-of-way activities. The Subrecipient shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the Subrecipient requests federal funding for right-of-way acquisition, the Subrecipient shall also obtain FHWA authorization before purchasing any needed right-of-way. b. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the federal funds were authorized, the Subrecipient shall repay the amount of federal funds reimbursed for right-of-way costs to the Department. c. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Subrecipient shall obtain agreements, easements, or permits as needed from the railroad. The Subrecipient shall follow the procedures in I.M. 3.670, Work on Railroad Right -of -Way, and I.M. 3.680, Federal -aid Projects Involving Railroads. d. The Subrecipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway Right of Way for projects on non -primary federal -aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the Subrecipient shall follow the Department's Policy for Accommodating Utilities on Primary Road System. Certain utility relocation, alteration, adjustment, or removal costs to the Subrecipient for the project may be eligible for federal funding reimbursement. The Subrecipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. e. If the Subrecipient desires federal reimbursement for utility costs, it shall submit a request for FHWA authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations. 7. Construction Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: 9 Page 524 of 736 June 2025 a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer, architect, or landscape architect, as applicable, licensed in the State of Iowa. b. For projects let through the Department, the Subrecipient shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the Department for review and approval in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Subrecipient for individual construction items shall be approved by the Department. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received, make a decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract is awarded, execute the contract documents in Doc Express. c. For projects that are let locally by the Subrecipient, the Subrecipient shall follow the procedures in I.M. 5.120, Local Letting Process, Federal -aid. d. The Subrecipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 5.050, Project Development Certification Instructions. The project shall not receive FHWA authorization for construction or be advertised for bids until after the Department has reviewed and approved the Project Development Certification. e. If the Subrecipient is a city, the Subrecipient shall comply with the public hearing requirements of the Iowa Code section 26.12. f. The Subrecipient shall not provide the contractor with notice to proceed until after receiving notice in Doc Express that the Department has concurred in the contract award. 8. Construction. a. A full-time employee of the Subrecipient shall serve as the person in responsible charge of the construction project. For cities that do not have any full-time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. c. For projects let through the Department, the project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction and the Subrecipient shall comply with the procedures and responsibilities for materials testing according to the 10 Page 525 of 736 June 2025 Department's Materials I.M.s applicable to the letting. Available on-line at: https://www.iowadot.gov/erl/index.html. d. For projects let locally, the Subrecipient shall provide materials testing and certifications as required by the approved specifications. e. If the Department provides any materials testing services to the Subrecipient, the Department will bill the Subrecipient for such testing services according to its normal policy as per Materials I.M. 103, Inspection Services Provided to Counties, Cities, and Other State Agencies. f. The Subrecipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. 9. Reimbursements. a. After costs have been incurred, the Subrecipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least once every six months but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the Subrecipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. Reimbursement claims shall be submitted on forms identified by the Department along with all required supporting documentation. The Department will reimburse the Subrecipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the federal share of construction costs or 5% of the total federal funds available for the project, whichever is less. Reimbursement will be made either by state warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Subrecipient has been overpaid, the Subrecipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Subrecipient has provided all required paperwork, the Department will release the federal funds withheld. e. The total funds collected by the Subrecipient for this project shall not exceed the total project costs. The total funds collected shall include any federal or state funds received, any special assessments made by the Subrecipient (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total 11 Page 526 of 736 June 2025 funds collected by the Subrecipient do exceed the total project costs, the Subrecipient shall either: i. in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or ii. Refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate state fund account in the amount of refunds received from the Subrecipient. 10. Project Close-out. a. Within 30 days of completion of construction or other activities authorized by this agreement, the Subrecipient shall provide written notification to the Department and request a final audit, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal -aid, Federal -aid Swap, and Farm -to -Market Projects. Failure to comply with the procedures will result in loss of federal funds remaining to be reimbursed and the repayment of funds already reimbursed. The Subrecipient may be suspended from receiving federal funds on future projects. b. For construction projects, the Subrecipient shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of federal funds shall be made only after the Department accepts the project as complete. d. The Subrecipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Subrecipient shall also make these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the federal government. Copies of these materials shall be furnished by the Subrecipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval of the final closure document, the Department will notify the Subrecipient of the record retention date. e. The Subrecipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. 12 Page 527 of 736 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Traffic Operations Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Resolution approving an Agreement for the Carbon Reduction Program funding grant with the Iowa Department of Transportation, in the amount of $1,332,000.00, in conjunction with the construction of a roundabout at Hammond Avenue and Ridgeway Avenue, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approve agreement with DOT. SUMMARY STATEMENT AND BACKGROUND INFORMATION Traffic studies were performed showing the intersection level of service would improve greatly with the installation of a roundabout at Ridgeway and Hammond and a roundabout would also decrease the amount of vehicle emissions. A Carbon Reduction Program grant was applied for and awarded. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 528 of 736 ATTACHMENTS 1. Waterloo CRP (791) Roundabout with sidewalks Page 529 of 736 June 2025 IOWA DEPARTMENT OF TRANSPORTATION Federal -Aid Agreement for a Carbon Reduction Program (CRP) Project Subrecipient: City of Waterloo Subrecipient Unique Entity Identifier: CH94KQBTB2D8 Project Number(s): CRP-8155(791)-8P-07 Iowa DOT Agreement Number: 26-CRP-103 This agreement, made as of the date of the last party's signature below, is between City of Waterloo (hereinafter referred to as Subrecipient) and the Iowa Department of Transportation, the federal pass - through entity (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44 provide for the Subrecipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with federal funds. Federal regulations require federal funds to be administered by the Department. The federal -aid highway funds included in this agreement are jointly implemented by the Federal Highway Administration (FHWA) and the Department. The Subrecipient has received federal funding through the Carbon Reduction Program (CRP), as codified in Section 175 of Title 23, United States Code (U.S.C.), which are hereinafter referred to as CRP funds. The Catalog of Federal Domestic Assistance (CFDA) number and title for this funding is 20.205 Highway Planning and Construction. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide the funding named above to the Subrecipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Subrecipient shall be responsible for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person shall be Jared Smith, Local Systems Bureau, 800 Lincoln Way, Ames, Iowa 50010, 515-239-1713. The Subrecipient's contact person shall be Safiah Elahi, City of Waterloo, 625 Glenwood Street, Waterloo, Iowa 50613. 3. The Subrecipient shall be responsible for the development and completion of the following described project: Construction of roundabout at the intersection of Hammond Avenue and Ridgeway Avenue in the City of Waterloo. Construction of sidewalk on Ridgeway Avenue and Hammond Avenue to San Marnan Drive. 1 Page 530 of 736 June 2025 4. The Subrecipient shall receive reimbursement for costs of authorized and approved eligible project activities from CRP funds. The portion of the project costs reimbursed with CRP funds shall be limited to a maximum of either 80 percent of eligible costs (other than those reimbursed with other federal funds) or the amount listed ($1,332,000) in the Black Hawk County Metropolitan Area current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. Eligible project activities will be as described in Section 175 of Title 23, United States Code (U.S.C.) and determined by the Department to be eligible. 5. Eligible project costs in excess of the amount reimbursed by the Department above will be considered the local contribution and may include cash, non -cash or approved state fund contributions, subject to Department approval. The local contribution must equal a minimum of 20 percent of eligible project costs. The subrecipient shall certify to the Department the value of any non -cash contribution to the project prior to it being incurred and in accordance with the procedures outlined in the applicable Instructional Memorandum to Local Public Agencies (I.M.$). The Department retains the sole authority to determine the eligibility and value of the Subrecipient's non -cash contribution for the purposes of this agreement. If the Subrecipient's total cash and non - cash contribution is determined by the Department to be less than that required by this agreement, the Subrecipient shall increase its cash contribution or the grant amount associated with this project shall be reduced accordingly. 6. The Subrecipient must have let the contract or have construction started within two years of October 1, 2026. If the Subrecipient does not do this, they will be in default for which the Department can revoke funding commitments. The Department may approve extensions of this agreement for periods up to six months upon receipt of a written request from the Subrecipient at least sixty (60) days prior to the deadline. 7. If the Subrecipient fails to perform any obligation under this agreement, the Department shall have the right, after first giving thirty (30) days written notice to the Subrecipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Subrecipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Subrecipient shall notify Department no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. The Department may thereafter determine whether the default has, in fact, been cured, or whether the Subrecipient remains in default. 8. This agreement may be declared to be in default by the Department if the Department determines that the Subrecipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the Department determines that the project is not developed as described in the application and according to the requirements of this agreement. 9. In the event a default is not cured the Department may do any of the following: a) revoke funding commitments of funds loaned or granted by this agreement; b) seek repayment of funds loaned or granted by this agreement; or c) revoke funding commitments of funds loaned or granted by this agreement and also seek repayment of funds loaned or granted by this agreement. By signing this agreement the Subrecipient agrees to repay said funding if they are found to be in default. 2 Page 531 of 736 June 2025 Repayment methods may include cash repayment, installment repayments with negotiable interest rates, or other methods as approved by the Department. 10. The Subrecipient shall comply with Exhibit 1, General Agreement Provisions for use of Federal Highway Funds on Non -primary Highways, which is attached hereto and by this reference is incorporated into this agreement. 11. The Subrecipient shall maintain, or cause to be maintained for the intended public use, the improvement for twenty (20) years from the completion date in a manner acceptable to the Department. 12. This agreement is not assignable without the prior written consent of the Department. 13. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 14. It is the intent of both parties that no third -party beneficiaries be created by this agreement. 15. This agreement and the attached exhibit constitute the entire agreement between the Department and the Subrecipient concerning this project. Representations made before 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 shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the Department and the Subrecipient. 3 Page 532 of 736 June 2025 IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. SUBRECIPIENT: City of Waterloo By: Date Title: CERTIFICATION: I, , certify that I am the Clerk of the city, and that (Name of City Clerk) , who signed said Agreement for and on behalf of (Name of Mayor/Signer Above) the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city, on the day of Signed: City Clerk of Waterloo, Iowa. IOWA DEPARTMENT OF TRANSPORTATION Transportation Development Division 800 Lincoln Way, Ames, Iowa 50010 Tel. 515-239-1664 By: Date Debra Arp Grant Team Leader Local Systems Bureau 4 Page 533 of 736 June 2025 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non -primary Projects Unless otherwise specified in this agreement, the Subrecipient shall be responsible for the following: 1. General Requirements. a. The Subrecipient shall take the necessary actions to comply with applicable state and federal laws and regulations. To assist the Subrecipient, the Department has provided guidance in the Federal -aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at: https://iowadot.gov/local_systems/im/Ipa-ims. The Subrecipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Subrecipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Subrecipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, national origin, religion, pregnancy, or disability. The Subrecipient agrees to comply with the requirements outlined in I.M. 1.070, Title VI and Nondiscrimination Requirements which includes the requirement to provide a copy of the Subrecipient's Title VI Plan or Agreement and Standard DOT Title VI Assurances to the Department. c. The Subrecipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When bicycle and/or pedestrian facilities are constructed, reconstructed, or altered, the Subrecipient shall make such facilities compliant with the ADA and Section 504, which includes following the requirements set forth in Chapter 12A for sidewalks and Chapter 12B for Bicycle Facilities of the Iowa DOT Design Manual. d. To the extent allowable by law, the Subrecipient agrees to indemnify, defend, and hold the Department harmless from any claim, action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation. e. As required by 2 CFR 200.501 "Audit Requirements," a non-federal entity expending $750,000 or more in federal awards in a year shall have a single or program -specific audit conducted for that year in accordance with the provision of that part. Auditee responsibilities are addressed in Subpart F of 2 CFR 200. The federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal 5 Page 534 of 736 June 2025 Domestic Assistance (CFDA) number and title as shown in this agreement. If the Subrecipient will pay initial project costs and request reimbursement from the Department, the Subrecipient shall report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Subrecipient shall not report this project on its SEFA. f. The Subrecipient shall supply the Department with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170. g. The Subrecipient shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: i. The Subrecipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any Department -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subrecipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Department -assisted contracts. ii. The Subrecipient shall comply with the requirements of I.M. 5.010, DBE Guidelines. iii. The Department's DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subrecipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de - appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; or 3) If the Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The Department shall provide the Subrecipient with written notice of termination pursuant to this section. 