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HomeMy Public PortalAbout2021 0427 Council PacketRIVERDALE CITY COUNCIL AGENDA PLACE: Riverdale City Hall, no Manor Drive, Riverdale, Iowa DATE: April 27, 2021 TIME: 7:00 P.M. Please Note: In accordance with Governor Reynolds's disaster decree and under Section 21.8 of the Code of the State of Iowa, this meeting will be held online and in person attendance at City Hall will be restricted to no more than ten people. To attend this meeting, please visit the City of Riverdale's website (www.riverdaleiowa.com) for attendance instructions. Links to the meeting and instructions for participating/observing the meeting telephonically will be provided on the City's website, posted for public notice and on all available social media channels. The regular meeting of the City Council of Riverdale, Iowa will be conducted according to the following order and actions will be considered on the items listed. The notice of this meeting is not considered final until 24 hours prior to the meeting and may be further modified if 24 hours' notice is impossible or impractical for good cause. In compliance with the Americans with Disabilities Act (ADA) and other applicable federal and state laws, all public hearings and meetings held or sponsored by the city of Riverdale, IA will be accessible to individuals with disabilities. Persons requiring auxiliary aids and services should contact City Hall at (563) 355-2511 five (5) days prior to the hearing or meeting to inform of their anticipated attendance. The requirement that an Ordinance be read three times before passage may be waived by council upon an affirmative vote of four (4) of the five (5) council members. The public is advised to take note of this process and be prepared to speak either for or against any ordinance at the time of first reading. Per Chapter 21 of the Iowa Code, more specifically described in sections 21.2 and 21.8, a member of the Council may attend the meeting either in person or by electronic means, as defined in said sections. 1. WELCOME 1.1 CALL TO ORDER 1.2 ROLL CALL 1.3 PLEDGE OF ALLEGIANCE 2. REVIEW/APPROVAL OF THE AGENDA 2.1. AGENDA MODIFICATIONS/ADJUSTMENTS 2.1.1. Requests by Mayor/Council Members to Move Items off the Consent Agenda 2.1.2. Requests by Members of the Public to Address the Council KDR April 21, 2021 Riverdale City Council Agenda 1 April 27, 2021 7:00 p.m. Page 2 2.3 APPROVAL OF CONSENT AGENDA All items under the consent agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the time Council votes on the motion. 2.3.1. Council Meeting Minutes April 13, 2021 2.3.2 Approval of Warrants for April 13, 2021 2.3.3. Approval of the Treasurer's Financial Reports 2nd half of month April 2021 2 PRESENTATIONS AND PROJECT UPDATES Presentations regarding on -going work and projects by City staff and consultants. 2.1 CITY ADMINISTRATOR REPORT 2.1.1 Administrative Summary 2.2 MSA ENGINEER'S ACTIVITY REPORT 2.2.1 Project Review Summary 2.3 FIRE DEPARTMENT REPORT 2.3.1 RFD Report to Council 2.4 PUBLIC WORKS REPORT 2.4.1.1 2.4.1.2 2.4.1.3 Report for 04/3/2021-04/09/2021 Report for 04/10/2021-04/16/2021 Report for 04/17/2021-04/23/2021 3.5 WOODS ESTATES DEVELOPMENT REPORT 3.5.1 Developer's Report to Council 4. PUBLIC COMMENT ON AGENDA ITEMS Audience questions and comments for specific items on the agenda. The public is invited to comment on items on the approved agenda at this time. Audience members wishing to comment on items not on the agenda may offer comment at the public comment period near the end of the agenda. 5. UNFINISHED BUSINESS 6. NEW BUSINESS 6.1 RESOLUTIONS 6.1.2 Resolution 2021-13-A Resolution determining an area of the City to be an economic development and blighted area, and that the rehabilitation, conservation, redevelopment, development or a combination thereof, of such area is necessary in the interest of the public health, safety or welare of the residents of the City; designing such area as appropriate for urban renewal projects; and adopting the Fenno Drive Urban Renewal Plan KDR Agenda Apr 121, 2021 Riverdale City Council Agenda 1 April 27, 2021 7:00 p.m. Page 3 6.1.3 Resolution 2021-14-A Resolution Approving and Authorizing Execution of a Development Agreement by and between the City of Riverdale and Belmont Development Properties, LLC. 6.1.4 Resolution 2021-15-A Resolution Entering into an Engineering Services Agreement with MSA to perform the Belmont Road Townhomes Plan and Plat Review for $6,000.00 6.1.5 Resolution 2021-16-A Resolution Considering the City of Riverdale's FY2o22 Budget 6.1.6 Resolution 2021-18- A Resolution Declaring Certain Property Surplus Property and Authorizing the Sell Thereof 6.1.7 Resolution 2021-19- A Resolution to Approve and Updated Purchasing Policy for the City of Riverdale, Iowa 6.2 ORDINANCES OTHER COUNCIL ACTION 7. DISCUSSION AGENDA 8.1 FIRE AND PUBLIC SAFETY 8.1.1 Discussion of upcoming events for Fire Department 8.2 BUDGET AND FINANCE 8.2.1 Status of Long -Range Budget Planning Process 8.3 STREETS AND PUBLIC WORKS 8.3.1 Update on Fenno Road 8.4 PARKS AND GROUNDS 8.4.1 Update from Quercus 8.5 Public Engagement/Involvement 8.5.1 Ice Cream Social Event per Council member Kelly Krell 8.5.2 Bicycle Station Repair Update per Councilmember Adams 9. REPORT FROM THE MAYOR 9.1 INTERGOVERNMENTAL 9.2 28E AGREEMENT BODIES 9.3 EXECUTIVE ACTIONS 9.4 PROCLAMATIONS 10. GENERAL PUBLIC COMMENT/COMMUNICATIONS TO THE COUNCIL KDR Agenda April 21, 2021 Riverdale City Council Agenda 1 April 27, 2021 7:00 p.m. Page 4 Audience questions and comments for issues not on the agenda. The public is invited to comment on items of individual or general concern. 11. ADJOURNMENT OTHER MEETINGS/CITY EVENTS OF NOTE (all meetings will be held online Regular City Council Meeting Analiese Chapman Award Ceremony Regular City Council Meeting Regular City Council Meeting City Hall Closed Memorial Day KDR Agenda April 21, 2021 Tuesday, April 27, 2021 Saturda, May 1, 2021 Tueday, May 11, 2021 Tuesday, May 25, 2021 Tuesday, May 31, 2021 7:00 pm too pm 7:00 pm 7:00 pm All Day RIVERDALE CITY COUNCIL MINUTES PLACE: Riverdale City Hall, iio Manor Drive, Riverdale, Iowa DATE: April 13, 2021 TIME: 7:00 P.M. NOTE: The Regular Meeting of the City Council was held online and in -person at the appointed time and day in accordance with open meeting laws set and defined by the State of Iowa (Sections 21.2 and 21.8). 1. WELCOME -CALL TO ORDER -The meeting was called to order at 7:00 pm by Mayor Mike Bawden, ROLL CALL -Council Members Present: DCamp (via online), Heddlesten (via online), Littrel (via online), Krell (via online). Absent: Adams. Also present: Mayor Mike Bawden (via online), Engineer Chris Cooper (via online), City Administrator Kent Royster (via online), Riverdale Fire Chief Chris Bernard (in person) and other residents and visitors attending online and in person. 2. APPROVAL OF THE CONSENT AGENDA -Motion by Krell, seconded by Heddlesten. Roll Call: Ayes: Krell, Heddlesten, Littrel. Abstain: DCamp. MC Warrants approved by Consent: CLAIMS REPORT VENDOR AHLERS & COONEY, P.C. AJ GALLAGHER RISK MNG SERV AVENUE RENTAL BETTENDORF OFFICE PRODUCT BOHNSACK & FROMMELT LLP CENTENNIAL CONTRACTORS CITY OF BETTENDORF CITY OF MOLINE DEAN HALSEY DUCK CREEK PANCAKE HOUSE GENESIS OCCUPATION HEALTH HOPKINS & HUEBNER, P.C. IOWA AMERICAN WATER IOWA LEAGUE OF CITIES IOWA ONE CALL K&K TRUE VALUE HARDWARE METRO FIBERNET LLC MID -AMERICAN ENERGY CO. MSA QC WILDLIFE CONTROL LLC QUAD CITY TIMES & JOURNAL REPUBLIC SERVICES TREASURER STATE OF IOWA SCOTT COUNTY LIBRARY SYSTEM WASTE COMM. OF SCOTT CO. Accounts Payable Total GENERAL TIF/URBAN RENEWAL SEWER REFERENCE BELMONT DEVELOPMENT PROPERTIES ANNUAL PREMIUM AND FEES DITCH WITCH MINI SKID BUSINESS CARDS MONTHLY ACCOUNTING- MARCH 2021 TOPSOIL FEBRUARY FUEL CHARGES MUNICIPAL SERVICE- FLEET APRIL 2021 JANITORIAL EASTER EVENT TESTING LEGAL FEES MONTHLY UTILITIES 2021 PROF INSTITUTE NOVEMBER -FEBRUARY EMAILS CHIP BRUSH, PAINT, SPRAY FIBER SERVICE CITY HALL GENERAL ENGINEERING COYOTE REMOVAL MARCH 9, 2021 MINUTES MARCH RECYCLING & RESIDENTIAL SALES/USE PROCESSING SEMIANNUAL TAXES STREET CLEANING AMOUNT 3,903.22 8,698.12 175 49 2,500.00 1,005.00 267.74 513.83 375 1,100.00 160 640 105.95 192 30.6 542.24 102.2 1,254.85 15,768.67 2,600.00 269.89 3,634.20 74 7,966.00 47.26 51,974.77 47,997.55 3,903.22 74 TOTAL FUNDS 51,974.77 Payroll -April 2021 (3 week pay period) Mary Frances Blevins-$12n.72, George Miller -$1109.82, Kent Royster-$1961.46, Katie Enloe -$2244.19 Total -$6527.19 3. PRESENTATIONS AND PROJECT UPDATES See the packet for more detailed reports from the City Administrator, the MSA Engineer, Fire Department, and Public Works. MSA reviewed the Riverdale Park and Trails Assessment Plan, which will be available on the City website and at City Hall. 4. PUBLIC COMMENT ON AGENDA ITEMS -Nothing at this time 5. UNFINISHED BUSINESS -Nothing at this time 6. NEW BUSINESS 6.1 RESOLUTIONS 6.2.1Resolution 2021 -17 -Resolution Accepting the Riverdale Park and Trails Assessment Plan. Moved by DCamp, seconded by Littrel. Roll Ca11: All Ayes. MC 7. ORDINANCES 7.1.1 ORDIANCE 2021-01-2"d Reading of Amendment to Chapter 160-Floodplain Management. Moved by Heddlesten, seconded by Littrel. Roll Call: All Ayes. MC Littrel made a motion to waive the 3`d reading of Ordinance 2021-01 and was seconded by Krell. Roll Ca11: All Ayes. MC 8. OTHER COUNCIL ACTION- Nothing at this time. 9. DISCUSSION AND COMMITTEE REPORTS -Nothing at this time 10. REPORT FROM THE MAYOR -Nothing at this time. 11. GENERAL PUBLIC COMMENT/COMMUNICATIONS TO THE COUNCIL -Nothing at this time 12. ADJOURNMENT Motion to adjourn by Littrel, seconded by Krell. All Ayes. The Regular Meeting of the City Council was formally adjourned at 8:53pm. FOR THE CITY OF RIVERDALE: ATTESTED BY: Michael Bawden, Mayor Katie Enloe, Deputy City Clerk Thu Apr 22, 2021 12:32 PM CLAIMS REPORT Check Range: 4/27/2021- 4/27/2021 Page 1 VENDOR NAME REFERENCE VENDOR CHECK AMOUNT TOTAL CHECK# DATE ADEL WHOLESALERS INC. ADVANCED BUSINESS SYSTEMS AFLAC AMERICAN WATER BETTENDORF OFFICE PRODUCT BI -STATE REGIONAL COMM CENTURY LINK CITY OF BETTENDORF EFTPS PROCESSING CENTER HOMETOWN HEATING & PLUMB IOWA ONE CALL IPERS MID -AMERICAN ENERGY CO. MOO MOO'S ICE CREAM TRUCK QUAD CITY TIMES & JOURNAL S&R LAWNCARE & SNOW REMOVAL STATE OF ILLINOIS STAYLOCK STORAGE - 68 HARTFORD LIFE & ACCIDENT CO. TWINSTATE TECHNICAL SERVICES UMB BANK, N.A. VERIZON VISA RT 1/4-1/2 REPAIR KIT CONTRACT OVERAGE 3/11 TO 4/10 AFLAC-AFTER TAX MONTHLY WATER USEAGE IMPRINTED ENVELOPES MEMBERSHIP DUES MONTHLY TELEPHONE SERVICE FUEL CHARGES - MARCH FED/FICA TAXES PARKS RPZ REPAIR LOCATES - MARCH IPERS GAZEBO UTILITIES SUMMER EVENT 3/23/21 MINUTES SNOW REMOVAL SERVICES STATE TAXES STORAGE UNIT RENTAL FIRE INS RENEWAL MARCH SERVICES 2011 GO CAP LOAN NOTE CITY HALL CELL PHONES TABLES & CART Accounts; Payable Total 140.50 244.45 68.38 15.76 157.00 248.00 240.68 279.88 3,269.15 525.00 55.80 2,295.87 32.76 324.02 365.99 3,920.00 230.97 208.00 2,773.00 2,944.00 310,856.25 103.30 3,237.69 332, 536.45 7552 4/27/21 7553 4/27/21 7578 4/27/21 7554 4/27/21 7555 4/27/21 7556 4/27/21 7557 4/27/21 7558 4/27/21 9225221 4/27/21 7559 4/27/21 7560 4/27/21 7577 4/27/21 7561 4/27/21 7562 4/27/21 7563 4/27/21 7564 4/27/21 7579 4/27/21 7565 4/27/21 7566 4/27/21 7567 4/27/21 7568 4/27/21 7569 4/27/21 7572 4/27/21 APCLAIRP 12.08.20 City of Riverdale IA OPER: KE Thu Apr 22, 2021 12:32 PM CLAIMS REPORT Page 2 CLAIMS FUND SUMMARY FUND NAME AMOUNT APCLAIRP 12.08.20 001 GENERAL 110 ROAD USE TAX 200 DEBT SERVICE 610 SEWER 21, 350.43 61.43 310, 856.25 268.34 TOTAL FUNDS , 332, 536.45 City of Riverdale IA OPER: KE 'RUPDT00 Thu Apr 22, 2021 12:19 PM City of Riverdale IA OPER: KE 12.08.20 PAID THROUGH 4/21/2021 CHECK REGISTER JRNL 1046 CALENDAR 4/2021, FISCAL 10/2021 DATES 4/21/2021 -- 4/27/2021 LAST CHECK OF MONTH HECK NO DATE EMP NO PAY TO THE ORDER OF CHECK AMOUNT CLEARED VOIDED MANUAL PAGE 1 1 QUAD CITY BANK & TRUST 7573 4/27/2021 13 GEORGE T MILLER 7574 4/27/2021 21 MICHAEL T BAWDEN 7575 4/27/2021 28 KENT D ROYSTER 7576 4/27/2021 29 KATIE 3 ENLOE BANK TOTAL 886.40 383.80 1961.46 1533,90 4765.56 REPORT TOTAL 4765.56 Thu Apr 22, 2021 12:33 PM TREASURER'S REPORT Page 1 CALENDAR 4/2021, FISCAL 10/2021 ACCOUNT TITLE LAST MONTH CHANGE IN ENDING END BALANCE RECEIVED DISBURSED LIABILITY BALANCE 001 GENERAL 396,480.06 183,674.80 80,765.76 376.14 499,765.24 002 FEMA DERECHO 110 ROAD USE TAX 55,289.77 57.66 55,232.11 111 I -JOBS 121 LOCAL OPTION SALES TAX 304,022.53 304,022.53 125 TIF/URBAN RENEWAL 309,991,92- 1,542.45 3,903.22 312,352.69- 126 TIF 2 127 TIF 3 128 TIF 4 150 FIRE AWARDS 96.32 96.32 200 DEBT SERVICE 235,160.01 142,713.48 310,856,25 67,017,24 300 CAPITAL IMPROVEMENT LEV 73,518.48 20,155.67 93,674.15 301 CAPITAL RESERVE 334,367.30 334,367,30 302 ROAD REPLACEMENT 51,097.74 51,097.74 303 FIRE EQUIPMENT/REPLACEM 92,505.03 92,505.03 304 2011 CAPITAL PROJECT(BOND 610 SEWER 104,401.73- 796.63 600,08 2.86 104,202.32- 611 SEWER - CAPITAL PROJECT 29,245.61- 29,245.61 - Report Total 1,098,897,98 348,883.03 396,182.97 379.00 1,051,977.04 GLRPTGRP 12/08/20 OPER: KE CITY OF RIVERDALE Statement Writer: 00 Summary By: FUND Thu Apr 22, 2021 12:33 PM BUDGET