6 Page 535 of 736 June 2025 2. Programming and Federal Authorization. a. The Subrecipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Subrecipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). lithe project is not included in the appropriate fiscal year of the STIP, federal funds cannot be authorized. b. Before beginning any work for which federal funding reimbursement will be requested, the Subrecipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Subrecipient shall submit a written request for FHWA authorization to the Department. After reviewing the Subrecipient's request, the Department will forward the request to the FHWA for authorization and obligation of federal funds. The Department will notify the Subrecipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with federal funds. c. Upon receiving FHWA authorization, the Subrecipient must show federal aid funding activity to receive the programmed amount authorized for the project. If there is no funding activity for nine or more months after the previous activity, the remaining unused programmed amount will be de -obligated from the project and there will be no further federal aid reimbursement issued for the project. If the Subrecipient knows in advance that funding activity will not occur for the nine months, the Contract Administrator needs to be notified to determine if programming of funds can be adjusted or other options can be explored. d. Upon receipt of Federal Highway Administration (FHWA) authorization a Federal Award Identification Number (FAIN) will be assigned to this project by the FHWA based on a methodology that incorporates identifying information about the federal award such as the federal funding program code and the federal project number. This FAIN will be used to identify this project and award on the federal government's listing of financial assistance awards consistent with the Federal Funding Accountability and Transparency Act of 2006 (FFATA) at usaspending.gov. e. A period of performance for this federal funding award will be established at the time of FHWA authorization. The start date of the period of performance will be the FHWA authorization date. The project end date (PED) will be determined according to the methodology in I.M. 1.200, Federal Funds Management. Costs incurred before the start date or after the PED of the period of performance will not be eligible for reimbursement. 3. Federal Participation in Work Performed by Subrecipient Employees. a. If federal reimbursement will be requested for engineering, construction inspection, right-of-way acquisition or other services provided by employees of the Subrecipient, the Subrecipient shall follow the procedures in I.M. 3.330, Federal -aid Participation in In -House Services. 7 Page 536 of 736 June 2025 b. If federal reimbursement will be requested for construction performed by employees of the Subrecipient, the Subrecipient shall follow the procedures in I.M. 6.010, Federal -aid Construction by Local Agency Forces. c. If the Subrecipient desires to claim indirect costs associated with work performed by its employees, the Subrecipient shall prepare and submit to the Department an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 200. Before incurring any indirect costs, such indirect cost rate proposal shall be certified by the FHWA or the federal agency providing the largest amount of federal funds to the Subrecipient. If approved, the approved indirect cost rate shall be incorporated by means of an addendum to this agreement. 4. Design and Consultant Services a. The Subrecipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. b. If the Subrecipient requests federal funds for consultant services, the Subrecipient and the Consultant shall prepare a contract for consultant services in accordance with 23 CFR Part 172. These regulations require a qualifications -based selection process. The Subrecipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.310, Federal -aid Participation in Consultant Costs. 5. Environmental Requirements and other Agreements or Permits. a. The Subrecipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The Subrecipient shall complete any mitigation agreed upon in the FHWA approval document. These procedures are set forth in I.M. 3.020, Concept Statement Instructions; 4.020, NEPA Process; 4.110, Threatened and Endangered Species; and 4.120, Cultural Resource Regulations. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Subrecipient shall follow the procedures in I.M. 4.170, Farmland Protection Policy Act. c. The Subrecipient shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, or other agencies as required. The Subrecipient shall follow the procedures in I.M. 4.130, 404 Permit Process; 4.140, Storm Water Permits; 4.150, Iowa DNR Floodplain Permits and Regulations; 4.160, Asbestos Inspection, Removal and Notification Requirements; and 4.190, Highway Improvements in the Vicinity of Airports or Heliports. d. In all contracts entered into by the Subrecipient, and all subcontracts, in connection with this project that exceed $100,000, the Subrecipient shall comply with the requirements of Section 8 Page 537 of 736 June 2025 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the Subrecipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. 6. Right -of -Way, Railroads and Utilities. a. The Subrecipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right -of -Way Acquisition, and the Department's Right of Way Bureau Local Public Agency Manual. The Subrecipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds are used for right-of-way activities. The Subrecipient shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the Subrecipient requests federal funding for right-of-way acquisition, the Subrecipient shall also obtain FHWA authorization before purchasing any needed right-of-way. b. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the federal funds were authorized, the Subrecipient shall repay the amount of federal funds reimbursed for right-of-way costs to the Department. c. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Subrecipient shall obtain agreements, easements, or permits as needed from the railroad. The Subrecipient shall follow the procedures in I.M. 3.670, Work on Railroad Right -of -Way, and I.M. 3.680, Federal -aid Projects Involving Railroads. d. The Subrecipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway Right of Way for projects on non -primary federal -aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the Subrecipient shall follow the Department's Policy for Accommodating Utilities on Primary Road System. Certain utility relocation, alteration, adjustment, or removal costs to the Subrecipient for the project may be eligible for federal funding reimbursement. The Subrecipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. e. If the Subrecipient desires federal reimbursement for utility costs, it shall submit a request for FHWA authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations. 7. Construction Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: 9 Page 538 of 736 June 2025 a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer, architect, or landscape architect, as applicable, licensed in the State of Iowa. b. For projects let through the Department, the Subrecipient shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the Department for review and approval in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Subrecipient for individual construction items shall be approved by the Department. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received, make a decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract is awarded, execute the contract documents in Doc Express. c. For projects that are let locally by the Subrecipient, the Subrecipient shall follow the procedures in I.M. 5.120, Local Letting Process, Federal -aid. d. The Subrecipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 5.050, Project Development Certification Instructions. The project shall not receive FHWA authorization for construction or be advertised for bids until after the Department has reviewed and approved the Project Development Certification. e. If the Subrecipient is a city, the Subrecipient shall comply with the public hearing requirements of the Iowa Code section 26.12. f. The Subrecipient shall not provide the contractor with notice to proceed until after receiving notice in Doc Express that the Department has concurred in the contract award. 8. Construction. a. A full-time employee of the Subrecipient shall serve as the person in responsible charge of the construction project. For cities that do not have any full-time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. c. For projects let through the Department, the project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction and the Subrecipient shall comply with the procedures and responsibilities for materials testing according to the 10 Page 539 of 736 June 2025 Department's Materials I.M.s applicable to the letting. Available on-line at: https://www.iowadot.gov/erl/index.html. d. For projects let locally, the Subrecipient shall provide materials testing and certifications as required by the approved specifications. e. If the Department provides any materials testing services to the Subrecipient, the Department will bill the Subrecipient for such testing services according to its normal policy as per Materials I.M. 103, Inspection Services Provided to Counties, Cities, and Other State Agencies. f. The Subrecipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. 9. Reimbursements. a. After costs have been incurred, the Subrecipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least once every six months but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the Subrecipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. Reimbursement claims shall be submitted on forms identified by the Department along with all required supporting documentation. The Department will reimburse the Subrecipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the federal share of construction costs or 5% of the total federal funds available for the project, whichever is less. Reimbursement will be made either by state warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Subrecipient has been overpaid, the Subrecipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Subrecipient has provided all required paperwork, the Department will release the federal funds withheld. e. The total funds collected by the Subrecipient for this project shall not exceed the total project costs. The total funds collected shall include any federal or state funds received, any special assessments made by the Subrecipient (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total 11 Page 540 of 736 June 2025 funds collected by the Subrecipient do exceed the total project costs, the Subrecipient shall either: i. in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or ii. Refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate state fund account in the amount of refunds received from the Subrecipient. 10. Project Close-out. a. Within 30 days of completion of construction or other activities authorized by this agreement, the Subrecipient shall provide written notification to the Department and request a final audit, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal -aid, Federal -aid Swap, and Farm -to -Market Projects. Failure to comply with the procedures will result in loss of federal funds remaining to be reimbursed and the repayment of funds already reimbursed. The Subrecipient may be suspended from receiving federal funds on future projects. b. For construction projects, the Subrecipient shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of federal funds shall be made only after the Department accepts the project as complete. d. The Subrecipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Subrecipient shall also make these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the federal government. Copies of these materials shall be furnished by the Subrecipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval of the final closure document, the Department will notify the Subrecipient of the record retention date. e. The Subrecipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. 12 Page 541 of 736 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE Resolution approving an Agreement with EN Engineering, LLC of Lisle, IL, in the amount of $1,295,460, in conjunction with the Waterloo Fiber Project, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Requesting approval of agreement with EN Engineering LLC. SUMMARY STATEMENT AND BACKGROUND INFORMATION EN Communications will continue to provide an experienced Project Manager ("PM") and Project Management Team to oversee all technical and operational tasks required to continue the support of the launch of the Waterloo Fiber network, including both backbone and FTTH components. Additional resources including EN communications' Project Executive, Technical Consultants, and others will be tasked with fulfilling various portions of these tasks throughout the duration of this engagement. This proposal extends services through 2026. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 542 of 736 ATTACHMENTS 1. 2672004.00 - Waterloo - PM_CM_CI Engineering Support - 2026 - EN Engineering Page 543 of 736 ENTRUST SOLUTIONS GROUP Contact: Michael Regan Project Manager mregan(c�entrustsol.com 3333 Warrenville Road Suite 750 Lisle, IL 60532 1/ !'. Project Management, Construction Management an Inspections, and Engin - - Support Services 202 -000-r ity of Waterloo. Proposal Number: 2672004 bl November 6, 2025 November 6, 2025 City of Waterloo RE: PM/CM/CI and Engineering Dear Mayor Hart, On behalf of ENTRUST and Courtney Violette, thank you for allowing EN Engineering, LLC (EN) the opportunity to present you with this proposal. EN is committed to providing high quality and cost- effective engineering and design services that will ensure Waterloo's projects are successfully implemented. Our technical experts, engineers, designers and drafting professionals have developed strong working -relationships with the City of Waterloo. We are confident that EN's expertise will result in another successful project for the City. We appreciate this opportunity to provide a proposal and look forward to meeting with your team to further discuss our proposal in more detail. Should you have any questions or require any additional information, please contact Courtney Violette at 386-931-3520 cviolette@entrustsol.com. Sincerely, Courtney Violette Senior Vice President EN Communications Page 12 m Page 545 of 736 EN Communications Project Team Clayton Johnston Vice President, Construction 3 2 1 Chad Wflbank8 Sr. Construction Manager 2 1^ • David Arrigo Construction Manager Nicholas Beranek Construction Inspector BIOS • Mark Lane Senior Broadband Consultant James (Mike) Hawkins Vice President, Communications 5 2 Cole Henkle Vice President of Design & Engineering 0 a Steve Jakob Melissa Johnston Matthew Southwelt Director of PMC, Manager, Construction Design Coordinator Conmuninations Office Management 2 I Michael Regan Project Manager Christine Freeman Project Coordinator Mike Hawkins, Vice President Communications Mr. Hawkins is an experienced senior -level executive with over 37 years of leadership management shepherding teams of direct and indirect reports (exempt and non- exempt). He is experienced in leading multi -disciplinary teams that are local as well as geographically distributed. Over his tenure of 37 years, he has become knowledgeable and practiced in; business development, staffing, operations, customer service, vendor/subcontractor management, contract origination and implementation, and merger and acquisitions among other skillsets. Mr. Hawkins is also experienced and comfortable in developing material/metrics and presenting to "C-Level" executive audiences, corporate Boards, and city/town councils etc. Clayton Johnston, Vice President Construction Clayton has over 30 years of experience working in the telecommunication industry, including design, construction, and implementation of fiber optic networks nationwide. He has extensive knowledge of constructing fiber optic networks in both the aerial and Page 1 3 Page 546 of 736 underground environments. Municipalities, utilities, cooperatives and many major network carriers rely on Clayton's experience and knowledge to guide them through the fiber optic network deployment process. Clayton is well versed in all project phases from design to construction to closeout. Clayton uses his expertise to facilitate proven methodologies in the outside plant environment. He retired with 25 years from the Army National Guard as a Battalion Communication Chief. Clayton holds a BS in Project Management from Liberty University. Steve Jakab, Director of PMO Steve has over 30 years of experience in telecommunications and electrical engineering. With Steve's technical background, he has successfully led his team to keep projects on schedule and under budget. Michael Regan, Project Manager Michael joins EN Communications Broadband bringing in 31 years of experience in the Telecommunications and Software Industries. Over that time, he has managed integration projects and cost reduction initiatives that transformed evolving networks. He is a results -driven professional who has led growth, innovation and change in the competitive and services industries. Proven track record of optimizing program performance and customer satisfaction. His philosophy in the professional space is focused around his personal drive, integrity, effective communication skills and results - based performance. He earned his bachelor's degree in Mathematical Sciences from Northern Illinois University. Mark Lane, Senior Broadband Consultant Has over 30 years of experience in enterprise IT, carrier network operations, and technology consulting. While serving as CTO for Bristol Virginia Utilities OptiNet, he helped provide the strategic direction and practical implementation responsible for their fiber -to -the -premise (FTTP) network build -out and broadband service deployment for eight counties in Southwest, VA. His vision and leadership contributed to Bristol, VA being selected as an Intelligent Community Forum Top 7 Intelligent City in 2009. Mark received a bachelor's in computer science from the University of Tennessee. Cole Henkle, Vice President of Design and Engineering Cole has a decade of experience managing large broadband designs. He manages the full life cycle of engineering projects from inception to completion, managing all permitting activities and personnel in local and remote locations. He has direct experience working with major carriers, municipalities and regional governments on regional fiber and broadband deployments across the US, some of which include Google Fiber, Verizon and the Cities of Boulder, CO, Chesapeake, VA, Portsmouth, VA, and Ann Arbor, MI. Melissa Johnston, Manager Construction Office Management Page 14 Page 547 of 736 Melissa supports multiple broadband infrastructure projects internationally by project tracking and reporting. Melissa has over 20 years' experience in telecommunications including business owner, engineering, designing, GIS, and make-ready construction of fiber optics networks. She also has extensive experience in the field of aerial as well as diversity in underground fiber optics. With her broad knowledge of the industry, she operates exceptionally with clients. Purpose EN Communications is currently contracted to perform PM/CM/CI and Engineering Support Services to support the City and Waterloo Fiber's deployment of the Waterloo Backbone, and Waterloo Fiber Distribution network, and related systems for both. This proposal extends services through 2026. Statement of Work EN Communications proposes continuation of the following SOW: TASK 1 - PROJECT MANAGEMENT EN Communications will continue to provide an experienced Project Manager ("PM") and Project Management Team to oversee all technical and operational tasks required to continue the support of the launch of the Waterloo Fiber network, including both backbone and FTTH components. Additional resources including EN communications' Project Executive, Technical Consultants, and others will be tasked with fulfilling various portions of these tasks throughout the duration of this engagement. Expected tasks include: • Manage and coordinate day-to-day activities of moving the City's network construction as expeditiously as possible following the City's procurement process, contract approval and notice to proceed. • Ensure all Federal Funding contract requirements are included in each procurement where necessary. • Manage Project Capital Expenditure budgets and develop reports as necessary. • Team with Construction Manager and Construction Inspectors to manage the project implementation plan, including tracking to schedule, budget, issues identification and resolution, and risk mitigation. • Provide regular progress reports, and schedule and coordinate all project related calls, as well as ad -hoc vendor/coordination discussions. Page 15 E Page 548 of 736 • Refine and revise the project implementation plan to reflect the OSP buildout schedule and all necessary steps to implement and turn -up the network. • Work with EN Communications' Subject Matter Experts (SMEs) to create the designs, functional specifications, scopes of work, and RFP's necessary for implementation of Waterloo Fiber including network equipment, operating support systems (OSS), prefabricated shelters, inside plant, service fulfillment, and operational services. EN Communications' SME's will research and advise on all options available to the city specific to each procurement including value - engineering designs, developing Statements of Work (SoW), and validating costs to budget. Our team will deliver customized SOWs for each procurement, recommend the appropriate procurement vehicle, and participate in the procurement process including pre -bid conferences, bidder inquiries, issuing RFP addendums, evaluating bids, making recommendations, and assisting in final negotiations. Project related procurements may include: o Fiber -Optic OSP Construction o Data Center/Building Renovations/Architectural Engineering o Inside Plant (ISP), Power, Environmental, Access Security, etc. o Network Equipment and Software o Data Center Colocation and Entrance Facility Options o Fiber -Optic OSP Operations, Maintenance, and Monetization o Contracted Network Operations Services Manage design changes, and value engineering opportunities for the fiber-optic network, including coordinating all project approvals/changes, change orders, billing/invoice approvals by vendors, and other project administrative functions. - Work with EN Communications SME's and vendors to ensure that equipment and software are implemented, configured, and tested prior to launch. • Develop and oversee acceptance tests of the network and services. TASK 2: PROJECT ENGINEERING SUPPORT EN Communications proposes to continue providing engineering support for the project during the full construction and deployment effort. There will be numerous requirements for drawings to be revised and modified during the permit process, and to support field changes that may occur in the field. Engineering support will include a design project management resource, additional fielding efforts in the Waterloo market Page 16 Page 549 of 736 as needed, and ongoing management and oversight from EN Communications' Iowa licensed Professional Engineer ("PE"). TASK 3: CONSTRUCTION MANAGEMENT EN Communications' Construction Manager ("CM") will act as the client liaison to the Outside Plant (OSP Construction Contractors) team and will provide oversight of the client fiber-optic network(s) construction. The CM will review overall compliance to the specifications, assessing Contractor adherence to public works and right of way restrictions, performance of construction activities, and assist in the development of applicable project documentation. Other tasks that will be performed include: • Managing the overall Construction deployment of the Outside Plant (OSP), ensuring schedule management, specification compliance and documentation. • Approving all materials to be used in the job. As applicable. • Act as the main point of contact for selected OSP Contractor, addressing field issues, coordinating daily activities of the Construction Inspectors, assessing compliance with both health and safety requirements and with applicable permits. • Coordinating with the client as applicable on updates with project reporting, construction activities, material access and handling. Coordination with construction vendor, assessing adherence to schedule commitments, tracking completion of open defect items, confirming final completion and delivery. • Review of production installations to specifications. and assisting the client to help manage the project within budget and schedule timelines. TASK 4: CONSTRUCTION INSPECTION EN Communications will provide Construction Inspection ("Cl") services for the client as the network is constructed. EN Communications has assumed at least (1) one construction inspectors to start but may require additional count of inspectors. Our estimates include a single inspector every 4 construction crews as baseline. A construction crew is a collective of individuals with diverse skills and roles, working collaboratively to achieve the goals of a construction project. The size of a construction crew can vary widely depending on the scope, complexity, and duration of the project. However, a basic crew typically includes at least a few key members to cover essential roles. Page 17 Page 550 of 736 A construction crew is a group of workers who collaborate to complete physical construction tasks. Key aspects of their work include: • Drilling • Plowing • Handhole Placement • Pothole Validation • Fiber Placement • Restoration • Splicing • Building Entry • Aerial ADSS Placement • Aerial Strand and Lash Placement • MST Placement • Underground and Aerial Drop Placement These activities are essential for the forward progress of physical construction projects. EN Communications' construction inspectors will provide oversight to determine compliance with project specifications, safety and permitting requirements. In addition, EN Communications will provide quality review on installation and ground restoration in real time. All field data and information related to changes in the field, redline information will also be acquired and reviewed. In addition to these services, on -site inspection services provide field representation, to assist with oversight of crews in the field. • Field inspection services include the following: Real time inspection services, including compliance and specification review of installations. • Onsite assessment of installed quantities and installation quality assurance. • Review of compliance with safety standards including OSHA, city, county, and state requirements, review compliance of the National Electric Safety Code and permit -specific requirements. • Onsite review of fiber-optic testing (OTDR and power meter) and compliance. • Field level decision -making to minimize crew downtime. • Review accuracy of documentation including red lines, directional bore logs and daily production sheets. Scope Of Work for Project Coordinators Before start of each project Page 18 Page 551 of 736 • Create Basecamp folders. • Create project documents for inspectors. • Create project specific tracking documents: dailies, dashboard, production tracker, fiber tracker, and a drop tracker. • Create project specific dashboards. • Create process and procedures for production submittal and invoicing. • Meeting with contractors on tracking process and procedures. After project kick-off (Daily Production) • Review dailies/weekly packages and maps from contractor from original design. • Track approved units on production trackers. • Enter each SEQ number into a fiber tracker. • As -Build approved units on ArcGIS to reflect contractor redlines. • Label Basecamp when all production is complete. • Add all documents into Entrust SharePoint project folders. Weekly Dashboard for client use • Prepare project specific dashboard for client use. Monthly Invoicing • Call with billing staff to review production total (Bi-Weekly) • Labor/Drop Invoicing -Compare against the production tracker for approval. If any discrepancies the contractor will be notified to review and make revisions. • Review all packing slips/purchase orders against material invoices. • Enter all approved invoices (labor & material) into the consumption trackers/reports. • Material Invoicing -Compare against the BOM. If any discrepancies the contractor will be notified to review and make revisions. • Direct Cost invoices (if applicable) Page 19 E Page 552 of 736 Pricing The tasks outlined in the Scope above, will be performed on a monthly fixed price basis, excluding travel expenses that will be billed as incurred on a not -to -exceed basis, and invoiced as follows. Task(s)/Description Cost Task 1: Project Management $31,633 Task 2: Project Engineering Support $6,326 Task 3: Construction Management (Includes 1 in market Construction Manager/Inspector) $37,961 Task 4: Construction Inspection (Includes 1 in market Construction Inspector) (1 inspector per 4 construction crews) (Each contractor requires one inspector if multiple contractors) $27 192' Monthly Total $103,112 Estimated Monthly Travel Expenses (billed as incurred) $4,843 Monthly Total $107,955 'Additional inspectors billed at $27,192 per month. Page 110 E Page 553 of 736 Estimated Schedule Our proposed schedule for 2026 is as follows: Table 1 - Services Jan 2026 - Dec 2026 Billing Month/Year (Month #) Desc. PM PE CM CI Expenses Monthly Total January 2026 (Month 1) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955 February 2026 (Month 2) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955 March 2026 (Month 3) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955 April 2026 (Month 4) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955 May 2026 (Month 5) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955 June 2026 (Month 6) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955 July 2026 (Month 7) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955 August 2026 (Month 8) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955 September 2026 (Month 9) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955 October 2026 (Month 10) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955 November 2026 (Month 11) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955 December 2026 (Month 12) Month $31,633 $6,326 $37,961 $27,192 $4,843 $107,955 Cost Estimates through December 2026 $1,295,460 Client may terminate this order upon 30 days' notice to contractor if Client deems services are complete for the term listed above. Page 111 E Page 554 of 736 Signature & Acceptance Signature of this proposal by client warrants that all components of this proposal are accepted to the City of Waterloo and Water Fiber that the person(s) signing this proposal has the right power, and authority to execute the proposal. City of Waterloo By: Name: Title: Waterloo Fiber By: Name: Title: EN Engineering, LLC By: Name: Title: Page I12 g._,( David J. Klinnas Chief Engineer Page 555 of 736 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 December 1, 2025 AGENDA ITEM TITLE Resolution approving a Temporary Easement Agreement in the amount of $197.00 with Chatha Properties, LLC, located at 1008 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 Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION Resolution approving a temporary easement agreement in the amount of $197.00 with Chatha Properties, LLC, located at 1008 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 value of the temporary easement was based off 120 percent of the assessed value of the property per square foot. However, only ten percent of the full value is offered for the temporary easement because it expires. NEIGHBORHOOD IMPACT Reconstruction of the corridor would have a positive impact upon the surrounding commercial area, as the corridor was designed and built in the1960s. 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 ALTERNATIVE ACTION Page 556 of 736 LEGAL DESCRIPTION ATTACHMENTS 1. Temporary Easement Agreement Page 557 of 736 Prepared by Tim Andera, City of Waterloo, Waterloo, IA 50703. Phone (319) 291-4366 TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (the "Agreement") is entered into as of , 2025 by and between Chatha Properties, LLC. ("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, 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 onto 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 558 of 736 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. IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. {This area below intentionally left blank.} Page 559 of 736 IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. CHATHA PROPERTIES, LLC CITY OF WA IERLOO, IOWA By: Title: Pe /",ji i)AA-/7 By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF 1 DW fin. ) ) ss. 1316 C k 146 vvk COUNTY ) Acknowledged before me on /1I0(4/m/X1V /L/ , 2025, by 4 b O Plzaf ticvrf— of Chatha Properties, LLC. atif SARA GIENAU Commission Number 812902 MY CO MISSI'N EXPIRES q Z7 2a'Z7 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) as 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 Page 560 of 736 Exhibit "A" POWER POLE TO BE REMOVED BY OTHERS PROPOSED WATER; NAIN LPR218 CHATHA PROPERTIES LLC PARCEL ID: 891336402009 1008 LA PORTE RD -27 LE Driveway Extension ❑RIVEWAY/PAVEM.1E T REMOVAL PROPOSED TEMP. EASEMENT• • JJ • 41.0' EXISTING ROW ' 1 , POWER POLE TO BE - REMOVED BY OTHERS. GRAVEL FRONTAGE ROAD REMOVAL REMOVAL LA PORTE ROAD 12' X 8' Switchg ear 1 11 LEGEND RIGHT-OF-WAYIPRDPERTY LINES ACQUISTION LINES PERM. EASEMENT LINES TEMP. EASEMENT LINES PERMANENT ACQUISITION PERMANENT EASEMENT TEMPORARY EASEMENT AECOM ANY PAVEMENT REMOVED WILL BE REPLACED IN -KIND UNLESS OTHERWISE NOTED. PARCEL LPR21S PHASE 2 Public Impact Diagram CHATHA PROPERTIES LLC La Porte Road Reconstruction 11-13-25 Waterloo, Iowa 60136162 Page 561 of 736 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 December 1, 2025 AGENDA ITEM TITLE Resolution Resolution accepting and approving an Acquisition Contract and approving a Deed to sell real property to the City of Waterloo for a partial right-of-way acquisition, in the amount of $4,256.00, a Temporary Easement Agreement in the amount of $4,244.00, a total compensation amount of $8,500.00, with Steelsmith Properties, LLC, located at 1911 East Mitchell Avenue and 820 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 Trasmitted is a resolution approving and accepting an Acquisition Contract and approving a Deed to sell real property to the City of Waterloo for a partial right-of-way acquisition in the amount of $4,256.00, and a Temporary Easement Agreement in the amount of $1,744.00, with Steelsmith Properties, LLC, in the amount of $6,000.00, located at 1911 East Mitchell Avenue and 820 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 partial fee title acquisition will be land that is deeded to the city for the La Porte Road Phase II reconstruction project. The temporary easements are needed for utility improvements, grading, seeding, repaving, etc. Attached is an appraisal, which came to a value of $3,544.00 for the two acquisition requests from the property owner. While negotiating the price with the owner, staff felt the current offer amount was fair, with disruption to the site and they will be granting the city a temporary cross easement across their property for traffic flow. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 562 of 736 COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. v2 LPR219-220 TE with Access Easement Page 563 of 736 Prepared by Tim Andera, City of Waterloo, Waterloo, IA 50703. Phone (319) 291-4366 TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (the "Agreement") is entered into as of , 2025 by and between Steelsmith Properties, LLC ("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 $4,244.00, 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 Exhibits "A-1" and "A-2" 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, repaving, etc. (the "Improvements"). It is the intention of the parties that Grantee shall assume all responsibility for the construction of the Improvements adjacent to the Premises, and that Grantor shall have no liability relating to the Easement or the Improvements except as may arise from the Grantor's own negligent acts or omissions or willful misconduct. 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, 1 Page 564 of 736 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. Temporary Access Easement. Grantor will an unobstructed temporary access easement as depicted on attached Exhibit `B", across Properties LPR219 and LPR220 for the cross flow of vehicular traffic to access nearby businesses. IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. STEELSMITH PROPERTIES, LLC CITY OF WAILRLOO, IOWA Title: fitc-t-f,,.a„✓T_ STATE OF 2 & ss. COUNTY ) By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Acknowledged before me on 1 1 _ , 2025, by .45m ; as of Steelsmith Properties, LLC CIVIrrLet ti3OAt.: JANET L. HARRINGTON ° v , . Commission Number 830845 'Ow • My Commission Expires STATE OF IOWA BLACK HAWK COUNTY ) ) ss. 