REPORT CALENDAR 4/2021, FISCAL 10/2021 Page 1 PCT OF FISCAL YTD 813% TOTAL MTD YTD PERCENT ACCOUNT NUMBER ACCOUNT TITLE BUDGET BALANCE BALANCE EXPENDED UNEXPENDED FIRE TOTAL 99,250.00 12,902.14 68,609,75 69.13 30,640.25 ANIMAL CONTROL TOTAL 750,00 2,600.00 2,650.00 353.33 1,900.00 - OTHER PUBLIC SAFETY TOTAL .00 .00 18,459.19 .00 18,459.19 - PUBLIC SAFETY TOTAL 100, 000.00 15, 502.14 89, 718.94 89.72 10, 281.06 ROADS, BRIDGES, SIDEWALKS TOTA 51,132.00 1,251.65 16,108.45 31.50 35,023.55 STREET LIGHTING TOTAL 8,000.00 534.80 4,903.55 61.29 3,096.45 TRAFIC CONTROL & SAFETY TOTAL 5,000.00 80.94 4,209.07 84,18 790.93 SNOW REMOVAL TOTAL 28,501.00 4,042.20 80,611.08 282.84 52,110.08 - STREET CLEANING TOTAL 3,600.00 47.26 3,999.76 111.10 399.76 - GARBAGE TOTAL 48,000.00 3,634.20 39,739.38 82.79 8,260.62 STORM SEWER/DRAINAGE TOTAL 18,100.00 35.12 25,767.94 142.36 7,667,94 - OTHER PUBLIC WORKS TOTAL .00 .00 894.00 ,00 894.00 - PUBLIC WORKS TOTAL 162,333.00 9,626.17 176, 233.23 108.56 13,900.23 - OTHER HEALTH/SOCIAL SERV TOTA .00 .00 5,115.00 .00 5,115.00 - HEALTH & SOCIAL SERVICES TOTA .00 .00 5,115.00 .00 5,115.00 - LIBRARY TOTAL PARKS TOTAL OTHER CULTURE/RECREATION TOTA CULTURE & RECREATION TOTAL 16,000.00 53,000.00 8,000.00 7,966.00 2,516.10 2,095.80 15,932.00 99.58 59,485.44 112,24 7,039.33 87.99 68.00 6,485.44- 960.67 77,000.00 12,577.90 82,456.77 107.09 5,456.77 - COMMUNITY BEAUTIFICATION TOTA 20,000.00 1,674.80 5,402.52 27.01 14,597.48 ECONOMIC DEVELOPMENT TOTAL .00 3,903.22 12,126.22 .00 12,126.22 - PLANNING & ZONING TOTAL 2,500.00 .00 .00 .00 2,500.00 OTHER COMM & ECO DEV TOTAL 7,500.00 3,050.00 3,300.00 44.00 4,200.00 COMMUNITY & ECONOMIC DEV TOTA 30,000.00 8,628.02 20,828.74 69.43 9,171.26 MAYOR/COUNCIL/CITY MGR TOTAL 30,300.00 6,546.98 78,375.40 258.66 48,075.40- CLERK/TREASURER/ADM TOTAL 127,244.00 7,345.60 65,693.78 51.63 61,550.22 ELECTIONS TOTAL 4,000.00 .00 .00 .00 4,000.00 LEGAL SERVICES/ATTORNEY TOTAL 45,000.00 640.00 8,090.00 17.98 36,910.00 CITY HALL/GENERAL BLDGS TOTAL 76,900.00 23,859.83 134,734.78 175.21 57,834.78 - GENERAL GOVERNMENT TOTAL DEBT SERVICES TOTAL DEBT SERVICE TOTAL GLRPTGRP 12/08/20 OPER: KE 283,444.00 38,392.41 286,893.96 101.22 3,449.96- 317,713.00 310,856.25 317,212,50 99.84 500.50 317,713.00 310,856.25 317,212.50 99.84 500.50 CITY OF RIVERDALE Statement Writer: 00 Report Format: FUNCTION Thu Apr 22, 2021 12:33 PM BUDGET REPORT Page 2 CALENDAR 4/2021, FISCAL 10/2021 PCT OF FISCAL YTD 83.3% TOTAL MTD YTD PERCENT ACCOUNT NUMBER ACCOUNT TITLE BUDGET BALANCE BALANCE EXPENDED UNEXPENDED ROADS, BRIDGES, SIDEWALKS TOTA 835,000.00 ,00 331,259.93 39.67 503,740.07 PARKS TOTAL .00 .00 23,550.00 .00 23,550.00 - CAPITAL PROJECTS TOTAL SEWER/SEWAGE DISPOSAL TOTAL ENTERPRISE FUNDS TOTAL TRANSFERS IN/OUT TOTAL TRANSFER OUT TOTAL 835,000.00 .00 354,809.93 42.49 480,190.07 525,000,00 600.08 238,404.18 45.41 286,595.82 525,000.00 600.08 238,404.18 45,41 286,595.82 40,000.00 .00 442,745.51 1,106,86 402,745.51- 40,000.00 .00 442,745.51 1,106.86 402,745.51 - TOTAL EXPENSES BY FUNCTION 2,370,490.00 396,182.97 2,014,418.76 84.98 356,071,24 GLRPTGRP 12/08/20 OPER: KE CITY OF RIVERDALE Statement Writer: 00 Report Format: FUNCTION Thu Apr 22, 2021 12:33 PM REVENUE REPORT Page 1 CALENDAR 4/2021, FISCAL 10/2021 PCT OF FISCAL YTD 83.3% BUDGET MTD YTD PERCENT ACCOUNT NUMBER ACCOUNT TITLE ESTIMATE BALANCE BALANCE RECVD UNCOLLECTED GENERAL TOTAL 376,660.00 183,674,80 651,621,07 173.00 274,961.07 - ROAD USE TAX TOTAL 55,000.00 .00 40,967.98 74.49 14,032.02 LOCAL OPTION SALES TAX TOTAL 110,000.00 .00 109,384.17 99.44 615.83 TIF/URBAN RENEWAL TOTAL 800,000.00 1,542,45 3,532.56 .44 796,467.44 DEBT SERVICE TOTAL 321,713.00 142,713,48 322,202.26 100,15 489.26 - CAPITAL IMPROVEMENT LEVY TOTA 5,000.00 20,155.67 45,810.64 916.21 40,810.64 - CAPITAL RESERVE TOTAL 44,728.00 .00 24,478.49 54.73 20,249.51 ROAD REPLACEMENT TOTAL .00 .00 403,266.92 .00 403,266.92- 2011 CAPITAL PROJECT(BOND TOTA .00 .00 15,014.54 .00 15,014.54 - SEWER TOTAL 625,000,00 796.63 61,273.30 9.80 563,726.70 TOTAL REVENUE BY FUND 2,338,101.00 348,883.03 1,677,551,93 71.75 660,549.07 GLRPTGRP 12/08/20 OPER: KE CITY OF RIVERDALE Statement Writer: 00 Report Format: RFUND Thu Apr 22, 2021 12:34 PM TREASURER'S REPORT Page 1 CALENDAR 3/2021, FISCAL 9/2021 ACCOUNT TITLE LAST MONTH CHANGE IN ENDING END BALANCE RECEIVED DISBURSED LIABILITY BALANCE 002 FEMA DERECHO 110 ROAD USE TAX 53,843.43 1,766.70 320.36 55,289.77 111 I -JOBS 121 LOCAL OPTION SALES TAX 286,018.34 18,004.19 304,022.53 125 TIF/URBAN RENEWAL 296,854.41- 79.49 13,217.00 309,991.92- 126 TIF 2 127 TIF 3 128 TIF 4 150 FIRE AWARDS 96.32 96.32 200 DEBT SERVICE 235,091.96 68.05 235,160.01 300 CAPITAL IMPROVEMENT LEV 73,373.31 145.17 73,518.48 301 CAPITAL RESERVE 334,366.49 .81 334,367.30 302 ROAD REPLACEMENT 51,097.74 51,097.74 303 FIRE EQUIPMENT/REPLACEM 92,505.03 92,505.03 304 2011 CAPITAL PROJECT(BOND 610 SEWER 68,010.87- 9,101,42 45,484.68 7.60- 104,401.73- 611 SEWER - CAPITAL PROJECT 29,245,61- 29,245,61- 001 GENERAL 453,318.19 52,497.92 107,021.39 2,314.66- 396,480.06 Report Total 1,185,599.92 81,663.75 166,043.43 2,322.26- 1,098,897.98 GLRPTGRP 12/08/20 OPER: KE CITY OF RIVERDALE Statement Writer: 00 Summary By: FUND Thu Apr 22, 2021 12:34 PM BUDGET REPORT Page 1 CALENDAR 3/2021, FISCAL 9/2021 PCT OF FISCAL YTD 75.0% TOTAL MTD YTD PERCENT ACCOUNT NUMBER ACCOUNT TITLE BUDGET BALANCE BALANCE EXPENDED UNEXPENDED FIRE TOTAL 99,250.00 25;736.84 55,707.61 56.13 43,542.39 ANIMAL CONTROL TOTAL 750.00 .00 50.00 6.67 700.00 OTHER PUBLIC SAFETY TOTAL .00 .00 18,459.19 .00 18,459.19 - PUBLIC SAFETY TOTAL 100,000.00 25,736.84 74,216.80 74.22 25,783.20 ROADS, BRIDGES, SIDEWALKS TOTA 51,132.00 6,726.08 14,856.80 29.06 36,275.20 STREET LIGHTING TOTAL 8,000.00 559.82 4,368.75 54.61 3,631.25 TRAFIC CONTROL & SAFETY TOTAL 5,000.00 1,637.19 4,128.13 82.56 871.87 SNOW REMOVAL TOTAL 28,501.00 25,777.81 76,568.88 268.65 48,067.88 - STREET CLEANING TOTAL 3,600.00 105.48 3,952.50 109.79 352.50 - GARBAGE TOTAL 48,000.00 7,242.39 36,105.18 75.22 11,894.82 STORM SEWER/DRAINAGE TOTAL 18,100.00 258.37 25,732.82 142.17 7,632.82 - OTHER PUBLIC WORKS TOTAL .00 639.00 894.00 .00 894.00 - PUBLIC WORKS TOTAL OTHER HEALTH/SOCIAL SERV TOTA HEALTH & SOCIAL SERVICES TOTA 162,333.00 42,946.14 166,607.06 102.63 4,274.06- .00 .00 5,115.00 ,00 5,115.00- .00 .00 5,115.00 .00 5,115.00 - LIBRARY TOTAL 16,000.00 .00 7,966.00 49.79 8,034.00 PARKS TOTAL 53,000.00 1,132.80 56,969.34 107.49 3,969.34 - OTHER CULTURE/RECREATION TOTA 8,000.00 150.00 4,943.53 61.79 3,056.47 CULTURE & RECREATION TOTAL 77,000.00 1,282.80 69,878.87 90.75 7,121.13 COMMUNITY BEAUTIFICATION TOTA 20,000.00 .00 3,727.72 18.64 16,272.28 ECONOMIC DEVELOPMENT TOTAL .00 1,819.00 8,223.00 .00 8,223.00 - PLANNING & ZONING TOTAL 2,500.00 .00 .00 .00 2,500.00 OTHER COMM & ECO DEV TOTAL 7,500.00 .00 250.00 3.33 7,250.00 COMMUNITY & ECONOMIC DEV TOTA 30, 000.00 1,819.00 12,200.72 40.67 17,799.28 MAYOR/COUNCIL/CITY MGR TOTAL 30,300.00 11,108.68 71,828.42 237.06 41,528.42- CLERK/TREASURER/ADM TOTAL 127,244.00 4,942.78 58,348.18 45.86 68,895.82 ELECTIONS TOTAL 4,000.00 .00 .00 .00 4,000.00 LEGAL SERVICES/ATTORNEY TOTAL 45,000.00 720.00 7,450.00 16.56 37,550.00 CITY HALL/GENERAL BLDGS TOTAL 76,900.00 20,604.51 110,874.95 144.18 33,974.95 - GENERAL GOVERNMENT TOTAL DEBT SERVICES TOTAL DEBT SERVICE TOTAL 283,444.00 37,375.97 248,501.55 87.67 34,942.45 317,713.00 .00 6,356.25 2.00 311,356.75 317,713.00 .00 6,356.25 2.00 311,356.75 GLRPTGRP 12/08/20 OPER: KE CITY OF RIVERDALE Statement Writer: 00 Report Format: FUNCTION Thu Apr 22, 2021 12:34 PM BUDGET REPORT CALENDAR 3/2021, FISCAL 9/2021 Page 2 PCT OF FISCAL YTD 75.0% TOTAL MTD YTD PERCENT ACCOUNT NUMBER ACCOUNT TITLE BUDGET BALANCE BALANCE EXPENDED UNEXPENDED ROADS, BRIDGES, SIDEWALKS TOTA 835,000.00 11,398.00 331,259.93 39.67 503,740,07 PARKS TOTAL .00 ,00 23,550.00 ,00 23,550.00 - CAPITAL PROJECTS TOTAL 835,000.00 11,398,00 354,809,93 42.49 480,190.07 SEWER/SEWAGE DISPOSAL TOTAL ENTERPRISE FUNDS TOTAL TRANSFERS IN/OUT TOTAL TRANSFER OUT TOTAL 525,000.00 45,484,68 237,804.10 45.30 287,195.90 525,000.00 45,484,68 237,804,10 45.30 287,195.90 40,000.00 .00 442,745,51 1,106.86 402,745.51- 40,000.00 .00 442,745.51 1,106.86 402,745.51 - TOTAL EXPENSES BY FUNCTION 2,370,490.00 GLRPTGRP 12/08/20 OPER: KE CITY OF RIVERDALE 166,043.43 1,618,235.79 68.27 752,254.21 Statement Writer: 00 Report Format: FUNCTION Thu Apr 22, 2021 12:34 PM REVENUE REPORT Page 1 CALENDAR 3/2021, FISCAL 9/2021 PCT OF FISCAL YTD 75.0% BUDGET MTD YTD PERCENT ACCOUNT NUMBER ACCOUNT TITLE ESTIMATE BALANCE BALANCE REND UNCOLLECTED GENERAL TOTAL 376,660.00 52,497.92 467,946,27 124.24 91,286.27 - ROAD USE TAX TOTAL 55,000.00 1,766.70 40,967.98 74.49 14,032.02 LOCAL OPTION SALES TAX TOTAL 110,000.00 18,004.19 109,384.17 99.44 615.83 TIF/URBAN RENEWAL TOTAL 800,000.00 79.49 1,990.11 ,25 798,009.89 DEBT SERVICE TOTAL 321,713.00 68.05 179,488.78 55.79 142,224.22 CAPITAL IMPROVEMENT LEVY TOTA 5,000.00 145.17 25,654.97 513.10 20,654.97 - CAPITAL RESERVE TOTAL 44,728.00 .81 24,478.49 54.73 20,249.51 ROAD REPLACEMENT TOTAL .00 .00 403,266.92 .00 403,266.92- 2011 CAPITAL PROJECT(BOND TOTA .00 ,00 15,014.54 .00 15,014.54 - SEWER TOTAL 625,000.00 9,101.42 60,476.67 9.68 564,523.33 TOTAL REVENUE BY FUND 2,338,101.00 81,663.75 1,328,668.90 56.83 1,009,432.10 GLRPTGRP 12/08/20 OPER: KE CITY OF RIVERDALE Statement Writer: 00 Report Format: RFUND Administrative Summary April 21, 2021 Memorandum Date: April 20, 2021 To: Mayor Mike Bawden Members of the City Council From: City Administrator Kent Royster Re: Administrative Notes (23 March — 9 April 2021) Greeting all, 1. GovDeals.com We have drafted a resolution to allow staff to sell accept the highest bidder for $2,000.00. The experience selling the surplus equipment was administratively easy process. It was a great way to ensure that the City can properly excise all surplus property. Bid History Auction Start Rate. 07 Apr 2021 02:45 PM CT Auction End Date' 21 Apr 2021 04:03 PM CT Asset ID. 1 USerisi Bid Date/lime lype,t3id Amount Apr 2021 03.`58:03.937 PM CT USD `$2,000.00 Apr 2021015629.327 PM CT USD $1,900.04 21 Apr 2021 03;!53.16.200 PM CT USD $1,800.00 21 Apr 2021 03:51:48w247 PM CT USD $1,505,00 21 Apr 2021 11191,51.913AM CT USD $775,00 21 Apr 202104:49:40 3 AM CT USD $600.00 20 Apr 2021 08.39:49.820AM CT USD $550:00 Apr 2021 07:57:29.783 PM CT USD $500.00 Apr202107:57:08:927PM CT USD $400_0Q Apr 2021 07:29:26.223 PM CT USD $320,00 Apr 2021 04:41:44.147 PM CT USD $310.00 Administrative Summary April 21, 2021 2. Tentative Planning & Zoning Meeting There has been a tentative Planning and Zoning meeting set for May loth. On the agenda depending on your actions tonight and guidance could be 1. Amendment to the Comprehensive Plan to allow for 6 units. Which will allow the Zoning Code and Comprehensive Plan to be in conformity. 2. A Potential Rezoning 3. Preliminary Plat for Belmont LLC 4. Acceptance of Phase II of Woods Subdivision 5. Preliminary Plat for Woods Subdivision Phase III 3. Park Maintenance I met with Quercus last week. We discussed a one month work plan for landscaping activities. The Invasive Species Walk will take place May 8th at io AM. All interested parties should meet at City Hall. The walk will take about an hour. The final Invasive Species Report will be given at the May lrth Council Meeting. The week of May 26th Quercus in cooperation with the City of Riverdale Staff will be rehabilitating all landscaping at City Hall. We will be removing the existing trees on the southside of City Hall. Repairing and resetting the retaining blocks, spreading new mulch and planting new plants. The City will be replacing trees. In addition to the work to be performed at City Hall. Quercus is to provide an estimate to redo the bed at southeast corner of Bi-Centennial. S & R is mowing. They will be mowing the corners of Madison Dr and 2 to 3 passes up Madison Dr. 3. Update on Fenno Drive Iowa American Water has completed an Agreement. I have attached a copy of the agreement for your review and information. The City Atty and the City Engineer have also reviewed the agreement. I will be sending it back to Iowa American Water after this council meeting pending your comments. Iowa American Water has begun the design phase. The engineer on record is j + m engineering. Administrative Summary April 21, 2021 4. IMFOA I attended the IMFOA conference in Des Moines on Thursday and Friday. The main reason I wished to attend to hear about updates regarding COVID and virtual meetings. 5. Woods Subdivision Phase II According to Chris Cooper outstanding issues regarding Phase II have NOT been rectified. A sampling of those issues are: 1. There is a slab of a roadway with animal tracks 2. The constructed roadway curb does not conform to the project plans, City of Riverdale published standard details, or the curb type constructed in the first addition. The constructed curb appears to be a City of Bettendorf standard detail. I am going to recommend to Planning and Zoning Commission that they recommend to Council that a variance. However, it will be important that we attempt to maintain consistency between Phase II and Phase III. 3. A small portion of roadway pavement has footprints. 