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 565 of 736 Exhibit "A-1" LPR2I9 STEEL SMITH PROPERTIES LLC PARCEL ID: 891336253010 1911 E MITCHELL AVE PROPOSED PERM. ACQUISITION TELEPHONE PEDESTAL - TO BE REMOVED BY OTHERS PROPOSED TEMP. EASEMENT PROPOSED TEMP. EASEMENT UHAL SIGN AND BOLLARDS REMAIN DRIVEWAY REMOVED EXISTING ROW REMOVE & REINSTALL MAILBOX BY CONTRACTOR GEND\ RIGHT-OF-WAY/PROPERTY LINES ACQUISTION LINES PERM. EASEMENT LINES TEMP. EASEMENT LINES PERMANENT ACQUISITION PERMANENT EASEMENT TEMPORARY EASEMENT GUY WIRE TO BE REMOVED BY OTHERS CURB & GUTTER AECOM POWER POLE TO BE REMOVED BY OTHERS o BOLLARDS REMOVAL POWER POLE TO BE REMOVED BY OTHERS 60.0' — —liri FRONTAGE ROAD REMOVAL LA PORTE ROAD iiit PROPOSED STORM SEWER PROPOSED WATER MAIN ANY PAVEMENT REMOVED WILL BE REPLACED IN -KIND UNLESS OTHERWISE NOTED. PARCEL LPR219 PHASE 2 Public Impact Diagram STEEL SMITH PROPERTIES LLC La Porte Road Reconstruction 04-10-25 Waterloo, Iowa 60736162 Page 566 of 736 Exhibit "A-2" PROTECT SIGN DRIVEWAY RELOACTION REMOVE BOLLARDS 1111111 LPR220 • STEEL SMITH PROPERTIES LLC • 'PARCEL ID:891336253007 820 LA PORTE RD TEMPORARY EASEMENT 2675 SF tr PROPOSED TEMP. EASEMENT k, �I PAVEMENT TO BE REMOVED & REPLACED PROPOSED WATER SERVICE r PROPOSED TEMP. EASEMENT -CURB & GUTTER 80.0' to TELEPHONE PEDESTAL 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 PROTECT SIGN EXISTING ROW DRIVEWAY REMOVED POWER POLE TO BE REMOVED BY OTHERS FRONTAGE ROAD REMOVAL `POWER POLE TO BE _REMOVED BY OTHERS ORTE ROAD PROPOSED STORM SEWER ANY PAVEMENT REMOVED WILL BE REPLACED IN -KIND UNLESS OTHERWISE NOTED. PARCEL LPR220 PHASE 2 Public Impact Diagram STEEL SMITH PROPERTIES LLC La Porte Road Reconstruction 04-10-25 Waterloo, Iowa 60736162 Page 567 of 736 k. • CLPR21� 4 STEELSMITH PROPERTIES LLC PARCEL ID: 891336253010 i• 11 1`• � 1911 E MITCHELL AVE \ \ \ \ -1 Rid 13 l\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ PROPOSED ACCE5 \ \ ���� AECOM 05-09-25 LPR2202) STEELSMITH PROPERTIES LLC i PARCEL_ ID: 891336253009 820 LA PORTE RD CLPR2211) KROGH, ROBERT C PARCEL ID: 891336253008 810 LA PORTE RD -7c ---\7-- \ \PROPOSED ACCESS Public Impact Diagram SHARED ACCESS AGREEMENT La Porte Road Reconstruction Waterloo, Iowa LPR2222) PEBBLE HILL LLC 4p PARCEL ID:8913362530067, CITY OF WATERLOO PARCEL ID: 891336253035 f THE BOWLERS GROUL II LLC PARCEL ID:891336253003 '700 LA PORTE RD 714 LA PORTE RD •�\ \ \ \ \ \ 14, R PO OSED ACCESS� \ \ I� �� I3 LiL 60736162 (LPR224) THE BOWLERS GROUL II LLC PARCEL ID: 891336253002 650 LA PORTE RD Exhibit "B" Page 568 of 736 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 December 1, 2025 AGENDA ITEM TITLE Resolution approving an Amendment to the Development Agreement with Dhani RE Investments, LLC, originally approved on July 7, 2025, regarding property located at 512 North Barclay, to change the purchase price of the property from $15,000.00 to $5,000.00, and authorizing the Mayor and City Clerk to execute said document. RECOMMENDED COUNCIL ACTION Approval SUMMARY STATEMENT AND BACKGROUND INFORMATION The applicant originally bid $15,200 for the property; however, there were no other bidders, and the applicant has requested that the bid be reduced to $5,000 due to the estimated cost of the rehabilitation. There were no other bidders on this request; therefore, if the amendment of the development agreement is not approved, the applicant may pull out, which would cause the city to have to pay to demolish the structure. NEIGHBORHOOD IMPACT This request will not have a negative impact on the neighborhood and, in fact, will improve the neighborhood as a dilapidated house will be renovated. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION Page 569 of 736 LEGAL DESCRIPTION AUDITOR FRANCIS ROSE HILL PLAT LOT 5 N 40 FT W 10 FT LOT 7 ATTACHMENTS 1. First Amendment to DA - 512 N Barclay_ (002) Page 570 of 736 Prepared by Austin J. McMahon, Lange & McMahon, PLC, 222 1st St. E., Independence, IA 50644 319-334-4488 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to Development Agreement (the "Amendment") is entered into as of , 2025 by and between Dhani RE Investments LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement, presented to City Council on or about July 7, 2025, approved by City Council by Resolution No. 2025-387, and dated July 7, 2025 (the "DA"). B. The parties desire to amend the DA as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Section 1 of the DA is hereby amended to delete the term "$15,000.00" and to substitute in its place the term "$5,000.00," thereby amending the purchase price of the Property from $15,000.00 to $5,000.00. 2. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. This Amendment may be executed in multiple counterparts. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] Page 571 of 736 Page 2 CITY OF WATERLOO, IOWA DHANI RE INVESTMENTS LLC By: By: Quentin M. Hart, Mayor Arp Patel, Managing Member Attest: Kelley Felchle, City Clerk Page 572 of 736 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 December 1, 2025 AGENDA ITEM TITLE Resolution approving a Development Agreement with New Era Rentals, LLC, for the rehabilitation of the home at 1303 W. 4th Street located in the Church Row Neighborhood, including a 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 New Era Rentals has rehabbed the home at 1303 W 4th Street and returned it to a single-family owner -occupied home. The property is located within the Church Row Neighborhood, therefore New Era Rentals is requesting a $7,500 grant for rehabilitation of the home. The project has added a renovated owner -occupied home to the historic Church Row Neighborhood and therefore contributes to the Elevate Housing Initiative approved by the City Council. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Infill Housing bonds ALTERNATIVE ACTION LEGAL DESCRIPTION The Northwesterly 60 feet of Lot 5 in Block 1 in Cole's Addition to Waterloo, Iowa. Page 573 of 736 ATTACHMENTS 1. Development Agreement - New Era Rentals LLC - Signed Page 574 of 736 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 New Era Rentals, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. Company is willing and able to finance certain improvements or rehabilitation ("Improvements" or "Project") as provided in this Agreement on certain property that is addressed as 1303 W 4t" Street and is legally described in "Exhibit A" (referred to as the "Property"). B. City considers infill residential development or rehabilitation 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. The Company, at its own cost and expense, shall rehabilitate or construct a single-family dwelling on the Property 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. Page 575 of 736 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. 2. Timeliness of Improvements; Unavoidable Delays. 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. Subject to Unavoidable Delays (defined below), Company must obtain all applicable permits and Substantially Complete the Improvements within fourteen (14) months from the date of this Agreement. The term "Substantially Complete" means that the Improvements have been completed to the extent required or necessary in order for the City to issue a certificate of occupancy relating thereto and the City has verified that Improvements or 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 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. C. Unavoidable Delays. 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, inclement weather, winter conditions, 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. 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 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 attorney's fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 4. City Incentives. A. Rehabilitation Incentive. City will pay a rehabilitation incentive to Company in the amount of $7,500.00 within six (6) months of the substantial completion of the I mprovements. 5. Utilities. To the extent applicable, Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street 2 Page 576 of 736 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 Improvements or Project, whether in whole or in part, to any other person or entity without the prior written consent of City, which said consent may be provided by the City's Community Planning and Development Director. 8. Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Until the Improvements have been Substantially Completed, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. B. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same, or where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. 3 Page 577 of 736 B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 11. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Target Property, or this Agreement, without the prior written consent of City, except as expressly authorized by this Agreement; C. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; D. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay 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 4 Page 578 of 736 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 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. 5 Page 579 of 736 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 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, Name of Contact: Address: Chad Shipman 215 E 4th St, Waterloo, IA 50703 6 Page 580 of 736 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. 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 7 Page 581 of 736 CITY OF WATERLOO, IOWA NEW ERA RENTALS, LLC By: By: Quentin Hart, Mayor Ibr Name: ClAc, 91-tri6-\ Attest: Title: Kelley Felchle, City Clerk 8 Page 582 of 736 EXHIBIT A Description of Property The Northwesterly 60 feet of Lot 5 in Block 1 in Cole's Addition to Waterloo, Iowa. Locally Known As: 1303 W 4th St, Waterloo, Iowa 50702 Parcel No.: 891326359005 Page 583 of 736 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 December 1, 2025 AGENDA ITEM TITLE Resolution accepting and approving an Acquisition Contract and approving a Deed to Convey Real Property to the City of Waterloo, for a Partial Right -of -Way Acquisition dContract in the amount of $1,308.00; a Permanent Easement Agreement in the amount of $5,799.00, and a Temporary Easement Agreement in the amount of $786.00, for a total compensation amount of $7,893.00, with Metro Investments Waterloo, LLC, for the property located at 1326 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 resolution to approve accepting an Acquisition Contract and approving a deed to convey real property to the City of Waterloo for a partial right-of-way acquisition in the amount of $1,308.00; a permanent easement agreement in the amount of $5,799.00; and a temporary easement agreement in the amount of $786.00, for a total compensation amount of $7,893.00, for the property located at 1326 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 purpose of the acquisition is to provide the required amount of space between the new recreational trail and right-of-way line. The permanent easement is needed for the installation and future maintenance of underground electrical, along with a new fuse box, and the temporary easement is needed for grading, reseeding, etc. NEIGHBORHOOD IMPACT Reconstruction of the corridor would have a positive impact upon the surrounding commercial area, as the corridor was designed and built in the1960s. The redesigned corridor will have underground utilities and streetscaping. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 584 of 736 COMMUNITY ENGAGEMENT METHODS Property owners along the corridor have been invited to multiple public information meetings. SOURCE OF EXPENDITURES Crossroads TIF ALTERNATIVE ACTION LEGAL DESCRIPTION PERMANENT EASEMENT LEGAL DESCRIPTION: PART OF THE WEST 67.00 FEET OF THE EAST 100.00 FEET OF THE NORTH 5 ACRES OF THE SOUTH 10 ACRES OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 2 OF SUNKIST ADDITION; THENCE NORTH 89°31'59" WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 1.30 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°31'59" WEST ALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 5.00 FEET; THENCE NORTH 00°41'10" WEST, 128.98 FEET; THENCE NORTH 89°47'46" WEST, 13.00 FEET; THENCE NORTH 00°41'10" WEST, 8.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE; THENCE SOUTH 89°47'46" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE, 18.00 FEET; THENCE SOUTH 00°41'10" EAST, 137.00 FEET TO THE POINT OF BEGINNING. CONTAINING 789 SQUARE FEET RIGHT-OF-WAY ACQUISITION LEGAL DESCRIPTION: PART OF THE WEST 67.00 FEET OF THE EAST 100.00 FEET OF THE NORTH 5 ACRES OF THE SOUTH 10 ACRES OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 2 OF SUNKIST ADDITION; THENCE NORTH 89°31'59" WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 1.30 FEET; THENCE NORTH 00° 41'10" WEST, 137 .00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE; THENCE SOUTH 89° 47'46" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE, 1.30 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF LA PORTE ROAD; THENCE SOUTH 00° 41'10" EAST ALONG THE WESTERLY RIGHT-OF-WAY LINE OF LA PORTE ROAD, 137.01 FEET (137.00 FEET RECORD) TO THE POINT OF BEGINNING. CONTAINING 178 SQUARE FEET. ATTACHMENTS 1. Acquisition Contract 2. Permanent Easement Agreement Page 585 of 736 3. Temporary Easement Agreement Page 586 of 736 ACQUISITION CONTRACT Parcel No.: 8913-36-408-012 - Metro Investments Waterloo, LLC PROJECT: La Porte Road Reconstruction Protect (HDP-8155(7871--71-071 THIS ACQUISITION CONTRACT (the "Contract") is made and entered info as of 2024 by and between Metro Investments Waterloo, LLC ("Seller"), and City of Waterloo, Iowa, ("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate interests (the "Property"), described as: See attached Exhibit "A", in the City of Waterloo, Black Hawk County, Iowa. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller may surrender possession of the Property or any port thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer of (319) 291-4366. 3. The Purchase Price shall be $ 1,308.00 (See Attached Exhibit "B"). The Purchase Price shall be due and payable in full of closing, to be delivered 10 the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur at a mutually agreeable date and time within sixty (60) days after the date this Contract is approved by the city council, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cons, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against any expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: fat Black Hawk County, Iowa, for taxes. fbj Unknown until completion of abstract continuation 7. Buyer moy include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title, continued by the Buyer, to a date within thirty (30) days before the closing date, showing merchantable title io the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Buyer agrees to pay costs of abstract continuation, or creation, as necessary. Buyer agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Contract. 8. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of This Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of low or acts of the Seller. 9. Seller agrees to keep properly hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shaft notify all insurance companies of this Contract. In case of loss or destruction of port or all of the Property from causes covered by the insurance, Seller agrees to accept the bump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Sellers rights under such insurance contract. 10. The Seiler has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain Page 587 of 736 to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to §1033 of the Internal Revenue Code. 11 This Contract shall become effective only upon the occurrence of each of the following two events: {aj acceptance and approval of the Contract by the City Council of the City of Waterloo, and {bj the environmental clearance of the Property in accordance with Phase 1 site assessment and recommended subsequent activities. Within 30 days after Seller's execution of this Contract, Seller shall disclose to Buyer all contamination of the Property by hazordous wastes and/or substances of which Seller has knowledge. 12. This Contract, togetherwith the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified onty in a writing signed by both ponies. Time is of the essence of This Contract. WHEFORE, the parties have ntered this quisition Contract as of the dale first set forth above. Metro Investmen ss Waterloo, LLC SELLER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWK COUNTY, ss: Ack owledged before me on kill het It / U % 26 by(fh' X - &674 as [Metro lnvestm 4 e6440 TIM ANDERA z - COMMISSION NO. 772518 * '�" * MY COMMISSION EXPIRES rows APRIL 11, 2027 APP Not T Public City Planning Staff l(9.�.�s {Date) APPROVED BY: ATTEST: (Mayor) {City Clerk) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss: Acknowledged before me on by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 Page 588 of 736 INDEX LEGEND Exhibit "A" LOCATION: PART OF THE NW SE SECTION 36-89- 13W REQUESTOR: CITY OF WATERLOO, IOWA PROPRIETOR; LAPORTE R 6 LLC SURVEYOR: MICHAEL R. EAGLE SURVEY PREPARED BY: RESPOND TO: AECOM 501 SYCAMORE STREET, SUITE 222 WATERLOO. IOWA 50703 PHONE 319-232-6531 MIKE.FAGLE@AECOM.COM ACQUISITION PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: METRO INVESTMENTS WATERLOO LLC COUNTY 1326 LA PORTE RD WATERLOO, IA 50703 PROJECT PARCEL : 213 PARCEL: 891336408014 LORRAINE AVENUE (60) S89°47'46°E —FND. PINCH PIPE 1.30' AQUISITION CONTAINS 178 SF CF;.0JECT) RCEL2 S'LY R-O-W UNE J 500°41'10"E 137.01' (137.00') PART OF THE W. 67' OF THE E. 100' OF THE N, 5 ACRES OF THE S. 10 ACRES OF THE NW. 114 OF THE SE. 1/4 OF SECT. 36, T89N, R13W OF THE 5TH P.M. N00°41'10'W 137.00' • W'LY R-O-W LINE 121 O POR I: N N'LY LINE SUNKIST ADDITION IX Q••N69°31'54"W Q 1.30' ..-7 rn LEGEND: +: f�q4"'s ,r.. •• .'= ti 'Y rtr-a: °asps Ito1Cy c..y VattNs Lard Sn41-g dcvr�t xat woad 6y rrx rr vcrer rrye,Ectl~rsvtgs_.�L 1n1 rt tl a'na day tlars.i tasd S.n'�ycr u-c4r the lam cl the Stead Lza. • PARCEL OR LOT CORNER MONUMENT FOUND 0SET 112° x 24° RE w/YELLOW PLASTIC N ID CAP #8505 = - .`- '.. IOWA ." °' • KCHAELH.FAGLE uaca lkErser:,,, , ssas 01 Icr..sere:Eh-q dale H011 -,,31. 2016 Pales Lrs as CP.Feed G'/Ih.= stA SHEET 1 0P 1 & SHEET 2 9r 2 500°16'36.9'W126,11' MEASURED DIMENSION 12.00'1 RECORD DIMENSION SCALE IN FEET 0 40 80 REFERENCE DOCUMENT 2016-016992 J. :cam 1'r=40' SHEET 1 OF 2 Pa e 589 of 736 Exhibit "A" Continued ACQUISITION PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: METRO INVESTMENTS WATERLOO LLC COUNTY PARCEL: 891336408014 1326 LA PORTE RD WATERLOO, ;A 50703 PROJECT PARCEL : 213 DESCRIPTION: RIGHT-OF-WAY ACQUISITION PROJECT PARCEL 213 PART OF THE WEST 67,00 FEET OF THE EAST 100.00 FEET OF THE NORTH 5 ACRES OF THE SOUTH 10 ACRES OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 2 OF SUNKIST ADDITION: THENCE NORTH 89°31'59" WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 1.30 FEET; THENCE NORTH 00541'10" WEST, 137.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE: THENCE SOUTH 89547'46" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE, I,30 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF LA PORTE ROAD; THENCE SOUTH 00'41'10" EAST ALONG THE WESTERLY RIGHT-OF-WAY LINE OF LA PORTE ROAD, 137.01 FEET (137.00 FEET RECORD) TO THE POINT OF BEGINNING. CONTAINING 178 SQUARE FEET. A COM SHEET 2 OF 2 Pac e 590 of 736 Fee title acquisition EXHIBIT "B" Square Feet Price 178 $1,308.00 TOTAL $1,308.00 3 Page 591 of 736 Prepared by Tim Andera, City of Waterloo, 715 Mulberiy 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 Metro Investments Waterloo, LLC ("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 $5,799.00, 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 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 592 of 736 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. METRO INVESTMENTSWATF tLOO, LLC CITY OF WATERLOO, IOWA By: Title: OW rvt�� Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF AAA ) )ss. : / kJOUNTY} Acknowledged before me on ,4 ),t / , 2025, by . as &ej/t a- of Metro Inver ents, L TIM ANDERA COMMISSION NO. 772518 MY COMMISSION EXPIRES APRIL 11, 2027 STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Notary Public 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 593 of 736 EXHIBIT "A" Legal Description DESCRIPTION: PERMANENT EASEMENT PROJECT PARCEL 213 PART OF THE WEST 67.00 FEET OF THE EAST 100.00 FEET OF THE NORTH 5 ACRES OF TFIE SOUTH 10 ACRES OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSI-IIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 2 OF SUNKIST ADDITION; THENCE NORTH 89°31'59" WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 1.30 FEET TO TI IE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°31'59" WEST ALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 5.00 FEET; THENCE NORTH 00°41' 10" WEST, 128.98 FEET; THENCE NORTH 89°47'46" WEST, 13.00 FEET; THENCE NORTH 00°41' 10" WEST, 8.