4. Many sanitary sewer laterals and water service lines are located right on the property lines of adjacent properties. We have addressed this issue with the Builders' permit. We are currently attempting to work with the builders to get compliance with taking out the necessary permits. 5. Woods Phase III I have been informed by j+m engineering that Chris Cooper and the City will receive phase III on May 5th. The City will need to provide easements for Iowa American Water and Mid American Energy from Fieldcrest Drive into 6. Resolution 2021-17 Purchasing Policy This resolution is tied to FEMA grant. The City currently has a very limited purchasing policy. The State of Iowa FEMA is suggesting that we update and broaden out current policy. 2117 State Street Suite 200 Bettendorf, IA 52722 P (563) 445-3501 TF (888) 732-6321 F (563) 445-3503 www,msa-ps com MSA April 6, 2021 Mr. Michael Bawden City Mayor City of Riverdale 110 Manor Drive Riverdale, Iowa 52722 Re: Woods Estates - Addition 2 City of Riverdale Dear Mayor Bawden: The City of Riverdale's new subdivision requirements, including the required roadway and curb sections, are codified in the City of Riverdale's Subdivision Ordinance. Therefore, please note that acceptance of the constructed burb will require a variance from City Ordinances by an approved City Council resolution. It is unfortunate that the curb sections were constructed to a standard other than the City requirements in this phase of the development. With the understanding that MSA does represent the City and not developers working within City limits, we do offer the following points for City Council's consideration when deliberating the aforementioned variance resolution. • Existing constructed curbs within Havens Acres and the Fenno area are similar to the type of curb Mr. Woods constructed. • The Riverdale subdivision curb sections in Addition 1 have taken a beating from plowing the past two winters. Perhaps a mountable curb section will not damage as easily from plowing (See photos on next page). • Removing the constructed curb within Woods Estates — Addition 2, and replacing it with the curb section identified in the City's Subdivision Ordinance, will result in a roadway that has been sawcut and patched on both sides of the roads for the entire length of the new roadways. The result will be a roadway that has been patched almost immediately. This patched roadway will be structurally inferior to the currently constructed roadway. • Removing the constructed curb and constructing the City required curb section identified in the City Subdivision Ordinance, will be very expensive. If Council determines the constructed curbs for Addition 2 are acceptable, please note that the curb sections within this development will not be standardized. However, going forward, Council should determine what curb section will be required for the remaining portion of the development. This information should be clarified before plans for future additions are submitted and approved. © 2021 MSA Processional Services G:110110876110876077\Correspondence110876077 210406 Constructed Curb.docx Page 2 City Mayor City of Riverdale April 5, 2021 Photographs of damage to Woods Estates -Addition 1 curbs from 2020 - 2021 winter plowing Respectfully Yours, MSA Professional Services, Inc. Christian R. Cooper, P.E., CPESC. Project Engineer CO 2021 MSA Professional Services G:\10\10876\10876077\Correspondence\10876077 210406 Constructed Curb.dac,, 2117 State Street Suite 200 Bettendorf, IA 52722 P (563) 445-3501 TF (888) 732-6321 F (563) 445-3503 www,msa-ps com MSA April 8, 2021 Michael Bawden City Mayor City of Riverdale 110 Manor Drive Riverdale, Iowa 52722 Re: Storm Sewer Dedication Woods Estates Additions 1 and 2 Dear Mayor Bawden: MSA recommends the City of Riverdale accept dedication of the following storm sewers and associated structures: Storm Sewer Structures Addition 1 STM IN -36, STM IN -35, AND STM IN -17 Addition 2 STM IN -44, STM IN -43, STM IN -41-B, STM IN 41-C, STM IN -41 A, STM IN -42, STM IN -41, STM UIN-40, STM IN -50, STM IN -38-A, SIM IN -38, and STM IN -37 Please note that that the recommendation to accept a storm sewer or storm sewer structure is based on the following: 1. A visual inspection to confirm the storm water structure was constructed at the location specified. 2. A visual inspection to confirm the storm water structure was constructed as specified. 3. A visual inspection of the intakes to ascertain if sedimentation within the storm sewer may be an issue. 4. A review to determine if upstream connection(s) to the storm sewer is expected with future phases. For recommended storm sewers, see Table Number 1 on next page. @ 2021 MSA Professional Services G:t101108761108760771Correspondence110876077 210408 Recommended Storm Sewer Acceptance.doce Page 2 City Mayor City of Riverdale April 7, 2021 Storm Sewers: Table Number 1: Recommended Dedicated Storm Sewers Intake Intake Length (LF) Diameter (IN) IN -44 IN 43 31 12 IN -43 IN -41-A 258 12 IN -41-B IN -41-A 31 12 IN -41-C IN -41-A 46 12 IN -41-A IN -41 192 18 IN -42 IN -41 31 24 IN -41 IN -36 215 30 IN -40 IN -50 47 15 IN -38-A IN -38 130 12 IN -38 IN -37 31 18 IN -37 MH-12 6 P4 IN -36 IN -35 288 30 IN -35 IN -17 215 30 IN -17 IN -16 31 30 Please let us know if you have any questions. Respectfully Yours, MS Professional Services, Inc. Christian R. Cooper, P.E., CPESC. Project Engineer Enclosures ® 2021 MSA Professional Services G:\10\10876\10876012\Correspondence\10076077210408 Recommended Sturm Sewer Acceptance.doce P� MSA PROJECT UPDATE A Review of MSA Projects in Your Community City of Riverdale, IA CLIENT LIAISONS: Kevin Bailey, PE, Team Leader & Office Manager Phone: (563) 424-3701 Email: nwagner@msa-ps.com Christian R. Cooper, PE, CPESC. Phone: (563) 424-3696 Email: ccooper@msa-ps.com DATE: APRIL 27, 2021 WATER MAIN BREAK ON FENNO ROAD MSA will assist in the review of the construction plans prepared on behalf of the Iowa American Company. MSA will submit a proposal for construction observation services. WOODS ESTATES - ADDITION 2 As requested by the City Administrator, MSA will provide copies of all review letters and documents to the City, Mr. Woods, and Mr. Wood's engineer. MSA observed sanitary sewer manhole testing. All the manholes, except for one, have passed. SANITARY SEWER REHABILITATION PROJECT — PHASE 2 MSA has made significant progress on the Riverdale plans for this project. At this time, the City of Panorama Park is still considering what specific sewers they want to rehabilitate. BELMONT ROAD TOWN HOMES MSA is holding on any further effort for this possible project. PROJECT UPDATE Page 1 of 2 MSA P:110800s110870s1108761PROJECT UPDATES & MEETINGS1210427 Riverdale Project Update.docx PROJECT UPDATE BELMONT ROAD URBAN RENEWAL PLAN City of Riverdale, IA April 27, 2021 MSA prepared the legal description and exhibits. MSA is currently waiting for the next City steps in this project. COLLEGE DRIVE STORM WATER DRAINAGE ASSESSMENT MSA is holding on this project. PARKS MASTER PLANNING DOCUMENT AND DESIGN ASSISTANCE This project is now closed. However, if needed, MSA is always willing to assist interpretation or guidance in the future. MISCELLANEOUS PROJECT UPDATE Page 2 of 2 MSA P.110800st10870s110876tPROJECT UPDATES & MEETINGS 1210427 Riverdale Project Update.docx Report Date: April 19, 2021 To: Members of the City Council Mayor Mike Bawden From: Fire Chief Chris Bernard Re: Report to Council for 4-5-21 to 4-19-2021 Calls: Fire and EMS call activity for the period included the following: • 4-6-21 Fire alarm at PVHS 604 Belmont Rd. • 4-17-21 EMS with Princeton fire • 4-7-21 EMS with Princeton fire Training: • Vehicle preventative maintenance • Fire pump/hydrant operation training • Hose loading practice and training • Training burn with Princeton Fire Department Other Items: • Cleaned dirt off pavement and watered grass seed at Bicentennial park • Station cleanup City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 • (563) 355-2511 • www.riverdaleiowa.com Task name Task description Start time End time Parks Duration Duration In hours Note Apr 4, 2021 at 8:00:00 AM Apr 4, 2021 at 9:00:00 AM 1:00:00 Parks Apr 5, 2021 at 7:30:00 AM Apr 5, 2021 at 3:00:00 PM 7:30:00 1 Lower saltl cls anrp(Leclaire pickedms eemail Building Apr 5, 2021 at 3:00:00 PM Apr 5, 2021 at 3:30:28 PM 7.5 Finel clean up (Leclaire up) p p 0:30:28 0.507775 One call tickets Building Apr 6, 2021 at 9:00:00 AM Apr 6, 2021 a29:30:00 AM 0:30:00 Parks Apr 6, 2021 at 9:30:00 AM Apr 6, 2021 at 3:00:00 PM 0.5 One oll tickets Building Apr 7, 2021 at 9:00:00 AM Apr 7, 2021 at 3:00:00 PM 6:00:00 5.5 Scraping kiosk prepping for painting Parks Apr 8, 2021 at 9:00:00 AM Apr 8, 2021 at 10:00:00 AM 1:00:00 6 One call tickets Building Apr 8, 2021 at 10:00:00 AM Apr 8, 2021 at 11:00:00 AM 1:00:00 1 One flags back to full staff kets Parks Apr 8, 2021 at 11:00:00 AM Apr 8, 2021 at 3:00:00 PM 4:00:00 1 Finish and Building Apr 9, 2021 at 9:30:00 AM Apr 9, 2021 at 10:30:00 AM 1:00:00 4 OFinishcall sanding and priming kiosk Parks Apr 9, 2021 at 10:30:00 AM Apr 9, 2021 at 3:00:00 PM 4:30:00 1 One tickets Building Apr 9, 2021 at 3:00:00 PM Apr 9, 2021 at 3:30:00 PM 0:30:00 4.5 A. Bubble ted at removed from yellow 0.5 Agenda posted at kiosks Tag Task name Task description Start time End time Duration Duration in hours Note Building Apr 12, 2021 at 11:30:00 AM Apr 12, 2021 at 2:00;00 PM 2:30:00 2.5 One call tickets Parks Apr 12, 2021 at 2:00:00 PM Apr 12, 2021 at 3:00:00 PM 1:00:00 1 Clean off MRT between Valley and Fenno Storm Water Apr 12, 2021 at 3:00:00 PM Apr 12, 2021 at 4:00:00 PM 1:00:00 1 Woods Estates Inspection Building Apr 13, 2021 at 9:00:00 AM Apr 13, 2021 at 11:00:00 AM 2:0000 20ne call tickets Storm Water Woods Apr 13, 2021 at 11:00:00 AM Apr 13, 2021 at 12:00:00 PM 1:00:00 1 Woods Estates Inspection report put together and emalled Apr 13, 2021 at 12:00:00 PM Apr 13, 2021 at 2:00:00 PM 2:00:00 20riveways et 425 Elizabeth Way arid 216 Ann Ave Parks Apr 13, 2021 at 2:00:00 PM Apr 13, 2021 at 3:00:00 PM 1:00:00 poured without Building Apr Iq, 2021 at 8:00:00 AM Apr 14, 2021 at 8:30:00 AM 0:30;00 0.5 Enna Hs Streets Apr 14, 2021 at 8:30:00 AM Apr 14, 2021 at 3:00:00 PM 6:30:00 6.5 Pick up a load of UPM from Tr' Clty Blacktop Building Apr 14, 2021 at 3:00:00 PM Apr 14, 2021 at 3:30:00 PM 0:30:00 0.5 Turn In UPM tickets Building Apr 15, 2021 at 8:00:00 AM Apr 15, 2021 at 9:00:00 AM 1:00:00 1 Emalls Streets Apr 15, 2021 at 9:00:00 AM Apr 15, 2021 at 300:00 PM 6:00:00 6 Last of UPM used for potholes on Fenno Dr Parks Apr 16, 2021 at 7:30:00 AM Apr 16, 2021 at 9:30:00 AM 2:00:00 2 Flags lowered per Buildln governors order for 150 Sgt l Smith g Aprlb, 2021 at 9:30:00 AM Apr 16, 2021 at 130:00 PM 4:00:00 gone call tickets Parks Apr 16, 2021 at 1:30:00 PM Apr 16, 2021 at 2:30:00 PM 1:00:00 1 Change out flag at Volunteer Park with assistance from RFD Building Apr 16, 2021 at 2:30:00 PM Apr 16, 2021 at 3:30:00 PM 1:00:00 1 Delivered packets to Adams and LIttrel3E`^s Tag Task name Duration Duration in hours Duration in percentage Streets 12:30:00 12.5 37.88% Building 11:30:00 11.5 34.85% Parks 5:00:00 5 15.15% Storm Water 2:00:00 2 6.06% Woods 2:00:00 2 6.06% Task name Duration Duration in hours Duration in percentage Parks 23:30:00 23.5 71.20% Building 9:30:28 9.5077777 28.80% Task name Task description Start time End time Str eets Apr 17, 2021 at 2:00:00 PM Apr 17, 2021 at 3:00:00 PM Building Apr 19, 2021 at 8:00:00 AM Apr 19, 2021 at 9:00:00 AM Streets Apr 19, 2021 at 9:00:00 AM Apr 19, 2021 at 11:00:00 AM Buildi ng Apr 19, 2021 at 11:00:00 AM Apr 19, 2021 at 2:00:00 PM Streets Apr 19, 2021 at 2:00:00 PM Apr 19, 2021 at 3:00:00 PM Building Apr 20, 2021 at 8:00:00 AM Apr 20, 2021 at 9:00:00 AM Vacation/Holiday Apr 20, 2021 at 9:00:00 AM Apr 20, 2021 at 3:00:00 PM V acation/Holiday Apr 21, 2021 at 8:00:00 AM Apr 21 , 2021 at 3:00:00 PM Building Apr 22 , 2021 at 8:00:00 AM Apr 22, 2021 at 12:00:00 PM Parks Apr 22, 2021 at 12:00:00 PM Apr 22, 2021 at 2:00:00 PM Building Apr 22, 2021 at 2:00:00 PM Apr 22, 2021 at 3:00:00 PM Durati on Duration in hours N ote 1:00:00 1 Picked up old TV from Littr ela€'s 1:00:00 1 O ne call tickets 2:00:00 2 Pick up r efrigerator on Kensington and take to landfill 3:00:00 3 Pictures of tabl es and chairs for Kent 1:00:00 1 Swe eper started and warm ed up 1:00:00 1 One call tickets 6:00:00 6 Bereavement 7:00:00 7 Ber ea vement 4:00:00 4 One call tickets 2:00:00 2 Made rounds thru parks and bike path- litter and branch clean up 1:00:00 1 O ne call tickets Tag ITEMS TO INCLUDE ON AGENDA CITY OF RIVERDALE, IOWA April 20, 2021 7:00 P.M. Fenno Drive Urban Renewal Plan • Public hearing on the proposed Fenno Drive Urban Renewal Plan • Resolution determining an area of the City to be an economic development and blighted area, and that the rehabilitation, conservation, redevelopment, development or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the City; designating such area as appropriate for urban renewal projects; and adopting the Fenno Drive Urban Renewal Plan • Consideration of Ordinance for the division of revenues under Section 403.19, Code of Iowa, for Fenno Drive Urban Renewal Plan IMPORTANT INFORMATION 1. The above agenda items should be included, along with any other agenda items, in the meeting agenda. The agenda should be posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting. If no such office exists, the notice must be posted at the building in which the meeting is to be held. 2. If you do not now have a bulletin board designated as above mentioned, designate one and establish a uniform policy of posting your notices of meeting and tentative agenda. 