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE; THENCE SOUTH 89°47146" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE, 18.00 FEET; THENCE SOUTH 00°41' 10" EAST, 137.00 FEET TO THE POINT OF BEGINNING. CONTAINING 789 SQUARE FEET. 3 Page 594 of 736 PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: METRO INVESTMENTS WATERLOO LLC COUNTY 1326 LA PORTE RD WATERLOO, IA 50703 PROJECT PARCEL : 213 Exhibit "B" PARCEL: 891336408014 1 11111 1 OF 2 LORRAINE AVENUE (601 S89°47'46"E 18.00' N80°31'59°W 1.30' PART OF THE W. 67' THE N. 5 ACRES OF THE THE NW. 1/4 OF SECT. 36, T89N, R13W PERMANENT EASEMENT CONTAINS 789 SF S'LY R-O-W-1 S00°41'10"E 137.00' -POC LINE N00°41'10"W 8.00' N89°47'46' W 13.00' N00°41'10'W 128.98' N'LY LINE CROJECTTRCEL213 OF THEE 100' OF S. 10 ACRES OF THE SE. 1/4 OF OF THE 5TH P.M. co A=COM N N89°31'59°W 5.00' PO8 SUNKIST ADDITION CI N89°31'59'W 0 1.30' IX W I— cr Cl- S00°16'36.9"W REFERENCE 2016-016992 LEGEND: 0 PARCEL OR LOT CORNER MONUMENT FOUND 126.11' MEASURED DIMENSION (200') RECORD DIMENSION SCALE IN FEET 0 40 80 DOCUMENT 1„=40' SHEET Pag 595 of 736 Exhibit "B" Continued PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: METRO INVESTMENTS WATERLOO LLC COUNTY PARCEL: 891336408014 1326 1A PORTE RD WATERLOO. IA 50703 PROJECT PARCEL : 213 DESCRIPTION: PERMANENT EASEMENT PROJECT PARCEL 213 PART OF THE WEST 67.00 FEET OF THE EAST 100.00 FEET OF THE NORTH 5 ACRES OF THE SOUTH 10 ACRES OF THE NORTHWEST 114 OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 2 OF SUNKISTADDITION; THENCE NORTH 89°31'59" WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION} ALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 1.30 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°31'59" WEST ALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 5.00 FEET; THENCE NORTH 00°41'10" WEST, 128.98 FEET; THENCE NORTH 89°47'46" WEST, 13,00 FEET; THENCE NORTH 00°41'10" WEST, 8.00 FEET TOTHE SOUTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE; THENCE SOUTH 89°47'46" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE, 18.00 FEET; THENCE SOUTH 00°41'10" EAST, 137.00 FEET TO THE POINT OF BEGINNING. CONTAINING 789 SQUARE FEET. AECOM SHEET 2 OF 2 Pac e 596 of 736 Prepared by Tim Andera, City of Waterloo, Waterloo, IA 50703. TEMPORARY EASEMENT AGREEMENT Phone (3 t 9) 291-4366 This Temporary Easement Agreement (the "Agreement") is entered into as of , 2025 by and between Metro Investments Waterloo, LLC. ("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 $786.00, 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 access (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 597 of 736 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. IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. METRO INVESTMENTS WATERLOO, LLC CITY OF WATERLOO, IOWA By: Title: 6 J By: Quentin M. Hart, Mayor Attest: STATE OF Ak..tp¢ ) ) ss. COUNTY ) Kelley Felchle, City Clerk 044.A/63,20, ?. -4 -'7v Acknowledged before me on4,6/-a't /f , 2025, by as w02 of Metro Investments Waterloo, L ,0"' TIM ANDERA r COMMISSION NO. 772518 *irrmrn * MY COMMISSION EXPIRES rows APRIL 11, 2027 STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Notary Public 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 Page 598 of 736 Exhibit "A" is i ..v PERMANENT PERMANENT TEMPORARY ACQUISITION EASEMENT EASEMENT I le 178 SF _II 789 SF 1070 SF,; A." PROPOSED TEMP. EASEMENT j+ OPOSED TEMP. EASEMENT LPR2I3 METRO INVESTMENTS WATERLOO LLC PARCEL ID: 891336408014 1326 LA PORTE RD 137.0' PROPOSED PERM. ACQUISITION 1,.„......,,...,_.,____ LA PORTE ROAD PROPOSED STORM SEWER 0 20 FEET 1 LEGEND RIGHT-OF-WAY/PROPERTY LINES ACQUISTION LINES PERM. EASEMENT LINES TEMP. EASEMENT LINES PERMANENT ACQUISITION PERMANENT EASEMENT TEMPORARY EASEMENT AECOM 04-10-25 EXISTING ROW 3'X 6' PE POWER POLE TO BE REMOVED BY OTHERS POWER POLE TO BE REMOVED BY OTHERS w > cc a: o � J � POWER POLE TO BE REMOVED BY OTHERS PROPOSED PERM. EASEMENT ANY PAVEMENT REMOVED WILL BE REPLACED IN -KIND UNLESS OTHERWISE NOTED. PARCEL LPR213 PHASE 2 Public Impact Diagram METRO INVESTMENTS WATERLOO LLC La Porte Road Reconstruction Waterloo, Iowa 50736162 Page 599 of 736 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 December 1, 2025 AGENDA ITEM TITLE Resolution approving a Temporary Easement Agreement in the amount of $715.00 with Metro Investments Waterloo, LLC, located at 1329 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 Approval. SUMMARY STATEMENT AND BACKGROUND INFORMATION Transmitted is a resolution approving a temporary easement easement in the amount of $715.00 with Metro Investments Waterloo, LLC, located at 1329 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 easement is for utility improvements, regrading, reseeding, etc. NEIGHBORHOOD IMPACT Reconstruction of the corridor would have a positive impact upon the surrounding commercial area, as the corridor was designed and built in the1960s. 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 LEGAL DESCRIPTION Page 600 of 736 ATTACHMENTS 1. Temporary Easement Agreement Page 601 of 736 Prepared by Tim Andera, City of Waterloo, Waterloo, IA 50703. Phone (319) 291-4366 TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (the "Agreement") is entered into as of , 2025 by and between Metro Investments Waterloo, LLC. ("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 $715.00, 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 access (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 Privilezes. 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 602 of 736 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. IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. METRO INVESTMENTS WATERLOO, LLC CITY OF WATERLOO, IOWA By: (:v7LV ,_-- z Title: STATE OF /de..cig d ,`"`� i TIM ANDS A COMMISSION NO. 772518 MY COMMISSION EXPIRES APRIL 11, 2027 STA I b OF IOWA ) ss. BLACK HAWK COUNTY ) ) ss. COUNTY) By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Acknowledged before me on /Y' , 2025, by 44.0 L - of Metro Investments Waterloo, Notary P as 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 Page 603 of 736 Exhibit "A" POWER POLE TO BE REMOVED BY OTHERS 59.1' GRAVEL DRIVEWAY REMOVAL LA PORTE ROAD REMOVE & REINSTALL MAILBOX BY CONTRACTOR 3 \ / CLPR21 I-) EXISTING ROW 184.0' LIGHT POLE PROPOSED TMEP. EASEMENT POWER POLE TO BE y REMOVED BY OTHERS TEMPORARY EASEMENT) 1490 SF METRO INVESTMENTS WATERLOO LLC PARCEL ID: 891336476018 1329 LA PORTE RD I I C LEGEND RIGHT-OF-WAY/PROPERTY LINES ACQUISTION LINES PERM. EASEMENT LINES TEMP. EASEMENT LINES PERMANENT ACQUISITION PERMANENT EASEMENT TEMPORARY EASEMENT AECOM 04-10-25 PROPOSED WATER MAIN- -- -- LIGHT POLE PROTECT SIGN ANY PAVEMENT REMOVED WILL BE REPLACED IN -KIND UNLESS OTHERWISE NOTED. Public Impact Diagram METRO INVESTMENTS WATERLOO LLC La Porte Road Reconstruction Waterloo, Iowa 6073E162 PARCEL LPR211 PHASE 2 Page 604 of 736 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 December 1, 2025 AGENDA ITEM TITLE Resolution accepting and approving an Acquisition Contract and approving a Deed to convey real property to the City of Waterloo for a partial right-of-way acquisition in the amount of $3,315.00; a Permanent Easement Agreement in the amount of $12,282.00; and a Temporary Easement Agreement in the amount of $465.00; removal of pavement in the amount of $9,626.00, for a total compensation amount of $25,688.00, with Metro Investments Waterloo, LLC, for the property located at 1328 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 resolution to approve accepting an acquisition contract and approving a deed to convey real property to the City of Waterloo for a partial right-of-way acquisition in the amount of $3,315.00; a permanent easement agreement in the amount of $12,282.00; and a temporary easement agreement in the amount of $465.00; removal of pavement in the amount of $9,626.00, for a total compensation amount of $25,688.00, with Metro Investments Waterloo, LLC, for the property located at 1328 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 purpose of the acquisition is to provide the required amount of space between the new recreational trail and right-of-way line. The permanent easement is needed for the installation and future maintenance of underground electrical, and the temporary easement is needed for grading, reseeding, etc. The driveway onto Easton Avenue is being closed due to it being too close to the intersection at La Porte Road, and there is going to be grade changes to Easton Avenue too. NEIGHBORHOOD IMPACT Reconstruction of the corridor would have a positive impact upon the surrounding commercial area, as the corridor was designed and built in the1960s. The redesigned corridor will have underground utilities and streetscaping. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 605 of 736 COMMUNITY ENGAGEMENT METHODS Property owners along the corridor have been invited to multiple public information meetings. SOURCE OF EXPENDITURES Crossroads TIF. ALTERNATIVE ACTION LEGAL DESCRIPTION PERMANENT EASEMENT LEGAL DESCRIPTION: PART OF LOTS 1 AND 2 OF SUNKIST ADDITION, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE NORTH 89°31'59" WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 3.40 FEET; THENCE NORTH 00°41'10" WEST, 132.53 FEET TO THE NORTHERLY LINE OF SAID LOT 2; THENCE SOUTH 89°31'59" EAST ALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 3.40 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 2; THENCE SOUTH 00°41'10" EAST ALONG THE EASTERLY LINE OF SAID LOTS 2 AND 1, A DISTANCE OF 132.53 FEET (132.20 FEET RECORD) TO THE POINT OF BEGINNING. CONTAINING 451 SQUARE FEET LEGAL DESCRIPTION OF RIGHT-OF-WAY ACQUISITION: PART OF LOTS 1 AND 2 OF SUNKIST ADDITION, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE NORTH 89°31'59" WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 3.40 FEET; THENCE NORTH 00°41'10" WEST, 132.53 FEET TO THE NORTHERLY LINE OF SAID LOT 2; THENCE SOUTH 89°31'59" EAST ALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 3.40 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 2; THENCE SOUTH 00°41'10" EAST ALONG THE EASTERLY LINE OF SAID LOTS 2 AND 1, A DISTANCE OF 132.53 FEET (132.20 FEET RECORD) TO THE POINT OF BEGINNING. CONTAINING 451 SQUARE FEET. ATTACHMENTS 1. Acquisition Contract 2. Permanent Easement Agreement 3. Temporary Easement Agreement Page 606 of 736 ACQUISITION CONTRACT Parcel No.: 8913-36-408.013 Metro Investments Waterloo, LLC PROJECT: La Porte Road Reconstruction Protect (HDP-6155(787)--71-071 THIS ACQUISITION CONTRACT (the "Contract") is made and entered into as of 2025 by and between Metro Investments Waterloo, LLC ("Seiler"), and City of Waterloo, Iowa, ("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate interests (the "Properly"), described as: See attached Exhibit "A", in the City of Waterloo, Block Hawk County, Iowa. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and at advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer fen (10) days notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 3,315.00 (See Attached Exhibit "B"). The Purchase Price shall be due and payable in full at dosing, io be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur al a mutually agreeable date and lime within sixty (60) days atter the date this Contract is approved by the city council, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing dale, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against any expenses that Buyer agrees to reimburse 10 Seller under this Contract. 5. Seller warrants that there are no tenants on the Property except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (a) Black Hawk County, Iowa, for taxes. fb) Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title, continued by the Buyer, 10 a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Buyer agrees to pay costs of abstract continuation, or creation, as necessary. Buyer agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Contract. 8. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the lime of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. Setter agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of port or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and io endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 10. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain Page 607 of 736 as to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have This transaction qualify as an involuntary conversion pursuant to §1033 of the Internal Revenue Code. 11. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Woterloo, and (b) the environmental clearance of the Property in accordance with Phase 1 site assessment and recommended subsequent activities. Within 30 days after Seller's execution of this Contract, Seller shall disclose to Buyer all contamination of the Properly by hazardous wastes and/or substances of which Seller hos knowledge. 12. This Contract, togetherwith the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. 'Time is of the essence of this Contract. WHEREFORE, the parties have entered this Arisition Contract as of the date first set forth above. M to Inves men a erloo, LLC SELLER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWK COUNTY, ss: Acknowledged before me on440 /r /? 4t , by etro �* a 1i s, L��-TIM ANDERA COMMISSION NO. 77251' MY COMMISSION EXPIRE' APRIL 11, 2021 Public APPROVAL RECOMMENDED BY: City Planning Staff (Date) APPROVED BY: ATTEST: (Mayor) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss: (City Clerk) Acknowledged before me on by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 Page 608 of 736 INDEX LEGEND "A" LOCATION: PART OF LOTS 1 AND 2 SUNKIST ADDITION Exhibit REQUESTOR; CITY OF WATERLOO, IOWA PROPRIETOR: LAPORTE R E LLC SURVEYOR: MICHAEL R. EAGLE SURVEY PREPARED BY: RESPOND TO: AECOM 501 SYCAMORE STREET, SUITE 222 WATERLOO, IOWA 50703 PHONE 319-232-6531 M IKE,FAGLE@AECOM.COM ACQUISITION LA PORTE ROAD RECONSTRUCTION WATERLOO, OWNER: METRO INVESTMENTS WATERLOO LLC 1328 LA PORTE RD WATERLOO, IA 50763 PROJECT PLAT PROJECT HDP-8155(786)--71-07 IOWA • COUNTY PARCEL : 212 N'LY LINE PARCEL: 891336408015 589°31'59"E 3.40' AQUISITION CONTAINS 451 SF PROJECT PARCEL 212 Cal N00°4I'10'W 132.53' � S00°41'10"E 132.53' (132.20') m SUNKIST ADDITION E'LY LINE in Q 0 [: POB W S'LYLINE-14 EASTON AVENUE (66') CC N89°31'59°W O eL 3.40' LEGEND: ......,, =`4 .....-,y f�>., •?:' - F J e IrlcasLc e. '; P s t I eveSlcc ,ytrartrdstzr.15.,i2yi,3 exuTxdsaipetzrriLyITecru-,x rrycect r-rscr, w,eM?cn a-.s Ihatlama e5)Ucer.s..1 La--0snE}cr -der Lt2 is'+.s r.9te 59atecr Eat., --- • PARCEL OR LOT CORNER MONUMENT FOUND O SET 1R" x 24n RERAR wrYELLOW PLASTIC ID CAP 48505 500°41'10"0 132.53' - 2505 9365 - 6 - '..455'.•.••.•..: ¢'' bWP ' N. KCHan IAGLE Date tken:e Di-rt2r 8505 I{/k,.rc*enJeeteisDece+-tall. 10zh Pz;csu 5,s?3 ca..,4 b2 11.Y sect SHEET L OF 2 0 SHEET 2 Of 2 MEASURED DIMENSION (1S0'j RECORD DIMENSION SCALE IN FEET pn O 40 80 REFERENCE DOCUMENT 2016-016992MEM - a=coM 1"=40' SHEET 1 OF 2 Pa e 609 of 736 Exhibit "A" Continued ACQUISITION PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786).-71-07 WATERLOO, IOWA OWNER: METRO INVESTMENTS WATERLOO LLC COUNTY PARCEL: 891336408015 7328 LA PORTE RD WATERLOO, EA 513703 PROJECT PARCEL : 212 DESCRIPTION: RIGHT-OF-WAY ACQUISITION PROJECT PARCEL 212 PART OF LOTS 1 AND 2 OF SUNKIST ADDITION, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE NORTH 89°31'59" WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE SOUTHERLY LINE OF SAID LOT 1. A DISTANCE OF 3.40 FEET; THENCE NORTH 00'41'10" WEST, 132,53 FEET TO THE NORTHERLY LINE OF SAID LOT 2; THENCE SOUTH 89°31'59" EAST ALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 3.40 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 2; THENCE SOUTH 00°41'10" EAST ALONG THE EASTERLY LINE OF SAID LOTS 2 AND 1, A DISTANCE OF 132.53 FEET (132.20 FEET RECORD)TOTHE POINT OF BEGINNING. CONTAINING 451 SQUARE FEET. A=COM SHEET 2 OF 2 Pao e 610 of 736 Fee title acquisition EXHIBIT "B" Sauare Feet Price 451 $3,315.00 TOTAL $3,315.00 3 Page 611 of 736 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 Metro Investments Waterloo, LLC ("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 $12,282.00, 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 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. 1 Page 612 of 736 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 patties. 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. METRO INVESTMENTS WATERLOO LC CITY OF WATERLOO, IOWA By: Title: } V— STATE OF AZ,04 ss. COUNTY) Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Acknowledged before me on/6/9 /V , 2025, by a.s feltr s - of Metco I�estme �t""L. aT IM ANUERA ° i COMMISSION NO. 772518 MY COMM RSS IONcEXPIRES AP 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 613 of 736 EXHIBIT "A" Legal Description PART OF LOTS 1, 2 AND 3 OF SUNKIST ADDITION, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE NORTH 89°31'59" WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE SOUTHERLY LINE OF SAID LOT I, A DISTANCE OF 3.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°31'59" WEST ALONG THE SOUTHERLY LINE OF SAID LOTS 1 AND 3, A DISTANCE OF 173.12 FEET; THENCE NORTH 00°28'01" EAST, 6.00 FEET; THENCE SOUTH 89°31'59" EAST, 168.00 FEET; THENCE NORTH 00°41' 10" WEST, 126.53 FEET TO THE NORTHERLY LINE OF SAID LOT 2; THENCE SOUTH 89°31'59" EAST ALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00°41'10" EAST, 132.53 FEET TO THE POINT OF BEGINNING. CONTAINING 1,671 SQUARE FEET. 3 Page 614 of 736 Exhibit "B" PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: METRO INVESTMENTS WATERLOO LLC COUNTY PARCEL: 801336408015 1328 LA PORTE RO WATERLOO, IA50703 PROJECT PARCEL : 212 S69°31'59"E 5.00' N'LY LINE \ S00°41'10'E 132,53' PERMANENT EASEMENT CONTAINS 1671 Sf N00°41'I0"W 126,53' PROJECT PARCEL212 r'l os SUNKIST ADDITION N00'28'01'E S89.31'59'E 6.00' 168.00' 0 POC L1.1 /f t S'LYLINEJ P08 N89°31'59"W 0_ N8991'59"W 3.40' 173.I2' EASTON AVENUE (66') LEGEND: • PARCEL OR LOT CORNER MONUMENT FOUND lki 500°41'10"E 132.53' MEASURED DIMENSION (150') RECORD DIMENSION SCALE IN FEET 0 40 80 DOCUMENT REFERENCE 2016-016992 A;COM 1"=40' SHEET 1 OF 2 Pa e 615 of 736 Exhibit "B" Continued PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71.-07 WATERLOO, IOWA OWNER: METRO INVESTMENTS WATERLOO LLC COUNTY PARCEL: 891336408015 1328 LA PORTE RO WATERLOO, !A 50703 PROJECT PARCEL : 212 DESCRIPTION: PERMANENT EASEMENT PROJECT PARCEL 212 PART OF LOTS 1, 2 AND 3 OF SUNKIST ADDITION, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE NORTH 89°31'59" WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 3.