3. Notice and tentative agenda must be posted at least 24 hours prior to the commencement of the meeting. NOTICE MUST BE GIVEN PURSUANT TO CHAPTER 21, CODE OF IOWA, AND THE LOCAL RULES OF THE CITY. April 20, 2021 The City Council of the City of Riverdale, State of Iowa, met in session, at 7:00 P.M., on the above date. There were present Mayor , in the chair, and the following named Council Members: Absent: Vacant: This being the time and place fixed for a public hearing on the matter of the adoption of the proposed Fenno Drive Urban Renewal Plan, the Mayor first reminded the Council of the report filed with the Council at its March 23, 2021 meeting with respect to the consultation meeting held with the affected taxing entities on March 2, 2021 to discuss the proposed Plan. The Council was informed that one written recommendation was received from affected taxing entities, received from the County, on or about March 5, 2021. The City sent a written response to the County on , 2021. The report of the Mayor, or his delegate, with respect to the consultation, a copy of the written recommendation the County, and a copy of the City's written response to the County were placed on file for consideration by the Council. The City also was informed that the proposed Plan had been approved by the Planning and Zoning Commission as being in conformity with the general plan for development of the City as a whole, as set forth in the minutes or report of the Commission. The Commission's report or minutes were placed on file for consideration by the Council. The Mayor then asked the City Clerk whether any written objections had been filed with respect to the proposed Plan, and the City Clerk reported that written objections thereto had been filed. The Mayor then called for any oral objections to the adoption of the Fenno Drive Urban Renewal Plan and were made. The public hearing was then closed. {Attach summary of objections here} ii Council Member then introduced the following Resolution entitled "RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AND BLIGHTED AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR URBAN RENEWAL PROJECTS; AND ADOPTING THE FENNO DRIVE URBAN RENEWAL PLAN" and moved: that the Resolution be adopted. to defer action on the Resolution and the proposal to the meeting to be held at .M. on the day of , 2021, at this place. Council Member seconded the motion. The roll was called, and the vote was: AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. iii RESOLUTION NO. 2021-13 RESOLUTION DETERMINING AN AREA OF THE CITY TO BE ECONOMIC DEVELOPMENT AND BLIGHTED AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR URBAN RENEWAL PROJECTS; AND ADOPTING THE FENNO DRIVE URBAN RENEWAL PLAN WHEREAS, this Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law; and WHEREAS, a Fenno Drive Urban Renewal Plan ("Plan" or "Urban Renewal Plan") for the Fenno Drive Urban Renewal Area ("Area" or "Urban Renewal Area") described below has been prepared, which proposed Plan has been on file in the office of the City Clerk and which is incorporated herein by reference; and WHEREAS, this proposed Urban Renewal Area includes and consists of: Part of the Northeast Quarter of the Northeast Quarter, part of the Southeast Quarter of the Northeast Quarter, and part of the Northeast and Southeast Quarter of Section 23, Township 78 North, Range 4 East of the Fifth Principal Meridian, City of Riverdale, Scott County, Iowa, more particularly described as follows: Beginning at the Northwesterly corner of Parcel Number 84232330211; thence southeasterly along the Northerly line of said Parcel Number 84232330211 to the Northwesterly corner of Parcel Number 8423230151; thence Southeasterly along the Northerly line of said Parcel Number 8423230151 to the Northwesterly corner of Parcel Number 8423230141; thence Southeasterly along the Northerly line of said Parcel Number 8423230141 to the Northeasterly corner of said Parcel Number 8423230141; thence Southerly along the Easterly line of said Parcel Number 8423230141 to the Northerly line of Parcel Number 842323007; thence Northeasterly along the Northerly line of said Parcel Number 842323007 to the Northeasterly corner of said Parcel Number 842323007; thence Southwesterly along the Easterly line of said Parcel Number 842323007 to the Southeasterly corner of said Parcel Number 842323007; thence Westerly along the Southerly line of said Parcel Number 842323007 to the North end of the Easterly right of way line of Fenno Drive; thence Southerly along the Easterly right of way line of Fenno Drive to the Northerly right of way line of Fenno Road; thence Southeasterly along the Northerly right of way line of Fenno Road to the Westerly right of way line of Valley Drive; thence Southwesterly along the Westerly right of way line of Valley Drive to the Northeasterly corner of Parcel Number 842326104-2; thence Southwesterly along the Easterly line of said Parcel Number 842326104-2 to the 1 Southeasterly corner of said Parcel Number 842326104-2; thence Northwesterly along the Southerly line of said Parcel Number 842326104-2 to the Southwesterly corner of said Parcel Number 842326104-2; thence Northeasterly along the Westerly line of said Parcel Number 842326104-2 to the Southerly right of way line of Fenno Road; thence Northwesterly along the Southerly right of way line of Fenno Road to the Easterly right of way line of Fenno Drive; thence Southerly along the Easterly right of way line of Fenno Drive to a point 75 feet South of the centerline of said Fenno Road; thence Westerly at a right angle to the last described course to the Westerly right of way line of Fenno Drive; thence Northerly along the Westerly right of way line of Fenno Drive to the Southerly line of Parcel Number 84232330211; thence Northwesterly along the Southerly line of said Parcel Number 84232330211 to the Southwesterly corner of said Parcel Number 84232330211; thence Northerly along the Westerly line of said Parcel Number 84232330211 to the point of beginning. WHEREAS, it is desirable that the Urban Renewal Area be redeveloped as described in the proposed Urban Renewal Plan to be known hereafter as the "Fenno Drive Urban Renewal Plan"; and WHEREAS, the Iowa statutes require the City Council to submit the proposed Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the general plan for development of the City as a whole, prior to City Council approval thereof; and WHEREAS, creation of the Urban Renewal Area and adoption of the Urban Renewal Plan therefore has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for development of the City as a whole, as evidenced by its written report and recommendation filed herewith, which report and recommendation is hereby accepted, approved in all respects and incorporated herein by this reference; and WHEREAS, by resolution adopted on February 23, 2021, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Urban Renewal Plan and the division of revenue described therein, and that notice of the consultation and a copy of the proposed Urban Renewal Plan be sent to all affected taxing entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City Council on March 2, 2021, and all required responses to the recommendations made by the affected taxing entities have been timely made, filed herewith and incorporated herein by this reference, which are in all respects approved; and WHEREAS, pursuant to notice published as required by law, this Council opened a public meeting and hearing upon the proposal to authorize and adopt the proposed Urban Renewal Plan, at the March 23, 2021 Council meeting, which was continued to this meeting of the Council, and City staff subsequently published an additional notice of the public hearing stating the date and time of this Council meeting; and 2 WHEREAS, in accordance with the notice, all persons or organizations desiring to be heard on the proposed Urban Renewal Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and the public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, STATE OF IOWA: Section 1. That the findings and conclusions set forth or contained in the proposed "Fenno Drive Urban Renewal Plan" for the area of the City of Riverdale, State of Iowa, legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the "Fenno Drive Urban Renewal Area"), be and the same are hereby adopted and approved as the findings of this Council for this area. Section 2. This Council further finds: a) Although relocation is not expected, a feasible method exists for the relocation of any families who will be displaced from the Urban Renewal Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; b) The Urban Renewal Plan conforms to the general plan for the development of the City as a whole; and c) Acquisition by the City is not immediately expected, however, as to any areas of open land to be acquired by the City included within the Urban Renewal Area: i. Residential use is expected and with reference to those portions thereof which are to be developed for residential uses, this City Council hereby determines that a shortage of housing of sound standards and design with decency, safety and sanitation exists within the City; that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; and that one or more of the following conditions exist: a. That the need for housing accornrnodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area. b. That conditions of blight in the municipality and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime, so as to constitute a menace to the public health, safety, morals, or welfare. c. That the provision of public improvements related to housing and residential development will encourage housing and residential development which is necessary to encourage the retention or relocation of industrial and commercial enterprises in this state and its municipalities. 3 d. The acquisition of the area is necessary to provide for the construction of housing for low and moderate income families. ii. Non-residential use is not expected, however, with reference to any portions thereof which are to be developed for non-residential uses, such non- residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3. That the Urban Renewal Area is an economic development and blighted area within the meaning of Chapter 403, Code of Iowa; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403, Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That the Urban Renewal Plan, attached hereto as Exhibit 1 and incorporated herein by reference, be and the same is hereby approved and adopted as the "Fenno Drive Urban Renewal Plan for the Fenno Drive Urban Renewal Area"; the Urban Renewal Plan for such area is hereby in all respects approved; and the City Clerk is hereby directed to file a certified copy of the Urban Renewal Plan with the proceedings of this meeting. Section 5. That, notwithstanding any resolution, ordinance, plan, amendment or any other document, the Urban Renewal Plan shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. Said Urban Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Scott County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this 20th day of April, 2021. Mayor ATTEST: City Clerk Label the Plan as Exhibit 1 (with all exhibits) and attach it to this Resolution. 