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°31'59" WEST ALONG THE SOUTHERLY LINE OF SAID LOTS 1 AND 3, A DISTANCE OF 173.12 FEET; THENCE NORTH 00°28'01" EAST, 6.00 FEET; THENCE SOUTH 89°31'59" EAST, 168.00 FEET: THENCE NORTH 00°41'10" WEST, 126.53 FEET TO THE NORTHERLY LINE OF SAID LOT 2; THENCE SOUTH 89°31'59" EAST ALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00°41'10" EAST, 132.53 FEET TO THE POINT OF BEGINNING. CONTAINING 1,671 SQUARE FEET. AECOM SHEET 2 OF 2 Pac e 616 of 736 Prepared by Tim Andera, City of Waterloo, Waterloo, IA 50703. Phone (319) 291-4366 TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (the "Agreement") is entered into as of , 2025 by and between Metro Investments Waterloo, LLC. ("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$465.00, 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 access (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 617 of 736 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. IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. METRO INVESTMENTS WATERLQO, LLC CITY OF WATERLOO, IOWA By: Title: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF AzAii ) ss. Ac/, /4,_. COUNTY ) Acknowledged before me on /frat /'3 , 2025, by �Li, y✓fit of Metro Investments Waterloo TIM ANDERA COMMISSION NO. 772518 MY COMMISSION 1EXPIRES APRI STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Notary Public as 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 Page 618 of 736 Exhibit "A" ROPOSED WATER MAIN 5' X 5' Transformer 1 LEGEND LPR2I2 METRO INVESTMENTS WATERLOO LLC PARCEL ID: 891336408015 1328 LA PORTE RD PROTECT EXISTING RETAINING WALL PERMANENT ACQUISITION 451 SF CURB & GUTTER PERMANENT EASEMENT 1671 SF TEMPORARY EASEMENT 632 SF PROPOSED PERM. ,,=c, EASEMENT POWER POLE TO BE REMOVED BY OTHERS 126.5' 132.5' POWER POLE TO BE REMOVED BY OTHERS LA PORTE ROAD RIGHT-OF-WAY/PROPERTY LINES ACQUISTION LINES PERM. EASEMENT LINES TEMP. EASEMENT LINES PERMANENT ACQUISITION PERMANENT EASEMENT TEMPORARY EASEMENT AECOM 04-10-25 PROPOSED TEMP. EASEMENT EXISTING ROW PROPOSED PERM. ACQUISITION CONNECTION TO EXIST. - STORM SEWER i PROPOSED STORM SEWER ANY PAVEMENT REMOVED WILL BE REPLACED IN -KIND UNLESS OTHERWISE NOTED. Public Impact Diagram METRO INVESTMENTS WATERLOO LLC La Porte Road Reconstruction Waterloo, Iowa 60736162 PARCEL LPR212 PHASE 2 Page 619 of 736 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 December 1, 2025 AGENDA ITEM TITLE Resolution approving a right -of -entry agreement with RNK Investments, LLC, to enter onto city -owned property to begin construction of a 12,000 square foot commercial building, 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 right -of -entry agreement with RNK Investments, LLC, to enter onto city -owned property to begin construction of a 12,000 square foot commercial building, and authorize Mayor and City Clerk to execute said document. The developer wants to begin work on a 12,000 square foot building by constructing a foundation due to the end of the construction season nearing and impending colder weather. The agreement indemnifies the city and holds it harmless for any liability that may arise, and this applies to RNK Investments, LLC, along with any of their respective contractors, agents and employees on or about the project site. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES Page 620 of 736 ALTERNATIVE ACTION LEGAL DESCRIPTION Lots 27, 28 and 29, Waterloo Air and Rail Park 4th Addition, Waterloo, Black Hawk County, Iowa ATTACHMENTS 1. Right of Entry Agreement 2. Site Plan Page 621 of 736 RIGHT OF ENTRY AGREEMENT This Right of Entry Agreement (the "Agreement") is entered into as of 2025, by and among the City of Waterloo, Iowa, an Iowa municipal corporation ("City"), RNK Investments., LLC ("RNK"). RECITALS A. City is the owner of real property in the city of Waterloo, Black Hawk County, Iowa, identified as Lots 27, 28 and 29 of Waterloo Air and Rail Park 4th Addition (the "Project Site") and generally located northwest of the Waterloo Regional Airport. B. RNK is the contractor who will engage in a project (the "Project") for construction of a 12,000 square foot industrial building on the Property. C. City is willing to allow RNK to have access to the Project Site as set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Project Site; Access. Subject to the terms and conditions of this Agreement, City hereby grants RNK, its contractors, agents, and employees, access to the Project Site to engage in the Permitted Uses described below. The City makes no representations or warranties as to the condition of the Project Site or its suitability for RNK's purposes. 2. Permitted Uses; Term. RNK shall enjoy access to the Project Site to commence and undertake the Project, consistent with any plans or specifications submitted to and approved by the City, including the "Concept Exhibit" that is attached to this Agreement as Exhibit A. RNK shall obtain any and all required or necessary permits, licenses, and approvals for the activities or work performed on the Project Site. The parties anticipate the execution of a formal Development Agreement that will set forth in greater detail the terms and conditions of the Project. Unless expressly stated otherwise in a subsequent written agreement or the Development Agreement, this Agreement shall terminate upon the effective date of the Development Agreement and the terms and conditions of the Development Agreement shall displace this Agreement. This Agreement shall terminate in the event that a Development Agreement concerning the Project and/or the Project Site is not approved by City Council after presentation to the same. 3. Project Costs. RNK shall bear all the costs and expenses of the Project. 4. Insurance. RNK shall maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Project 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 insurance and coverages to the City upon request. Page 622 of 736 5. Indemnification. RNK agrees to be responsible for any liability which may arise out of its own acts or omissions and the acts or omission of its respective contractors, agents, and employees on or about the Project Site, and agrees to indemnify and hold harmless the City, its officials, officers, employees and agents, from and against any and all claims, demands, actions, causes of action, damages, losses, costs, fines, penalties, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, whether sounding in law or equity, in tort, contract or otherwise, arising out of said acts or omissions. The duties of RNK under this Section shall survive the expiration or termination of this Agreement. 6. General Terms. This Agreement may be modified or amended only by a written instrument signed by the parties. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement may be executed in multiple counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one and the same instrument. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Right of Entry Agreement by their duly authorized representatives as of the date first written above. CITY OF WATERLOO, IOWA RNK INVESTMENTS, LLC By: By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk 2 Title: CJit..rf e-77 Page 623 of 736 SITE ADDRESS: LOTS 27, 28, & 29 OF WATERLOO AIR & RAIL PARK 4TH ADDITION PARCEL ID: <PARCEL ID> ZONING: M-2, P: PLANNED INDUSTRIAL LOT SIZE: 183891.62 SF / 4.22 ACRES SETBACK REQUIREMENTS FRONT: 25' REAR: 40' SIDE: 5' PARKING: STORM WATER MANAGMENT, DRAINAGE, AND AIRPORT FENCE ACCESS EASEMENT LOT 29 LOT 28 40' REAR SETBACK LOT 27 1. PER SEC. 10-25-2, A.2 FOR PARKING FACILITIES LOCATED IN 14-2,P" PLANNED INDUSTRIAL, THE SCHEDULES SET FORTH IN THIS SECTION SHALL GENERALLY BE THE MAXIMUM. THE ACTUAL PARKING REQUIREMENTS SHALL BE DETERMINED DURING THE REVIEW OF THE SITE PLAN BY THE COMMISSION IN VIEW OF THE FLEXIBILITY OF THE GUIDELINES FOR THESE PARTICULAR DISTRICTS. 2. STANDARD REQUIREMENT PER SEC. 10-25-2, D.10 3. CONTRACTOR BUSINESS: NOT LESS THAN ONE PARKING SPACE FOR EVERY 250 SQUARE FEET OF OFFICE FLOOR AREA AND ONE SPACE FOR EACH TWO PERSONS EMPLOYED ON MAXIMUM SHIFT. CALCULATIONS: TOTAL OFFICE FLOOR AREA = # SF / # = # SPACES MAX SHIFT PROJECTED EMPLOYEES = 10 EMPLOYEES / 2 = 5 SPACES TOTAL SPACES = # SPACES + 5 SPACES = # SPACES STANDARD REQUIRED PARKING = # SPACES PROVIDED PARKING = 15 SPACES FLOOD PLAIN: ZONE X PER FIRM MAP 19013C0167F, EFF. 7/18/2011 \e/ PROPOSED 120 x 100 BUILDING/ //f1 12000 SF 6' ,22' 0 o IT 43' FUTURE 120 x 100 BUILDING 12000 SF TRACT D- STORM WATER MANAGMENT CC W �W/ V CONCEPT EXHIBIT WARP OFFICE PN: N/A KOELKER EXCAVATING INC. lofl 10/14/2025 PRELIM Page 624 of 736 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 December 1, 2025 AGENDA ITEM TITLE Resolution approving an Amendment to the Development Agreement and Minimum Assessment Agreement in the amount of $4,500,000.00 with Baltimore Fields, LLC, for a new residential subdivision located between Hawthorne Avenue and Eureka Street, 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 an Amendment to the Development Agreement and Minimum Assessment Agreement with Baltimore Fields, LLC, for a new residential subdivision located between Hawthorne Avenue and Eureka Street, and authorizing the Mayor and City Clerk to execute said document. Construction shall begin by June 1, 2026, and be substantially completed by June 30, 2027. Also, this amendment is replacing the amendment that was already been done and approved on May 5, 2025, in its entirety, and the new construction shall have a Minimum Assessed Value of $4,500.000.00 after substantially completed. The City of Waterloo acquired 12 locations that were owned by the Waterloo Community School District in 2010 for the sole purpose of creating new infill housing, and creating new taxable value on a parcels that did not pay property taxes. 76 new single family homes have developed on seven of those sites, and adding another 18 on the remainder of this parcel will push the number to 94. NEIGHBORHOOD IMPACT With a minimum assessed value of $4,500,000.00, each home would have a value of approximately $250,000.00, which will strengthen property values in the surrounding area, along with utilizing existing utilities. DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION Page 625 of 736 COMMUNITY ENGAGEMENT METHODS This property went through a rezoning and site plan amendment process at the Planning and Zoning Commission and City Council. The property was rezoned in April of 2011 from R-2 One and Two Family Residence District to R-1,R-P Planned Residence District, and the site plan amendment was approved by City Council on May 5, 2025. SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1. May 5, 2025 Amendment to Development Agreement 2. Original Development Agreement 3. Partially Signed DA Amendment - Panther Bldrs Baltimore Field Page 626 of 736 Docusign Envelope ID: 3E84BC51-BEA3-42BA-8558-A06176CDA2B9 Preparer: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319-234-1766) After recording return to: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 AMENDMENT TO DEVELOPMENT AGREEMENT (BALTIMORE FIELDS) This Amendment to Development Agreement ("Amendment") is entered into as of May 5 , 2025, by and between Baltimore Fields, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS WHEREAS, the parties entered into a Development Agreement dated April 17, 2023, which was filed June 29, 2023, as Document No. 2023-17592 in the office of the Black Hawk County Recorder ("Agreement")(Amendment and Agreement are collectively "Development Agreement"). WHEREAS, the parties would like to amend certain terms and conditions of Agreement as follows: NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Project Start Date. Project Start Date shall be June 1, 2025. 2. Section 6 shall be replaced to read as follows: 6. 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, which shall be considered as part of the Infrastructure Improvements 1 K:\USERS\TIM-A\Development Agreements\Housing\Baltimore Field - Panther Builders\Amendment to DA CLEAN 5.2.25.docx Page 627 of 736 Docusign Envelope ID: 3E84BC51-BEA3-42BA-8558-A06176CDA2B9 3. Section 7A shall be replaced to read as follows: A. Infill Grant. As provided in the City's infill housing policy, City will pay a grant of $5,000.00 to the new homeowners. Each such grant will be payable after City has verified that a given unit has issued a Certificate of Occupancy and upon sale to the new homeowner. 4. Section 7(C) shall be added: C. Tax Rebates. Provided that Company has completed the Improvements as set forth herein, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Ten 50% rebate each year For any taxable value over the base assessed value that will be identified in the SDA applicable to the Project Area. Rebates are payable in respect of a given year only to the extent that Company, or its successors, has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law; rebates will be paid only on funds identified as tax increment funds. If Company obtains tax exemptions for a Project Area under the Consolidated Urban Renewal Area (CURA) program, then rebates will be forfeited for any fiscal year in which an exemption applies. Lots in the subdivision are not eligible for the CLURA or CURA tax abatement program. The total amount of rebate paid shall not exceed the amount paid by Company for Infrastructure Improvements, plus any accrued interest on the same. Company shall provide City with an itemized accounting, along with bills and other reasonable documentation, to support the amount paid by Company for Infrastructure Improvements. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements, and in any event not based on a prior year for which the assessment is based solely upon (x) the value of the Property or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. 2 K:\USERS\TIM-A\Development Agreements\Housing\Baltimore Field - Panther Builders\Amendment to DA CLEAN 5.2.25.docx Page 628 of 736 Docusign Envelope ID: 3E84BC51-BEA3-42BA-8558-A06176CDA2B9 5. Continuing Effect. Except as specifically provided in this Amendment, the provisions of the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the Agreement and this Amendment, this Amendment shall control. Capitalized terms used but not defined herein shall have the meanings attributed to them in the Agreement. SIGNATURES ON THE FOLLOWING PAGE 3 K:\USERS\TIM-A\Development Agreements\Housing\Baltimore Field - Panther Builders\Amendment to DA CLEAN 5.2.25.docx Page 629 of 736 Docusign Envelope ID: 3E84BC51-BEA3-42BA-8558-A06176CDA2B9 IN WITNESS WHEREOF, the parties have executed this Amendment by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA BALTIMORE FIELDS, LLC DocuSigned by: By: l t,tnlitn, Nutt 0.,2., 78A "r•443... Quentin M. Hart, Mayor Kevin Fittro, Manager Attest: DocuSigned by: Fttelle €EQ2Ae14F... Kelley Felchle, City Clerk By: 4 K:\USERS\TIM-A\Development Agreements\Housing\Baltimore Field - Panther Builders\Amendment to DA CLEAN 5.2.25.docx Page 630 of 736 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 i 0 0 0 1101 010 IU Doc ID: 011967480024 Type GEN Recorded: 06/29/2023 at 11:23:31 AM Fee Amt: $122.00 Page 1 of 24 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2023-00017592 (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 , 2023, by and between Baltimore Fields, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City is the owner of or is acquiring title to real property locally known as Baltimore Field and includes parcel nos. 8913-35-138-019 and -021, as further described on Exhibit "A" attached hereto (the "Project Property"). Company desires to undertake a project on the Project Property and is willing and able to finance and construct up to 18 single-family dwellings and related improvements thereon. B. City considers affordable housing development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives to encourage that goal. City believes that such development is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the Projects (defined below) 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. Sale of Property; Title. Subject to the terms hereof, City shall convey the Project Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) general utility and 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 ("7,2) Page 631 off76/ 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. The parties contemplate that Company will develop the Project Property to include the Project elements described below and subject to development of more detailed plans. Company acknowledges that it has had a reasonable opportunity to inspect the Project Property and to conduct other due diligence related to the Project. Company agrees to accept the Project Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Project Property, its marketability, or its fitness for any particular purpose. At its own cost Company shall: (a) take all measures necessary to prepare the Project Property for development, (b) plat a subdivision for the Project Property, including therein such dedications, easement reservations, and restrictions as are required by or acceptable to City, generally in accordance with the lot layout and phasing plan attached hereto as Exhibit "B" (the "Layout Plan"), (c) construct to a finished state no fewer than eighteen (18) single-family dwellings generally consistent with the designs depicted on Exhibit "C" attached hereto, including installation of driveways and sidewalks for each lot, (d) install all necessary public infrastructure (including but not limited to extension of water and sewer) to support the Project, (e) install a new street within the subdivision as generally depicted in the Layout Plan, and (f) 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 in each the foregoing clauses are referred to collectively as the "Improvements", and the specific improvements described in clauses (d) and (e) as a subset of the Improvements are referred to as the "Infrastructure Improvements"). 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 all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Project Property, the Improvements, and all site preparation and development -related work to 2 Page 632 of 736 be undertaken and completed by Company under this Agreement are collectively referred to as the "Project". Improvements completed within the schedule established by Section 5 below will be eligible for the benefits provided for in this Agreement, and any Improvements not completed within the prescribed period will not be eligible for said benefits. 3. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Project Property in conformance with construction plans (the "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 construction 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. 4. 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 3 Page 633 of 736 extend the incentives provided for in this Agreement, and that without said commitment City would not have done so. A. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the Improvements, including but not limited to the Infrastructure Improvements, within four (4) months after the date of conveyance of the Project Property (the "Project Start Date"), and construction of Infrastructure Improvements and two (2) homes must be Substantially Completed within twelve (12) months thereafter. Company shall thereafter continue construction of new homes and related improvements on a schedule so that no less than two (2) additional homes are Substantially Completed per calendar year (the "Annual 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 of such phase for which no permit was necessary has been Substantially Completed. B. 