4 ATTACH THE PLAN LABELED AS EXHIBIT 1 HERE CERTIFICATE STATE OF IOWA ) SS COUNTY OF SCOTT I, the undersigned City Clerk of the City of Riverdale, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2021. City Clerk, City of Riverdale, State of Iowa (SEAL) 01855419-1\22647-012 FENNO DRIVE URBAN RENEWAL PLAN for the FENNO DRIVE URBAN RENEWAL AREA CITY OF RIVERDALE, IOWA March 2021 Revised Final Version TABLE OF CONTENTS SECTION A. INTRODUCTION B. DESCRIPTION OF THE URBAN RENEWAL AREA C. AREA DESIGNATION D. HISTORY AND PURPOSE E. BASE VALUE F. DEVELOPMENT PLAN G. PLAN OBJECTIVES H. TYPES OF RENEWAL ACTIVITIES I. ELIGIBLE URBAN RENEWAL PROJECTS J. FINANCIAL INFORMATION K. URBAN RENEWAL FINANCING L. PROPERTY ACQUISITION/DISPOSITION M. RELOCATION N. PROPERTY WITHIN AN URBAN REVITALIZATION AREA O. STATE AND LOCAL REQUIREMENTS P. SEVERABILITY Q. URBAN RENEWAL PLAN AMENDMENTS R. EFFECTIVE PERIOD EXHIBITS A. LEGAL DESCRIPTION OF FENNO DRIVE URBAN RENEWAL AREA B. FENNO DRIVE URBAN RENEWAL AREA MAP 2 Revised Final Version Fenno Drive Urban Renewal Plan for the Fenno Drive Urban Renewal Area City of Riverdale, Iowa A. INTRODUCTION The Fenno Drive Urban Renewal Plan ("Plan" or "Urban Renewal Plan") for the Fenno Drive Urban Renewal Area ("Area" or "Urban Renewal Area") has been developed to help local officials alleviate blighting conditions and influences and promote commercial economic development in the City of Riverdale, Iowa (the "City"). In order to achieve this objective, the City intends to undertake Urban Renewal activities pursuant to the powers granted to it under Chapter 403 of the Code of Iowa, as amended. B. DESCRIPTION OF THE URBAN RENEWAL AREA The Urban Renewal Area is described in Exhibit "A" and illustrated in Exhibit "B." The City reserves the right to modify the boundaries of the Area at some future date. C. AREA DESIGNATION With the adoption of this Plan, the City designates this Urban Renewal Area as a mixed area containing property designated as blighted that is suitable for blight remediation activities, and property designated as appropriate for commercial economic development. D. HISTORY AND PURPOSE The Urban Renewal Area is being created in order to remediate blighting influences and to promote commercial economic development in the Area. For the purposes of urban renewal, Iowa Code Section 403.17(5) (2019) defines a "blighted area" as follows: "Blighted area" means an area of a municipality within which the local governing body of the municipality determines that the presence of a substantial number of slum, deteriorated, or deteriorating structures; defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; insanitary or unsafe conditions; deterioration of site or other improvements; diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land; defective or unusual conditions of title; or the existence of conditions which endanger life or property by fire and other causes; or any combination of these factors; substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, or welfare in its present condition and use. A disaster area referred to in section 403.5, subsection 7, 3 Revised Final Version constitutes a "blighted area". "Blighted area" does not include real property assessed as agricultural property for purposes of property taxation. In August 2020, a blight assessment was completed on properties within the proposed Urban Renewal Area. The findings of the blight assessed were reported in the Engineering Assessment for Slum & Blight Inventory — August 2020. The report evaluated individual properties within the Area based on blighting factors considered under the Community Development Block Grant (CDBG) criteria. The report also evaluated infrastructure within the Area. The Engineering Assessment for Slum & Blight Inventory — August 2020 report identified a number of conditions that contribute to a "blighted area" under Iowa Code Section 403.17(5), including: • Fenno Drive is a deteriorating roadway with a defective and/or inadequate layout because it is not sized appropriately for emergency vehicle traffic. • The exterior structural elements of some residential structures in the Area, including foundations, decks, and porches, show signs of deterioration or aging, which create unsafe conditions. • Photos in the report evidence the overgrowth of vegetation and mold around and on several structures in the Area, which can contribute to the deterioration of improvements. In the course of preparing this Plan, City staff evaluated current conditions within the Area and identified the following additional conditions within the Area which are consistent with a "blighted area": • The layout of lots in the Area is faulty in relation to accessibility, as several lots within the Urban Renewal Area are not easily accessible for emergency vehicles. Furthermore, the faulty layout of the lots and inadequate size of Fenno Drive create conditions which endanger life and property by fire and other causes because emergency vehicles cannot appropriately respond to fires or other emergencies in this Area. Accordingly, these combined conditions impair the sound growth of the City in this Area and present a menace to the public health, safety, and welfare. • There are vacant/abandoned structures within the Area. Vacant structures are prone to deterioration and can house unknown dangerous conditions. Based in part on the conditions confirmed to exist within the Area by the Engineering Assessment for Slum & Blight Inventory — August 2020 report and by City staff review of current conditions (as summarized above), the City Council has determined that the Urban Renewal Area qualifies as a blighted area under Section 403.17(5) of the Code of Iowa (2019). Accordingly, the City Council has designated the Urban Renewal Area as a blighted area as well as an economic development area suitable for commercial economic development. E. BASE VALUE If the Urban Renewal Area is legally established, a Tax Increment Financing (TIF) Ordinance is adopted, and debt is certified prior to December 1, 2021, the taxable valuation as of January 1, 2020, will be considered the frozen "base valuation" of the taxable property within that area 4 Revised Final Version covered by the TIF ordinance. If a TIF Ordinance is not adopted until a later date, or debt is not first certified prior to December 1, 2021, the frozen "base value" will be the assessed value of the taxable property within that 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 on the Area. F. DEVELOPMENT PLAN Riverdale has a general plan for the physical development of the City as a whole, outlined in the 2012-2032 Comprehensive Plan, adopted November 7, 2012. The goals and objectives proposed in this Plan, and the urban renewal projects described herein, are in conformity with the land use policies and plans for the development of the City as a whole established in the 2012-2032 Comprehensive Plan. The Urban Renewal Plan does not in any way replace the City's current land use planning or zoning regulation process. The land being included in the Urban Renewal Area is currently zoned as R-1 residential, but may be rezoned to R-2 multi -family, if needed, in accordance with the City's standard zoning processes. The need, if any, for improved traffic, public transportation, public utilities, recreational and community facilities, or other public improvements within the Urban Renewal Area is set forth in this Plan. As the Area continues to develop, the need for public infrastructure extensions and upgrades will be evaluated and planned for by the City. G. PLAN OBJECTIVES Renewal activities are designed to eliminate blighting influences and to provide opportunities, incentives, and sites for community economic development purposes. More specific objectives for development, revitalization, and alleviation of blight conditions within the Urban Renewal Area are as follows: 1. To eliminate blighting influences and promote revitalization, through public action and commitment, or by providing incentives to private persons or businesses, to acquire, rehabilitate, renovate, demolish, and/or redevelop existing structures or property. 2. To achieve a diversified, well-balanced economy providing a desirable standard of living, creating job opportunities, and strengthening the tax base. 3. To plan for and provide sufficient land for commercial development and for redevelopment of blighted properties in a manner that is efficient from the standpoint of providing municipal services. 4. To help develop a sound economic base that will serve as the foundation for future growth, development, and revitalization. 5 Revised Final Version 5. To provide for the installation and upgrade of public works, infrastructure, storm water, sanitary sewer treatment, water treatment, and related facilities which alleviate blighting influences and contribute to the development of the Area. 6. To provide a more marketable and attractive investment climate through the use of various federal, state, and local incentives. 7. To stimulate through public action and commitment, private investment in new development in order to revitalize the community. 8. To enhance the health, safety, living environment, general character, and general welfare of Riverdale, Iowa. 9. To promote development utilizing any other objectives allowed by Chapter 403 of the Code oflowa. H. TYPES 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 Chapter 403 and Chapter 15A, Code oflowa including, but not limited to, tax increment financing. Activities may include: 1. To undertake and carry out urban renewal projects through the execution of contracts and other instruments, including blight remediation projects. 2. To acquire property through a variety of means (purchase, lease, option, etc.) and to hold, clear, or prepare the property for redevelopment. 3. To dispose of property so acquired. 4. To provide for the construction of site -specific improvements, such as grading and site preparation activities, access roads and parking, fencing, utility connections, and related activities. 5. To demolish existing blighted structures and to clear property for future development in order to alleviate blighting conditions. 6. To arrange for or cause to be provided the construction or repair of public infrastructure, and facilities including, but not limited to, streets and sidewalks, traffic lights, pedestrian safety measures, water mains, sanitary sewers, storm sewers, or other public facilities in connection with urban renewal projects which serve to revitalize the Area and alleviate blighting conditions and/or promote development within the Area. 7. To make loans, forgivable loans, grants, tax rebate payments, or other types of grants or incentives to private persons or businesses for economic development, revitalization or blight remediation purposes, on such terms as may be determined by the City Council. 6 Revised Final Version 8. 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. 9. To use tax increment revenues to help leverage grants, loans, or other assistance from the state and federal governments (such as providing the local match for such assistance) in support of projects or businesses that advance the objectives of this plan. 10. To borrow money and to provide security therefor. 11. To make or have made surveys and plans necessary for the implementation of the Urban Renewal Plan or specific urban renewal projects. 12. To fund or help finance programs that will directly benefit blight remediation. 13. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic and housing conditions for the City of Riverdale and the State of Iowa. 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. I. ELIGIBLE URBAN RENEWAL PROJECTS Although certain project activities may occur over a period of years, the eligible urban renewal projects under this Urban Renewal Plan include: 1. Public Improvement Projects: A. Reconstruction of Fenno Drive: The City expects to undertake the reconstruction of the portion of Fenno Drive included within the Area. The reconstruction project will remediate blighting conditions in the Area, as the current layout of Fenno Drive and surrounding lots makes Fenno Drive too narrow for emergency vehicle traffic to reach several lots. The City's costs for this project are anticipated not to exceed $391,000. B. Reconstruction of Fenno Road: The City expects to undertake the reconstruction of the portion of Fenno Road included within the Area. Fenno Road is currently in poor condition and has a steep grade. The steep grade, combined with the current surfacing of the road, creates difficulty for drivers attempting to stop at the intersection of Valley Drive, particularly in wintery or wet weather conditions. The reconstruction project will remediate blighting conditions in the Area, by resurfacing the road. The City's costs for this project are anticipated not to exceed $215,000. 2. Land Acquisition and/or Redevelopment — 1147 Fenno Drive: The City may consider acquiring the property locally known as 1147 Fenno Drive in order to facilitate the redevelopment of the property, or the City may offer an incentive to a private entity willing to 7 Revised Final Version acquire the 1147 Fenno Drive property and rehabilitate it for more beneficial uses. The City's costs for this project are anticipated not to exceed $265,000. 3. Development Agreements: A. Development Agreement with Windmiller Design Build, Inc. (or related entity): The City expects to consider a development agreement with Windmiller Design Build, Inc. (or a related entity) for the construction of a 12 -unit apartment complex, and all related site improvements. Construction for this project is anticipated to be completed in 2021. In exchange for the obligations of Windmiller Design Build Inc. (or a related entity) under the agreement, the City expects to make up annual payments of Economic Development Grants to Windmiller Design Build, Inc. (or a related entity) in the form of Tax Increment rebates. The Economic Development Grants would be funded through tax increment generated by the construction of the apartment complex. The costs of this agreement are not to exceed $436,000. B. Future Development Agreements: The City expects to consider requests for development agreements for projects that are consistent with this Plan, in the City's sole discretion. Such agreements are unknown at this time, but based on past history, and dependent on development opportunities and climate, the City expects to consider a broad range of incentives as authorized by this Plan, including but not limited to land, loans, grants, tax rebates, infrastructure assistance and other incentives. The costs of such development agreements will not exceed $425,000. 