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 Project Property shall revert to City, and City shall have no further obligation hereunder with respect to the Project. 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 any Annual Completion Deadline. 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 Annual Completion Deadline 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, City may terminate this Agreement as set forth in Section 15, title to the Project Property shall revert to City, and City shall have no further obligation hereunder with respect to the Project, nor any duty to compensate Company for any work or materials provided before the termination date or for the added value of any Improvements completed or partially completed. 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. C. Termination of this Agreement by City, and any related reverter of title obligations, shall not apply with respect to any area on which Improvements have been Substantially Completed or substantial progress toward completion is being made in City's reasonable judgment (the Project Property other than such excepted area(s) being the "Undeveloped Property"). In the event of any termination, City shall have no further obligations under this Agreement with respect to the Undeveloped Property. 4 Page 634 of 736 D. If Company determines at any time that the Project, in whole or in part, is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Undeveloped Property 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 with respect to the Undeveloped Property, except as expressly provided. In connection with any conveyance to City, Company shall pay in full, so as to discharge or satisfy, all Hens, claims, charges, and encumbrances on or against the Undeveloped Property or any part thereof. 5. 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 reverted Project 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 Project, 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 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. 6. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Project Property and for payment of any associated connection fees. 7. Incentives. The incentives described in the following subsections of this Section 7 are in addition to the other Project incentives extended by City to Company hereunder. A. Infill Grant. As provided in the City's infill housing policy, City will pay a grant of $5,000.00 to Company for timely completion of each dwelling unit 5 Page 635 of 736 of the Improvements. Each such grant will be payable within sixty (60) days after City has verified that a given unit has been Substantially Completed. B. Partial Tax Exemption. Provided that the Project Property continues to be located in a designated City Limits Urban Revitalization Area (CLURA), the Project Property will be eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Company or its successor in title meets all requirements to qualify for such exemption. 8. 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. 9. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Project Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. Notwithstanding the foregoing, Company may sell, convey, and transfer, without City consent, any platted lot in the Project Property upon which a single-family dwelling has been constructed. 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. 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. 11. Representations and Warranties of City. City hereby represents and warrants as follows: 6 Page 636 of 736 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. 7 Page 637 of 736 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Project Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Project Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever, by any person or entity 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. 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 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; 8 Page 638 of 736 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. E. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 15. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, 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 Company occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. 9 Page 639 of 736 C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 16. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 17. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 18. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 19. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 616 Clay Street, Cedar Falls, Iowa 50613, Attention: Kevin Fittro; with copy to Eric W. Johnson, Beecher Law Firm, 620 Lafayette Street, Waterloo, Iowa 50703. 10 Page 640 of 736 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. 20. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 21. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 22. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 23. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which, including signed counterparts delivered by facsimile or other electronic means, shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 11 Page 641 of 736 26. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: iAA--U)-;.:1Atr-tAd---- Quentin M. Hart, Mayor Attest: Kelley Felch, City Clerk 12 BALTIMORE FIELDS, LLC Kevin Fittro, Manager Page 642 of 736 EXHIBIT "A" Project Property Description 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 at 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 the 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. 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. 1 Page 643 of 736 EXHIBIT "B" Layout Plan See attached. Page 644 of 736 M 10,0,11 1N31N3OVNVIN iI31VM W;JO1S OWL NSS 30IS .S m z 0 n .SZEL CO 0 J &EEL 0 J ,L'4£L CO O .EVEl 0 J s'cEL 0 J ,0"6E 10VN1 1N31N3OVNVIN 2131VM Wi1O1S Page 645 of 736 See attached. EXHIBIT "C" Home Designs 1 Page 646 of 736 0 4 m 4 iE 9 50'-0" 22' 0" 28'-0" FOUNDATION LEDGE TI N \ � 'T 4'-0" N 5-I�j° f ! g;� MBR \ N1 4 8' CLG. \ •.,.. 0 WRY, 4 m puma. WALLS AO MOD. MOP. • ALL coocarmenTeo LOAD PA/NO. 6 cLG. _ ,... 49. 2B -3" 10'CONIPIXOLD rc N 4 -115 •ADJ.DT MAXIM PLACE/94i POP '.Pc woe X 4O GARAGE O O .BATH �J KITCHEN N '? W.I.C.`v' ®CLG. 6 CLG. LAYOUT 9 0 6 CLG _ I IQ 5' 6 we lama v il 31"" 4 S a" 3'-52 64w!� p T 4 6._6 -�-0� 550 SQ,FT. *Ns ' OL✓D DLO • A FLAT TOP 1111 . BATH y. ' `LG 20 12'-1" m o DINING /,L__,, _' e' CLG. H 2'-6 5-1" 14'-615" s' CLG W.I.C. J' 6"' 7 s' CLG. T 3'-ll" --�1 4 5 CLG, e' a15" LIVING J' E".i+ 8' CLG. IN81DE TRAY (FINAL TRAY SPECS PER TRUSS DESIGN) 14'-61i" -'34' 2.8 BR "2 B' CLG. 8 CLG. 3062 MIN 3-0"064 COVERED PORCH 1-1" 3063 1WN 10'-0" I2'-0" 4'-10" 1-9" k 2.-3" 6'-1" 6,-T„ 22-0 14'-10" 13'-2" A 28,-0" � 50'-0" GARRISON MAIN FLOOR 1433 SQ.FT, APPROVER BY: DRAWN BY. DATE: Yards„ Jeruny 16, 2023 Buliders FirstSource TRRT,OO , IA "Preliminary -not for construction PANTHER BUILDERS GARRISON consult • contractor az am architect OA determine if or local building co..: 2.1the projects structaral ,t icar ,.r,•....L.. ,. afoot. . ...on.. REVISIONS Page 647 of 736 8/12P 51-IINGL 5 /12 P 10- Li U TOP —OF — PLATE f-0° i%L APPROVED BY: DRAWN BY: DATE: Monday, January 16, 2023 VERIFY GRADE GARRISON FRONT ELEVATION D4 SIDING OPTION T�h QIB2GY NEEL ADJbT A6 REDDJ c0 TOP OF SUBFLOOR_'r — —_y TOP OF FOUNDATION Q TOP OF FOOTINQ_ _ y LEFT ELEVATION REAR ELEVATION PLATE TOP OP TOP OF NOR TRIPLE PLATE ON FOUNDATION PLATE TOP OF TOP OP Builders FirstSource 00_TA *Preliminary -not for construction PANTI-IER BUILDERS GARRISON or PAglamoring Lira. Years ooestroatloa Ursa or local consult :.�. :.; 2fir; :`� t,coao `. aluaLty tor olatua or ,al tbo alto ..f. ....... ,ot.ol•Eolos,.,ot..to...Wog.. OA from ,s,..... REVISIONS Page 648 of 736 2 5CY-0" 2V-o" 21.-0" 11.215n If-S15" 3036 NOITRo REFTERED.R. P133 CODE DW P IT-2" KITCHEN'9 , r1.13.R. IH9 8' Ceiling N-Vi" -,, I i R....... • ALL T.....asy. ,.. p,.... ...0.1.11.1.1.1NOMMER. DT 4EXERAL COMTLCIVR. .01.4.11....SRERAR OPE. BY BBERAL Other.C1.01, recarscu. ciButauce Au mob. ....Nu Npu u oypg. • BasT obos Wend 8' Ceiling B. _ 16'' 01-10 16.-Olt" el 5-6 ,..-i Id-10" IV-6" Provide Pull Attie -N Down 1t-, WIN 9 1, 11 l in us, u DINING — —II 241- 2^ m 8' Ceiling W.I.C. 'S. - -1-ise _ ..._ _ .. :rell.g < e„7„ g 12'-io" M.15A/14 MI • 114," LIVING 9' Ceiling '-er 7.4- BR *2 8' Ceiling 'II, .;,:P ion Rag -0- -IR fr Cig. -1. , 09 Aalg 3052 "RUN 6-1%" • -r-s. 3»-5 3' 3"11 PORCH --1 .6" I -a st " 0 9' Ceiling (314" Vt" _ 9. Cig.• I SQUARE SQUARE FiCBIN, OLICa".1411 BR *3 e Er Ceiba 34...0° TUB P.NOUJER UNIT Ir-1 4010 TRANS0M 3092 TWIN 5-10" 5-10n 2.-614"12»-944" /-0" W-II" j. 4'-1" il'-o" to'-o" II.-8“ 5.-4 12.-0" 21.-0" 25..0. 21-0e LINCOLN MAIN FLOOR 1213 5Q.FT. 9 9 0 9 25 9 APPROvED BY: DRAWN BY BAT. Wednesday, ....vuenj II, 2023 Builders ImdEirvaurce Preliminary -not for construction LINCOLN FRONT ACCESS OPTION Tb••• drawriago ars Rat preshoosd by boob ...it a contraotor as an a:T.14ot to ...Loa ST ...as need to bo onangod to satisfy: 1. ,•bat• .r77..t.; or ea... ...one ...Z. to OR •tts Inue man Booucsu...... respooNula,N, or claim. or Ssaaaas azising from arro..asissloos, REVISIONS Page 649 of 736 iSsetANe rd� /12 i l Q FRONT ELEVATIONS LINCOLN ID4 SIDING OPTION) PARAPS TOP OF TOP Os LEFT ELEVATION TOP OS REAR ELEVATION TOP OF PLATS pLasy PLATY • WAAGE TOP OG TT. ; FOLINDAKTI TOP Of Os µ IOP OF GLIPPLOOS POPIPATONI TOp Of RIGHT ELEVATION SCPCMTION Preliminary -not for construction These goo -soil drawings are not creaucod M on .rmrtsx REVISIONS FirstSource LINCOLN FRONT ACCESS OPTION consult • contractor or an architect 4. detaratne if those drawings need to hechan to antler, 1,1.44 or local ding core.: 2.1 the Tro,.ets .srac.urai awsolirmanto, or existing ....P.O..gerrT.n for claims dosages arising .tons, d.r.cr.nttee or dated. of Ou drawing.• Page 650 of 736 / 49'-o" / 22'-0" 2T'-0" r \ \ / FouNDaTioN 2 d\ 3'-8" �� LmGe Q D W - f 10'.O A 3'-8'h Iiam Q oew� ISR LANDING " . \ SLOlef LDRY. 0 m \ 1:46 lotilla WALLS AS MUM. 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Tk Page 651 of 736 PLATO TOP OP TOVEV FOLINOMION TOP OP 1/12 P WVIN4LES 1/12 P sNINGLEe RIGHT ELEVATION /12 -/4'\. VERIFY all•DE EASTON FRONT ELEVATION REAR ELEVATION vIERIPT GRAD. ID4 SIDING OPTION APPROVED 8Y: Builders DRAWN BY: FirstSource DATE: Monday, January 16, 2023 WATRRLOO . IA 'Preliminary -not for construction PANTHER BUILDERS EASTON inuegeneral *wings o° by or re ore o.ens*snoo , consult :n.o-,-stermine 11 �.leedA•or local y REVISIONS Page 652 of 736 m APPROVED BY: DRAWN BT. DATE: Thu.day December 29. 2022 30'-0" 11'-0" II'-0' GARAGE 550 SQ.FT. RA PURR. IMLLY AS ROOM TEMPERS> CLAN MYR CODE CCHMENTRATIO LOAD PARR. MY MNORM CONTRACTOR GENRRAL CONTRACTOR drab. MMARCRFRAM. FCR 4/0xc wee tPeGeat as. BR *2 8 CLG. 8'-4ts 2s• BATH e' 0LG. BATH x e cLa. 5.-4>•e 5'-II" 2'-; BR "I 8' CLG, 3'-0" 2'-6" O O O O - PANTRr= v KITCHEN _ _ _ VAULT PEAK f9/O VAl1T1 13'-8" LIVING VAULT CLG. COVERED PORCH 24" X 9'-I0" 6'-0d I- r$d r 2 6 Q 0 9 Y OAKLEY MAIN FLOOR 1010 SQ.FT. Builders FirstSource WATERLOO. IA 'Preliminary -not for construction PANTHER BUILDERS OAKLEY rase M..aro not PrOdUGMi by an arab... `mom...` tract or ._ e..i.da need to -tall* to satisfy: 1.l.t9t. or local day out..: 2.l4. ero]..t..t ectueu ......mat.: o tutting m.0 eu .pmHo m d :.:.,.4 ... at,r Plat....... o. d.t..t....e. ..... REVISIONS Page 653 of 736 '. -tae oP PLATE I:J TOP OP TOF OF POLNPAOLMI TOP OP OAKLEY FRONT ELEVATION ID4 SIDING OPTION 6/12 P ewNatEe PL« TOP On MTV.. TOP OP LEFT ELEVATION OAKLEY FRONT ELEVATION (BBB SIDING OPTION( Y6aP PLATO TOP OP POWIDATION TOP Oa VD P to• vORPr GRADE RIGHT ELEVATION PLATE TOP 00 OJBOLOOR TOP OP POOSTATION TOP Of } /12 . iNGLEB _ -16-4�i4lL�1C.1� Iee.�ogig !OAKLEYI FRONT ELEVATION RIGHT ELEVATION (SHAKE SIDING OPTION( NOWT OP.ACE VERIFY ...41011. APPROVED BY: DRAWN SY: Builders Fource DATE: Thursday, December 29, 2 WATRRT.O - IA *Preliminary -not for construction PANT( -DER BUILDERS OAKLEY REVISIONS copouit a ooptoactor or an architect to atom... if Chat. ditaliOf• 3* to be e.barrood to Projects . � ate: 1.1•tato or loes1 building rodeo: , site. WILMA WOOS SOM. no ampoaellaility a.u.i...... for claim, ora`.a.fects vi f.`drawings. ..i.... Page 654 of 736 Prepared By: Austin J. McMahon, Lange & McMahon, PLC, 222 1st St. E., Independence, 1A (319) 334-4488 AMENDMENT TO DEVELOPMENT AGREEMENT (BALTIMORE FIELDS) This Amendment to Development Agreement ("Amendment") is entered into as of , 2025, by and between Baltimore Fields, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS WHEREAS, the parties entered into a Development Agreement dated April 17, 2023, which was filed June 29, 2023, as Document No. 2023- 17592 in the office of the Black Hawk County Recorder, as amended by an Amendment dated May 5, 2025. The Development Agreement, including as amended, is referred to as the "Agreement." WHEREAS, the parties desire and seek to amend the Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The Amendment executed by the parties and dated May 5, 2025, is hereby rescinded and voided in its entirety. 2. Section 4 of the Agreement is hereby amended to provide for a commencement date of June 1, 2026, a substantial completion deadline of June 30, 2027, and to further provide that the City's Community Planning and Development Director may, but shall not be required, to consent to an extension of time of up to six (6) months for the construction of the Improvements. Any additional or longer extensions will require approval and consent of the City Council 3. Section 6 of the Agreement is deleted in its entirety and replaced with the following: 6. 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, which shall be considered as part of the Infrastructure Improvements Page 655 of 736 4. A new Section 28 is hereby added to the Agreement as follows: 28. Definitions. Economic Development Grant means the Tax Increment payable by the City to the Company in connection with Qualified Costs and Expenses for Public Improvements and in accordance with the terms of this Agreement and Iowa law. Housing Unit means a single-family dwelling or residence. References to "dwelling" or "unit" contained in the Agreement shall be construed as meaning or referring to a Housing Unit. 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 with respect to the Project Property to allow for the development of Housing Units on the Project Property, which said Public Improvements shall be dedicated to the City upon acceptance by the City. Development Property and Property means the Property as described in the Agreement which is part of or will be part of the Baltimore Fields Urban Renewal Area or Baltimore Fields Urban Renewal Plan area. Tax Increment means the property tax revenues divided and made available to the City in one or more special Urban Renewal Tax Increment Revenue Funds 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 and one or more duly passed Ordinances, which Fund 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 within the Baltimore Fields Urban Renewal Plan area and pursuant to this Agreement. Qualified Costs and Expenses means the costs and expenses incurred by Company in connection with Public Improvements, whether incurred prior to or after the date of this Agreement, including costs for acquisition of right of way, easements, landscaping, grading, drainage, paving, 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 Page 656 of 736 and Expenses, the costs and expenses must be incurred by Company for the completion of those Public Improvements that are dedicated to and accepted by the City. In any event, Qualified Costs and Expenses shall not include costs or expenses that are not for the purpose of providing or aiding in the provision of Public Improvements related to housing and residential development as provided in Iowa Code Chapter 403. 5. A new Section 29 is hereby added to the Agreement as follows: 29. 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 Baltimore Fields Urban Renewal Plan 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. Certification of Qualified Costs and Expenses. Company shall provide an itemization and certification to the City containing the amount of Qualified Costs and Expenses for Public Improvements. Company shall submit documentation substantiating the amount of Qualified Costs and Expenses for Public improvements being certified. Company shall provide such additional or further substantiation or proof of Qualified Costs and Expenses for Public Improvements as reasonably requested by City. The City shall review the itemization and certification provided by Company to verify the reasonableness of the certified Qualified Costs and Expenses for Public Improvements, and a determination by the City as to the reasonableness thereof is final. B. Calculation of Grant Amounts. 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 derive solely from Tax Increments received by the City pursuant to the provisions of Iowa Code Section 403.19. Assuming that the City has received and has Tax Increment funds available to it, and subject to the terms of this Agreement, Company shall be eligible to receive Grants after the substantial completion of at least four (4) Housing Units. 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 Page 657 of 736 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. Subject to other terms and provisions of this Agreement, including Section 29(C), no annual Grant to Company shall exceed an amount equal to 50% of the total amount of Tax Increment collected under Iowa Code § 403.19 during the preceding twelve-month period, and no annual Grant shall exceed an amount equal to 50% of the Qualified Costs and Expenses for Public Improvements that have been incurred and certified to City as of the date for which any Grant is to be paid. 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. 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. C. 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. Company shall submit a certification of the Qualified Costs and Expenses to the City, along with such proof thereof as reasonably requested by the City, and 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. 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 certification and written request aforementioned. The City will receive the first full year of Tax Increments in the fiscal year following the certification of debt pursuant to Iowa Code § 403.19, and subject to the terms and conditions of this Agreement, shall make an annual Grant payment to Company as of June 1 of the first full fiscal year the City receives the tax increment. D. 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 and made and available to the City; (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. 