4. Planning, Engineering Fees (for Urban Renewal Plans), Attorney Fees, Administrative, and Other Related Costs to Support Urban Renewal Projects and Planning: Project Estimated Date Estimated Cost to be Funded by TIF Funds Fees and Costs Undetermined Not to Exceed $85,000 J. FINANCIAL INFORMATION 1. July 1, 2020, Constitutional Debt Limit $4,803,761 2. Current Outstanding General Obligation Debt $305,000 3. Proposed amount of indebtedness to be incurred: A specific amount of debt to be incurred for the Eligible Urban Renewal Projects has not yet been deteuuined. This document is for planning purposes only. The estimated project costs in this Plan are estimates only and will be incurred and spent over a number of years. In no event will the City's constitutional debt limit be exceeded. The City Council will consider each project proposal on a case -by - case basis to determine if it is in the City's best interest to $1,817,000 This does not include financing cohistsh related to debt issuance, incurred over the lifew cof themay ee Area. 8 Revised Final Version participate before approving an urban renewal project or expense. It is further expected that such indebtedness, including interest on the same, may 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 Eligible Urban Renewal Projects as described above will be approximately as stated in the next column: K. URBAN RENEWAL FINANCING The City of Riverdale intends to utilize various financing tools, such as those described below to successfully undertake the proposed urban renewal actions. The City has the statutory authority to use a variety of tools to fmance physical improvements within the Area. These include: A. Tax Increment Financing. Under Section 403.19 of the Code of Iowa, urban renewal areas may utilize the tax increment financing mechanism to finance the costs of public improvements, economic development incentives, or other urban renewal projects. Upon creation of a tax increment district within the Area, by ordinance, the assessment base is frozen and the amount of tax revenue available from taxes paid on the difference between the frozen base and the increased value, if any, is segregated into a separate fund for the use by the City to pay costs of the eligible urban renewal projects. The increased taxes generated by any new development, above the base value, are distributed to the taxing entities, if not requested by the City, and in any event upon the expiration of the tax increment district. B. General Obligation Bonds. Under Division III of Chapter 384 and Chapter 403 of the Code of Iowa, the City has the authority to issue and sell general obligation bonds for specified essential and general corporate purposes, including the acquisition and construction of certain public improvements within the Area or incentives for development consistent with this Plan. Such bonds are payable from the levy of unlimited ad valorem taxes on all the taxable property within the City. It may be, the City will elect to abate some or all of the debt service on these bonds with incremental taxes from this Area. The City may also determine to use tax increment financing to provide incentives such as cash grants, loans, tax rebates, or other incentives to developers or private entities in connection with the urban renewal projects identified in this Plan. In addition, 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 grants of public funds to private businesses located in the Area for urban renewal projects. Alternatively, the City may determine to use available funds for making such loans or grants or other incentives related to urban renewal projects. In any event, the City may determine to use tax increment financing to reimburse the City for any obligations or advances. 9 Revised Final Version 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. L. PROPERTY ACQUISITION/DISPOSITION The City will follow any applicable requirements for the acquisition and disposition of property within the Urban Renewal Area. M. RELOCATION The City does not expect there to be any relocation required of residents or businesses as part of the proposed urban renewal project; however, if any relocation is necessary, the City will follow all applicable relocation requirements. N. PROPERTY WITHIN AN URBAN REVITALIZATION AREA The Urban Renewal Area may (now or in the future) also be located within an established Urban Revitalization Area. Properties within the Urban Renewal Area shall not be eligible for tax abatement under an Urban Revitalization Plan without the Riverdale City Council's specific approval. The City Council, at its sole discretion, shall determine which incentives are available through either: (a) this Plan for urban renewal incentives, if any urban renewal incentives are offered by the City, at the City Council's sole discretion; or (b) tax abatement incentives through the City's Urban Revitalization Plan(s); or (c) a combination of urban renewal incentives and tax abatement incentives. O. STATE AND LOCAL REOUIREMENTS The City will comply with all State and local laws related to implementing this Urban Renewal Plan and its supporting documents. P. SEVERABILITY In the event one or more provisions contained in the Urban Renewal Plan shall be held for any reason to be invalid, illegal, unauthorized, or unenforceable in any respect, such invalidity, illegality, un-authorization, or unenforceability 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. Q. 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, adding or deleting land, adding or amending urban renewal projects, or modifying goals or types of renewal activities. 10 Revised Final Version The City Council may amend this Plan in accordance with applicable State law. R. EFFECTIVE PERIOD This Urban Renewal Plan will become effective upon its adoption by the City Council and shall remain in effect until terminated by the City Council. Notwithstanding anything to the contrary in the Urban Renewal Plan, during the life of this Plan, the City Council may designate all or any portion of the property covered by this plan as a "tax increment area." The Urban Renewal Area is designated as a mixed area for the promotion of both economic development, as well as blight remediation and therefore, the Urban Renewal Area has no statutory sunset under Iowa Code Section 403.19 (2021). The division of revenue shall continue on the Urban Renewal Area for the maximum period allowed by law. 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 Code of Iowa) 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. 11 Revised Final Version EXHIBIT A LEGAL DESCRIPTION OF FENNO DRIVE URBAN RENEWAL AREA Part of the Northeast Quarter of the Northeast Quarter, part of the Southeast Quarter of the Northeast Quarter, and part of the Northeast and Southeast Quarter of Section 23, Township 78 North, Range 4 East of the Fifth Principal Meridian, City of Riverdale, Scott County, Iowa, more particularly described as follows: Beginning at the Northwesterly corner of Parcel Number 84232330211; thence southeasterly along the Northerly line of said Parcel Number 84232330211 to the Northwesterly corner of Parcel Number 8423230151; thence Southeasterly along the Northerly line of said Parcel Number 8423230151 to the Northwesterly corner of Parcel Number 8423230141; thence Southeasterly along the Northerly line of said Parcel Number 8423230141 to the Northeasterly corner of said Parcel Number 8423230141; thence Southerly along the Easterly line of said Parcel Number 8423230141 to the Northerly line of Parcel Number 842323007; thence Northeasterly along the Northerly line of said Parcel Number 842323007 to the Northeasterly corner of said Parcel Number 842323007; thence Southwesterly along the Easterly line of said Parcel Number 842323007 to the Southeasterly corner of said Parcel Number 842323007; thence Westerly along the Southerly line of said Parcel Number 842323007 to the North end of the Easterly right of way line of Fenno Drive; thence Southerly along the Easterly right of way line of Fenno Drive to the Northerly right of way line of Fenno Road; thence Southeasterly along the Northerly right of way line of Fenno Road to the Westerly right of way line of Valley Drive; thence Southwesterly along the Westerly right of way line of Valley Drive to the Northeasterly corner of Parcel Number 842326104-2; thence Southwesterly along the Easterly line of said Parcel Number 842326104-2 to the Southeasterly corner of said Parcel Number 842326104-2; thence Northwesterly along the Southerly line of said Parcel Number 842326104-2 to the Southwesterly corner of said Parcel Number 842326104-2; thence Northeasterly along the Westerly line of said Parcel Number 842326104-2 to the Southerly right of way line of Fenno Road; thence Northwesterly along the Southerly right of way line of Fenno Road to the Easterly right of way line of Fenno Drive; thence Southerly along the Easterly right of way line of Fenno Drive to a point 75 feet South of the centerline of said Fenno Road; thence Westerly at a right angle to the last described course to the Westerly right of way line of Fenno Drive; thence Northerly along the Westerly right of way line of Fenno Drive to the Southerly line of Parcel Number 84232330211; thence Northwesterly along the Southerly line of said Parcel Number 84232330211 to the Southwesterly corner of said Parcel Number 84232330211; thence Northerly along the Westerly line of said Parcel Number 84232330211 to the point of beginning. 12 Revised Final Version EXHIBIT B MAP OF FENNO DRIVE URBAN RENEWAL AREA BELMONT ROAD URBAN DEVELOPMENT PLAN EXHIBIT CITY OF RIVERDALE, SCOTT COUNTY, IOWA Point Of Beginning WINDMILLER CITY OF RIVERDALE SCOTT COUNTY. IOWA BACKGROUND LINE WORK FROM SCOTT COUNTY GIS � MSA CITY OF RIVERDALE EXHIBIT ,C -97S 1 CF 01761489-1\22647-012 13 Revised Final Version RESOLUTION NO. 2021-14 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RIVERDALE AND BELMONT DEVELOPMENT PROPERTIES, LLC WHEREAS, by Resolution No. , adopted March 23, 2021, this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Fenno Drive Urban Renewal Plan (the "Urban Renewal Plan" or "Plan") for the Fenno Drive Urban Renewal Area (the "Urban Renewal Area" or "Area") described therein, which Plan will be filed in the office of the Recorder of Scott County; and WHEREAS, it is desirable that properties within the Area be redeveloped as part of the overall redevelopment area covered by said Plan; and WHEREAS, the City has received a proposal from Belmont Development Properties, LLC (the "Developer"), in the form of a proposed Development Agreement (the "Agreement") by and between the City and the Developer, pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement) consisting of Housing Units; Infrastructure Improvements to serve the Housing Units including streets, sanitary sewer, and storm sewer; and all related site improvements, on certain real property located within the proposed Urban Renewal Area as defined and legally described in the Agreement (the "Development Property"), all as outlined in the proposed Agreement; and WHEREAS, the Agreement further proposes that, under the terms and following Developer's satisfaction of the conditions set forth in the Agreement, the City will make up to sixteen (16) annual payments of Economic Development Grants to Developer, in the amount of 80% of the Tax Increment generated by the construction of the Minimum Improvements and collected pursuant to Iowa Code Section 403.19, starting the first fiscal year in which the Tax Increments are collected and ending after (i) sixteen (16) annual Economic Development Grants have been paid, (ii) the maximum cumulative total of the Economic Development Grants has been paid, or (Hi) the Agreement is terminated pursuant to its terms, whichever is sooner; the maximum cumulative total for all Economic Development Grants not to exceed $300,000; and WHEREAS, the Agreement also proposes that Developer and the City will enter into a Minimum Assessment Agreement with the County setting the minimum actual value of the Minimum Improvements for tax purposes at not less than $2,070,000; and WHEREAS, Chapters 15A and 403, Code of Iowa, authorize cities to make grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 15A and 403, Code of Iowa, taking into account any or all of the factors set forth in Chapter 15A, Code of Iowa, to wit: a. Businesses that add diversity to or generate new opportunities for the Iowa economy should be favored over those that do not. b. Development policies in the dispensing of the funds should attract, retain, or expand businesses that produce exports or import substitutes, or which generate tourism -related activities. c. Development policies in the dispensing or use of the funds should be targeted toward businesses that generate public gains and benefits, which gains and benefits are warranted in comparison to the amount of the funds dispensed. d. Development policies in dispensing the funds should not be used to attract a business presently located within the state to relocate