6. A new Section 30 is hereby added to the Agreement as follows: Page 658 of 736 30. Obligations Contingent; Appropriation. 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 to effectuate the City's obligations or to ensure that the Agreement conforms to Iowa law, including but not limited to, the creation of an Urban Renewal Area/Plan and the creation of one or more tax increment finance districts in accordance with Chapter 403 within the Urban Renewal Plan area for which the Property is situated. The payment of any incentive under this Agreement, including but not limited to, Economic Development Grants, is subject to annual appropriation by the City Council each fiscal year. City has no obligation to make any payment to Company 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 any incentive payments to Company, including Economic Development Grants, 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 incentive payment. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction or City's 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 upon written notice by City, the Agreement shall be terminated, and such termination shall not constitute a default or breach of this Agreement. 7. A new section 31 is hereby added to the Agreement as follows: 31. 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 "D"' it will not seek or cause a reduction in the taxable value for the Property or any individual Housing Unit as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount below the amount of $4,050,000.00 for the entire Property or $225,000.00 per individual Housing Unit (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. Grants are payable for each substantially completed Housing Unit above four (4) Housing Units before and attaining full $4,050,000.00 value as required in MAA Company agrees to execute and deliver the MAA concurrently with its execution and delivery of this Agreement. Page 659 of 736 8. Except as modified herein, the Agreement shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the Agreement. This Amendment may be executed in multiple counterparts. The Agreement and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. CITY OF WATERLOO, IOWA BALTIMORE FIELDS, LLC By: Quentin M. Hart, Mayor BY: /74167 Name: Xi., ro Attest: Title: Kelley Felchle, City Clerk Page 660 of 736 EXHIBIT D 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 BALTIMORE FIELDS, 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 (the "Property"), described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area within the City and within the Baltimore Fields Urban Renewal Plan area, including the construction of certain improvements, including Public Improvements and Housing Units, 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 $4,050,000.00 (the "Minimum Actual Value") until termination of this Agreement, with each individual Housing Unit having a Minimum Actual Value of not Tess than $225,000.00, and Grants are payable for each substantially completed Housing Unit above four (4) Housing Units before and attaining full $4,050,000.00 value as required in MAA. 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, 2032, 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, 2045. The Minimum Actual Value shall be maintained during such period regardless of: (a) any failure to Page 661 of 736 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 (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. Page 662 of 736 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 663 of 736 CITY OF WATERLOO, IOWA BALTIMORE FIELDS, LLC By: By: G' Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK Kevin Fittro 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 } ss. } Subscribed and sworn before me on . G,_ �, 10, by Kevin Fittro, as Manager of Baltimore Fields, LLC. TIM ANDERA COMMISSION NO.772518 MY COMMISSION APRIL ION EXPIRES P RES Page 664 of 736 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 Fifty Thousand and 00/ 100 Dollars ($4,050,000.00) 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 ss. ) Subscribed and sworn to before me on by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 665 of 736 CITY OF ATERLO 0 J�. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Noel Anderson, Community Planning and Development Director Planning & Zoning Department AGENDA ITEM TITLE Baltimore Fields Urban Renewal Plan. RECOMMENDED COUNCIL ACTION approval MEETING DATE December 1, 2025 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 666 of 736 SOURCE OF EXPENDITURES N/A ALTERNATIVE ACTION LEGAL DESCRIPTION ATTACHMENTS 1 Baltimore Fields Urban Renewal and TIF Plan 2. Elev8te Housing Policies 2025 3. Baltimore Fields - TIF Ordinance No. (2025) 4. Baltimore Fields - Ordinance summary for pub Page 667 of 736 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 668 of 736 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 669 of 736 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 670 of 736 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 671 of 736 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 672 of 736 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 673 of 736 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 674 of 736 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 675 of 736 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 676 of 736 Attachment A DEPICTION OF BALTIMORE FIELDS URBAN RENEWAL AREA See attached map. Page 677 of 736 Attachment "A" - Baltimore Fields Urban Renewal Area Boundary Map HAWTHORNE AVE R 0 w 1- 0 er LBYRON AVE- - PALMER DR PARK•VIEW BLVD FRANCES DR MIRIAM DR CC O HAWTHORNE AVE BALTIMORE ST- Lu W VERMONT ST CAROLINA AVE EUREKA ST BYRON AVE 0 1- CO Z W 0 175 BALTIMORE ST EUREKA ST HAWTHORNE AVE 350 700 US Fee BYRON AVE Proposed District Boundary I I Pruic fi/H nil/36 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 679 of 736 Attachment C City of Waterloo Black Hawk County, Iowa 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 ($ 152,829,773) Unused Gross bonding Capacity $ 116,865,530 56.67% of legal limit used Page 680 of 736 Attachment D RESERVED Page 681 of 736 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 682 of 736 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 683 of 736 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 684 of 736 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 685 of 736 ORDINANCE NO. AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE BALTIMORE FIELDS URBAN RENEWAL PLAN AREA OF THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF WATERLOO, COUNTY OF BLACK HAWK, WATERLOO COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AN INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE BALTIMORE FIELDS URBAN RENEWAL PLAN AREA PROJECT(S). WHEREAS, the City Council of the City of Waterloo, Iowa believes it to be in the best interests of the City of Waterloo to provide for the division of taxes within the Baltimore Fields Urban Renewal Plan Area, pursuant to Section 403.19 of the Code of Iowa; and WHEREAS, the terms of the Baltimore Fields Urban Renewal Plan have been approved and adopted with respect to the Plan Area; and WHEREAS, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to finance urban renewal project activities within said Plan Area, and the continuing needs of redevelopment within the Plan Area are such as to require the continued application of the incremental tax resources of the Plan Area; and WHEREAS, the following enactment is necessary to accomplish the objectives described in the Baltimore Fields Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA THAT: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Plan Area shall mean that portion of the City of Waterloo, Iowa described in the Urban Renewal Plan for the Baltimore Fields Urban Renewal Plan Area approved by this Ordinance, which Plan Area includes the lots and parcels located within the area legally described as follows: 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. Page 686 of 736 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. Section 2: The taxes levied on the taxable property in the Plan Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Plan Area, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Plan Area as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Waterloo certifies to the County Auditor the amount of loans, advances, indebtedness or bonds payable from the division of property tax revenue described shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. Section 4: That portion of the taxes each year in excess of the base period taxes for the Plan Area determined as provided in Section 3 above shall be allocated to and when collected be paid into the special tax increment fund established by the City of Waterloo to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds or 2 Page 687 of 736 obligations issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, as amended, incurred by the City of Waterloo, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Plan Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter -approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa, but only to the extent authorized by Section 403.19(2), and taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Plan Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the areas of the Plan Area exceeds the total assessed value of the taxable property in said area shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Plan Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, advances, indebtedness, bonds and interest thereon and indebtedness of the City of Waterloo referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Plan Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provision of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Plan Area. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of this Ordinance, which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Plan Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. INTRODUCED: November 3, 2025 PASSED FIRST CONSIDERATION: November 3, 2025 PASSED SECOND CONSIDERATION: PASSED THIRD CONSIDERATION: PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa on the th day of , 202, and approved by the Mayor on the day of , 202 . 3 Quentin M. Hart, Mayor Page 688 of 736 ATTEST: Kelley Felchle, City Clerk CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5617, as passed and adopted by the Council of the City of Waterloo, Iowa, on the th day of , 202_. Witness my hand and seal of office this SEAL 4 day of , 202. Kelley Felchle, City Clerk Page 689 of 736 SUMMARY OF ORDINANCE NO. ADOPTED ON 2025, BY THE WATERLOO CITY COUNCIL AS AN ORDINANCE APPROVING THE BALTIMORE FIELD URBAN RENEWAL PLAN AREA TAX INCREMENT FINANCING DISTRICT IN THE CITY OF WATERLOO This is a summary of the ordinance approving and adopting the Baltimore Fields Urban Renewal Plan Area Tax Increment Financing District ("TIF District") in the City of Waterloo, Iowa (referred to below as the "Ordinance"): The general purpose of this Ordinance is to designate and approve an area of the City of Waterloo as a TIF district pursuant to Iowa Code Chapter 403 and to provide financial incentives for development within the TIF District boundaries. The TIF District Plan is on file in the office of the City Clerk of the City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703. The Ordinance designates the following land as the TIF District 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. The above is only a summary of the Ordinance and not the complete text of the Ordinance. Questions should be directed to the office of the City Planner. The Ordinance may be inspected in its entirety at the office of the City Clerk or the City Planner, 715 Mulberry Street, Waterloo, Iowa 50703, from Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. The Ordinance will become effective upon publication of this summary. 1 Page 690 of 736 CITY OF J ,ATERLOO �. COMMUNICATION TO THE WATERLOO CITY COUNCIL NAME AND DEPARTMENT Randy Bennett, Public Works Division Manager Public Works Department MEETING DATE December 1, 2025 AGENDA ITEM TITLE An ordinance amending the City of Waterloo Code of Ordinances Subsection 6(A)(2), Disposal of Yard Waste, of Chapter 3, Sollid Waste Collection and Disposal, Title 4, Public Health and Safety. RECOMMENDED COUNCIL ACTION Requesting approval to amend Ordinance 4-3-6(A)(2) SUMMARY STATEMENT AND BACKGROUND INFORMATION Adding the words "Unless weather and staffing levels allow" to the sentence "There is no yard waste collection December through March". Removing the sentence "Schedules shall be mailed to voluntary subscribers each December for the next year's service." Calendars can be viewed through the WYRE app saving calendar production and mailing fees. NEIGHBORHOOD IMPACT DATA, ANALYSIS, AND STRATEGIES IMPLEMENTATION, ACCOUNTABILITY, AND COMMUNICATION COMMUNITY ENGAGEMENT METHODS SOURCE OF EXPENDITURES ALTERNATIVE ACTION LEGAL DESCRIPTION Page 691 of 736 ATTACHMENTS 1. Yard Waste fees 2025 Page 692 of 736 ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY REPEALING SUBSECTION 6(A)(2), DISPOSAL OF YARD WASTE, OF CHAPTER 3, SOLID WASTE COLLECTION AND DISPOSAL, TITLE 4, PUBLIC HEALTH AND SAFETY, AND ENACTING IN LIEU THEREOF A NEW SUBSECTION 6(A)(2), DISPOSAL OF YARD WASTE, OF CHAPTER 3, SOLID WASTE COLLECTION AND DISPOSAL, TITLE 4, PUBLIC HEALTH AND SAFETY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That Subsection 6(A)(2), Disposal of Yard Waste, of Chapter 3, Solid Waste Collection and Disposal, Title 4, Public Health and Safety, is hereby repealed and a new Subsection 6(A)(2), Disposal of Yard Waste, is enacted in lieu thereof as follows: 2. Disposal Of Yard Waste: A fixed sum per month shall be charged to each customer participating in the voluntary yard waste disposal program and shall entitle the customer to dispose of a standard container of yard waste according to the ordinary collection schedule. Yard waste shall be collected from mid -April through November each year, during at least eighteen (18) weeks as scheduled each year. There is no yard waste collection December through March, unless weather and staffing levels allow. Section 2. If any section, provision or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this chapter as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. INTRODUCED: , 2025 PASSED 1st CONSIDERATION: , 2025 PASSED 2nd CONSIDERATION: , 2025 PASSED 3rd CONSIDERATION: , 2025 PASSED AND ADOPTED this day of , 2025. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 693 of 736 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 December 1, 2025 AGENDA ITEM TITLE Amended and Restated South Waterloo Unified Urban Renewal and Redevelopment Plan. 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. Amended and Restated South Waterloo Unified Urban Renewal and Redevelopment Plan Page 694 of 736 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 695 of 736 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 696 of 736 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 697 of 736 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 698 of 736 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 699 of 736 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 700 of 736 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 701 of 736 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 702 of 736 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 703 of 736 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 704 of 736 Attachment A DEPICTION OF SOUTH WATERLOO UNIFIED URBAN RENEWAL AND REDEVELOPMENT AREA See attached map. Page 705 of 736 i Iri IIIIIIIIIII_ - -- II,IIII�� � i Attachment "A" - South Waterloo Unified Boundary Map with Added Areas 1111111111111 - 11 m11111111111.mTz. = T,1111:11%I'11111111111M111111W11111111111111111111 1_ 111.�. ==I 111111I:.11_�_ IIIII= =IIIII In11111�IIIIIIIIIIi=-u11�1I�:==_€:Illl :Nun 1111= =11,1 I11111.111\ ..IIIII nn3?III. 1111I11111111111111�1�-_ 1:IIIII1111111� �_111111 IIIII=-:�i ::nnm Iu1om_ un=_nn uum =_uul IIIII Ili 1 TIN I111h In = lllhhII inVI11111�111111�111111111 Y„ha'l1,.. .IIIII:"==II1111`='8„C1111111N11111IIIII111II i16 !- .°ii�:iil=:WI°1:uriniii11111Iui m111111112 nou nii11. = -""III -- unr_ nnnnl nun. 1�"1'1— �IIII �I11� III- n:I (IIIII � - ..IIIII .IIIII. III 1111" ==(IIIII==IIIII. _ -_ IIIII(== 111 III:I„(.IIIII _. _ ...IIIII_. 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Mir 7c.- Eirnnu II e i 'i 380 Z " • s.380 _._. ■ 11111 ■ 11111111111 1111 1111 m111111I.1111111111., Attachment "A-1" - South Waterloo Unified Boundary Map with Added Areas (Zoomed) Lu crtW� GRAM T� J W RIDG IEWAY AVE" Added Area ATHENS DR CYCLONE p, RD DEVONSHIRE v 111111 UM inil r---� JANE ST1111■1111111111 �% W RIDGEWAYAVE 4 /4°DRI iJ � AKOTA DR o RGoN g- KITTYHAWKDR 1,000 2,000 4,000 US Feet I I III KENT CIR DIXONLI/LO i-—W DRLL,,'R fri: Qr Itq-P =W=IL- 1Jlcr-m - II I 11E MEADOW m cn W SHAULIS RD Existing District Boundary Added Areas III Page 707 oL736 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 708 of 736 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 709 of 736 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 710 of 736 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 711 of 736 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 712 of 736 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 713 of 736 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 714 of 736 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 715 of 736 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 716 of 736 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 717 of 736 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 718 of 736 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 719 of 736 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 720 of 736 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 721 of 736 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 N00°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 722 of 736 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 723 of 736 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 724 of 736 Attachment C City of Waterloo Black Hawk County, Iowa 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 ($ 152,829,773) Unused Gross bonding Capacity $ 116,865,530 56.67% of legal limit used Page 725 of 736 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 726 of 736 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 727 of 736 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 728 of 736 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 729 of 736 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 730 of 736 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 731 of 736 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 732 of 736 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 733 of 736 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 734 of 736 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 735 of 736 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 736 of 736