to another portion of the state unless the business is considering in good faith to relocate outside the state or unless the relocation is related to an expansion which will generate significant newiob creation. Jobs created as a result of other jobs in similar Iowa businesses being displaced shall not be considered direct jobs for the purpose of dispensing funds; and WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to approve and authorize execution of the Agreement and has considered the extent of objections received from residents or property owners as to said proposed Agreement; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RIVERDALE IN THE STATE OF IOWA: Section 1. That the performance by the City of its obligations under the Agreement, including but not limited to making of grants to the Developer in connection with the development of the Development Property under the terms set forth in the Agreement, be and is hereby declared to be a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 15A and 403, Code of Iowa, taking into account the factors set forth therein. Section 2. That the foinn and content of the Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. PASSED AND APPROVED this 23rd day of March, 2021. Mike Bowden, Mayor ATTEST: Katie Enloe, Deputy City Clerk CERTIFICATE STATE OF IOWA SS COUNTY OF SCOTT I, the undersigned City Clerk of the City of Riverdale, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2021. City Clerk, City of Riverdale, State of Iowa (SEAL) 01843290-1\22647-013 Passed and approved this 23rd day of March 2021. City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 • (563) 355-2511 • www.riverdaleiowa.com ITEMS TO INCLUDE ON AGENDA CITY OF RIVERDALE, IOWA April 20, 2021 7:00 P.M. Fenno Drive Urban Renewal Plan • Public hearing on the proposal to enter into a Development Agreement with Belmont Development Properties, LLC. • Resolution approving and authorizing execution of a Development Agreement by and between the City of Riverdale and Belmont Development Properties, LLC. IMPORTANT INFORMATION 1. The above agenda items should be included, along with any other agenda items, in the meeting agenda. The agenda should be posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting. If no such office exists, the notice must be posted at the building in which the meeting is to be held. 2. If you do not now have a bulletin board designated as above mentioned, designate one and establish a uniform policy of posting your notices of meeting and tentative agenda. 3. Notice and tentative agenda must be posted at least 24 hours prior to the commencement of the meeting. NOTICE MUST BE GIVEN PURSUANT TO CHAPTER 21, CODE OF IOWA, AND THE LOCAL RULES OF THE CITY. April 20, 2021 The City Council of the City of Riverdale in the State of Iowa, met in session, at 7:00 P.M., on the above date. There were present Mayor chair, and the following named Council Members: in the Absent: Vacant: * * * * * * * * * i The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the proposal to approve and authorize execution of a Development Agreement by and between the City of Riverdale and Belmont Development Properties, LLC, and that notice of the proposed action by the Council to enter into said Agreement had been published pursuant to the provisions of Section 362.3, Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposed action. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) ii The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RIVERDALE AND BELMONT DEVELOPMENT PROPERTIES, LLC", and moved: that the Resolution be adopted. ❑ to defer action on the Resolution and the proposal to the meeting to be held at .M. on the day of , 2021, at this place. Council Member seconded the motion. The roll was called, and the vote was: AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. iii RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RIVERDALE AND BELMONT DEVELOPMENT PROPERTIES, LLC WHEREAS, by Resolution No. , adopted April 20, 2021, this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Fenno Drive Urban Renewal Plan (the "Urban Renewal Plan" or "Plan") for the Fenno Drive Urban Renewal Area (the "Urban Renewal Area" or "Area") described therein, which Plan will be filed in the office of the Recorder of Scott County; and WHEREAS, it is desirable that properties within the Area be redeveloped as part of the overall redevelopment area covered by said Plan; and WHEREAS, the City has received a proposal from Belmont Development Properties, LLC (the "Developer"), in the form of a proposed Development Agreement (the "Agreement") by and between the City and the Developer, pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement) consisting of Housing Units; Infrastructure Improvements to serve the Housing Units including streets, sanitary sewer, and storm sewer; and all related site improvements, on certain real property located within the proposed Urban Renewal Area as defined and legally described in the Agreement (the "Development Property"), all as outlined in the proposed Agreement; and WHEREAS, the Agreement further proposes that, under the terms and following Developer's satisfaction of the conditions set forth in the Agreement, the City will make up to sixteen (16) annual payments of Economic Development Grants to Developer, in the amount of 80% of the Tax Increment generated by the construction of the Minimum Improvements and collected pursuant to Iowa Code Section 403.19, starting the first fiscal year in which the Tax Increments are collected and ending after (i) sixteen (16) annual Economic Development Grants have been paid, (ii) the maximum cumulative total of the Economic Development Grants has been paid, or (iii) the Agreement is terminated pursuant to its terms, whichever is sooner; the maximum cumulative total for all Economic Development Grants not to exceed $300,000; and WHEREAS, the Agreement also proposes that Developer and the City will enter into a Minimum Assessment Agreement with the County setting the minimum actual value of the Minimum Improvements for tax purposes at not less than $2,070,000; and WHEREAS, Chapters 15A and 403, Code of Iowa, authorize cities to make grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is 1 a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic developrnent activities and objectives of the City within the meaning of Chapters 15A and 403, Code of Iowa, taking into account any or all of the factors set forth in Chapter 15A, Code of Iowa, to wit: a. Businesses that add diversity to or generate new opportunities for the Iowa economy should be favored over those that do not. b. Development policies in the dispensing of the funds should attract, retain, or expand businesses that produce exports or import substitutes, or which generate tourism - related activities. c. Development policies in the dispensing or use of the funds should be targeted toward businesses that generate public gains and benefits, which gains and benefits are warranted in comparison to the amount of the funds dispensed. d. Development policies in dispensing the funds should not be used to attract a business presently located within the state to relocate to another portion of the state unless the business is considering in good faith to relocate outside the state or unless the relocation is related to an expansion which will generate significant new job creation. Jobs created as a result of other jobs in similar Iowa businesses being displaced shall not be considered direct jobs for the purpose of dispensing funds; and WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to approve and authorize execution of the Agreement and has considered the extent of objections received from residents or property owners as to said proposed Agreement; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF RIVERDALE IN THE STATE OF IOWA: Section 1. That the performance by the City of its obligations under the Agreement, including but not limited to making of grants to the Developer in connection with the development of the Development Property under the terms set forth in the Agreement, be and is hereby declared to be a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 15A and 403, Code of Iowa, taking into account the factors set forth therein. Section 2. That the fora and content of the Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers, and that from and after the 2 execution and delivery of the Agreement, the Mayor and the City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. PASSED AND APPROVED this 20th day of April, 2021. Mayor ATTEST: City Clerk 3 CERTIFICATE STATE OF IOWA COUNTY OF SCOTT ) SS I, the undersigned City Clerk of the City of Riverdale, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the records of the City showing proceedings of the Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of the Council hereto affixed this day of , 2021. (SEAL) 01855447-1\22647-013 City Clerk, City of Riverdale, State of Iowa AGREEMENT FOR PRIVATE DEVELOPMENT By and Between THE CITY OF RIVERDALE, IOWA AND BELMONT DEVELOPMENT PROPERTIES, LLC ,2021 Execution Version AGREEMENT FOR PRIVATE DEVELOPMENT THIS AGREEMENT FOR PRIVATE DEVELOPMENT ("Agreement"), is made on or as of the day of , 2021, by and between the CITY OF RIVERDALE, IOWA, a municipality ("City"), established pursuant to the Code of Iowa of the State of Iowa and acting under the authorization of Chapters 15A and 403 of the Code of Iowa, 2021, as amended ("Urban Renewal Act"), and Belmont Development Properties, LLC, an Iowa limited liability company ("Developer"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for economic development and blight remediation in an area of the City and, in this connection, on March 23, 2021, adopted the Fenno Drive Urban Renewal Plan (the "Urban Renewal Plan") for purposes of carrying out urban renewal project activities in an area known as the Fenno Drive Urban Renewal Area (the "Urban Renewal Area"); and WHEREAS, a copy of the foregoing Urban Renewal Plan has been or will be recorded among the land records in the office of the Recorder of Scott County, Iowa; and WHEREAS, the Developer owns or will own certain real property located in the foregoing Urban Renewal Area as more particularly described in Exhibit A attached hereto and made a part hereof (which property as so described is hereinafter referred to as the "Development Property"); and WHEREAS, the Developer intends to cause certain Minimum Improvements (as further described herein) to be constructed on the Development Property in the Urban Renewal Area; and WHEREAS, the City believes that the development of the Development Property pursuant to this Agreement and the fulfillment generally of this Agreement, are in the vital and best interests of the City and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I. DEFINITIONS Section 1.1. Definitions. In addition to other definitions set forth in this Agreement, all capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Exec:" on Version -2- assigns. Agreement means this Agreement and all exhibits and appendices hereto, as the same may be from time to time modified, amended, or supplemented. Belmont Development Properties, LLC TIE Account means a separate account within the Fenno Drive Urban Renewal Area Tax Increment Revenue Fund of the City in which there shall be deposited Tax Increment received by the City with respect to the Minimum Improvements and Development Property. City means the City of Riverdale, Iowa, or any successor to its functions. Code means the Code of Iowa, 2021, as amended. County means the County of Scott, Iowa. Developer means Belmont Development Properties, LLC and its permitted successors and Development Property means that portion of the Fenno Drive Urban Renewal Area of the City described in Exhibit A hereto. Economic Development Grants means the payments to be made by the City to Developer under Article VIII of this Agreement. Event of Default means any of the events described in Section 9.1 of this Agreement. Fenno Drive Urban Renewal Area Tax Increment Revenue Fund means the special fund of the City created under the authority of Section 403.19(2) of the Code and the Ordinance, which fund was 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 Chapters 15A, 403, or 384 of the Code, incurred by the City to finance or refinance in whole or in part projects undertaken pursuant to the Urban Renewal Plan for the Urban Renewal Area. First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by the Developer from a commercial lender or other financial institution to fund any portion of the construction costs and initial operating capital requirements of the Minimum Improvements, or all such Mortgages as appropriate. Homebuyer means the person or persons who purchase a Housing Unit. Housing Unit means dwelling units to be constructed, as part of multi -residential structures, on lots within the Development Property. Indemnified Parties means the City and the governing body members, officers, agents, servants, and employees thereof. Execution Version -3- Infrastructure Improvements means any public improvements which the Developer is required to complete in connection with the platting of the Development Property in order to make development of the Housing Units possible. Minimum Actual Value means the minimum actual value of the Minimum Improvements on the Development Property (land and building(s) value) as set forth in the Minimum Assessment Agreement (Exhibit D). Minimum Assessment Agreement means the minimum assessment agreement in the form of Exhibit D attached hereto. Minimum Improvements means the certain Housing Units on the Development Property and any Infrastructure Improvements completed by the Developer, as more particularly described in Exhibits B and B-1 to this Agreement. Mortgage means any mortgage or security agreement in which the Developer has granted a mortgage or other security interest in the Development Property, or any portion or parcel thereof, or any improvements constructed thereon. Ordinance means the Ordinance of the City under which the taxes levied on the taxable property in the Urban Renewal Area shall be divided and a portion paid into the Fenno Drive Urban Renewal Area Tax Increment Revenue Fund. Project shall mean the construction of the Minimum Improvements and the other obligations of the Developer described in this Agreement. State means the State of Iowa. Tax Increment means the property tax revenues on the on the taxable portions of the Development Property and the Minimum Improvements divided and made available to the City for deposit in the Belmont Development Properties, LLC Account of the Fenno Drive Urban Renewal Area Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance. Termination Date means the date this Agreement terminates, as established in Section 10.9 of this Agreement. Unavoidable Delays means delays resulting from acts or occurrences outside the reasonable control of the party claiming the delay including but not limited to stonns, floods, fires, explosions, or other casualty losses, unusual weather conditions, strikes, boycotts, lockouts, or other labor disputes, litigation commenced by third parties, or the acts of any federal, State, or local governmental unit (other than the City with respect to the City's obligations). Urban Renewal Area shall mean the area known as the Fenno Drive Urban Renewal Area, which is designated in the Urban Renewal Plan as an economic development area that is -4- Execution Version appropriate for the provision of public improvements related to housing and residential development. Urban Renewal Plan means the Fenno Drive Urban Renewal Plan, as may be amended, approved in respect of the Fenno Drive Urban Renewal Area, described in the preambles hereof. ARTICLE II. REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of the City. The City makes the following representations and warranties: a. The City is a municipal corporation and political subdivision organized under the provisions of the Constitution and the laws of the State and has the power to enter into this Agreement and carry out its obligations hereunder. b. 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 breach of, the terms, conditions, or provisions of any contractual restriction, evidence of indebtedness, agreement, or instrument of whatever nature to which the City is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. c. All covenants, stipulations, promises, agreements, and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and obligations of the City only, and not of any governing body member, officer, agent, servant, or employee of the City in the individual capacity thereof. Section 2.2. Representations and Warranties of Developer. The Developer makes the following representations and warranties: a. Belmont Development Properties, LLC is an Iowa limited liability company duly organized and validly existing under the laws of the State of Iowa, and has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. b. This Agreement has been duly and validly authorized, executed, and delivered by Developer and, assuming due authorization, execution, and delivery by the City, is in full force and effect and is a valid and legally binding instrument of Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization, or other laws relating to or affecting creditors' rights generally. c. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions, or provisions of the governing documents of -5- Execution Version Developer or of any contractual restriction, evidence of indebtedness, agreement, or instrument of whatever nature to which Developer is now a parry or by which it or its property is bound, nor do they constitute a default under any of the foregoing. d. There are no actions, suits, or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by 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 or operations of Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. e. Developer has not received any notice from any local, State, or federal official that the activities of Developer with respect to the Development Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has previously been notified in writing). Developer is not currently aware of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State, or federal environmental law, regulation, or review procedure applicable to the Development Property, and Developer is not currently aware of any violation of any local, State, or federal environmental law, regulation, or review procedure which would give any person a valid claim under any State or federal environmental statute with respect thereto. f. Developer has firm commitments for construction or acquisition and permanent financing for the Project in an amount sufficient, together with equity commitments, to successfully complete the Project. g. Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal, or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. h. Developer expects that construction of the Minimum Improvements will cost approximately $2,070,000. 1. The Developer would not undertake its obligations under this Agreement without the potential for payment by the City of the Economic Development Grants being made to the Developer pursuant to this Agreement. ARTICLE III. CONSTRUCTION OF MINIMUM IMPROVEMENTS, TAXES Section 3.1. Construction of Minimum Im rovements. a. Subject to Unavoidable Delays, the Developer shall cause construction of the Minimum Improvements to be undertaken and completed by December 31, 2022, or such other date as the parties mutually agree upon in writing. Time lost as a result of Unavoidable Delays shall be added to extend this date by a number of days equal to the number of days lost as a result of Unavoidable Delays. Execution Version -6- b. The Developer agrees that it will cause the Minimum Improvements to be constructed on the Development Property in conformance with all applicable federal, State, and local laws, ordinances, and regulations, including any City permit and/or building requirements. All work with respect to the Minimum Improvements shall be in conformity with any plans approved and/or permits issued by the building official(s) of the City, which approvals and issuances shall be made according to normal City processes for such plans and permits. The Developer agrees that the scope and scale of the Minimum Improvements shall not be significantly less than the scope and scale as described in this Agreement. The Developer agrees that it shall permit designated representatives of the City, upon reasonable notice to the Developer (which does not have to be written), to enter upon the Development Property during the construction of the Minimum Improvements to inspect such construction and the progress thereof. Section 3.2. Completion and Dedication of Infrastructure Improvements; Bonding Requirements. a. Subject to Unavoidable Delays, the Developer shall cause construction of the Infrastructure Improvements to be undertaken and completed by December 31, 2022, or such other date as is required by the City's standard platting processes. Time lost as a result of Unavoidable Delays shall be added to extend this date by a number of days equal to the number of days lost as a result of Unavoidable Delays. b. Upon completion of the Infrastructure Improvements, Developer shall notify City of such completion and the City shall inspect the Infrastructure Improvements. If (i) the Infrastructure Improvements have been completed in conformance with all applicable federal, State, and local laws and regulations, including all City ordinances and land use requirements, and (ii) the City is in receipt of copies of the maintenance bonds required by Section 3.2(c) for such improvements, then the City shall accept dedication of the conforming Infrastructure Improvements from the Developer. c. Developer shall obtain, or require each of its general contractors to obtain, one or more bonds that guarantee the faithful performance of the construction of, in the aggregate, the anticipated full value of the completed Infrastructure Improvements and that further guarantee the prompt payment of all materials and labor. The performance bond(s) for the Infrastructure Improvements shall remain in effect until construction of such improvements are completed, at which time a four-year maintenance bond, or similar instrument, guarantee 125% of the cost of the applicable improvement(s), shall be substituted for each performance bond. The bonds shall clearly specify the Developer and City as joint obligees. d. Developer recognizes and agrees, with respect to any portion of the Infrastructure Improvements which Developer dedicates to the City and the City accepts, the Infrastructure Improvements thereafter shall be owned by the City and that Developer shall not retain any special legal entitlements or other rights not held by members of the general public with respect to ownership, sufficiency for any particular purpose, or use of the Infrastructure Improvements. Section 3.3. Real Property Taxes. Developer or its successors shall pay or cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts Execution Version -7- of the Development Property acquired and owned by them and pursuant to the provisions of this Agreement. Until Developer's obligations have been assumed by any other person or legal title to the property is vested in another person, all pursuant to the provisions of this Agreement, Developer shall be solely responsible for all assessments and taxes on the Development Property and Minimum Improvements. Developer and its successors agree that prior to the Termination Date: a. They will not seek administrative review or judicial review of the applicability or constitutionality of any tax statute relating to the taxation of real property contained on the Development Property determined by any tax official to be applicable to the Development Property or Minimum Improvements, or raise the inapplicability or constitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings; and b. They will not seek any tax exemption deferral or abatement either presently or prospectively authorized under any State, federal, or local law with respect to taxation of real property contained on the Development Property between the date of execution of this Agreement and the Termination Date. Section 3.4. Minimum Assessment Agreement. a. As further consideration for this Agreement, Developer shall execute, within ten (10) days of acquiring title to the Development Property, an Assessment Agreement pursuant to the provisions of Iowa Code Section 403.6(19) specifying the Assessor's Minimum Actual Value for the Minimum Improvements on the Development Property for calculation of real property taxes in the form attached as Exhibit D ("Assessment Agreement" or "Minimum Assessment Agreement"). Specifically, Developer, City, the Assessor, the holder of any Mortgage and all prior lienholders shall agree to a Minimum Actual Value for the Minimum Improvements and the Development Property of not less than $2,070,000, before rollback, upon completion of the Minimum Improvements, but no later than January 1, 2023. Such minimum actual value at the time applicable is herein referred to as the "Assessor's Minimum Actual Value." Nothing in the Assessment Agreement shall limit the discretion of the Assessor to assign an actual value to the Development Property in excess of such Assessor's Minimum Actual Value nor prohibit Developer from seeking through the exercise of legal or administrative remedies a reduction in such actual value for property tax purposes; provided, however, that Developer shall not seek a reduction of such actual value below the Assessor's Minimum Actual Value in any year so long as the Assessment Agreement shall remain in effect. The Assessment Agreement shall remain in effect until it terminates in accordance with its terms. The Assessment Agreement shall be certified by the Assessor for the County as provided in Iowa Code Section 403.6(19) and shall be filed for record in the office of the County Recorder, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Development Property or parts thereof, whether voluntary or involuntary. Such Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, as well as all prior lienholders and the holder of any Mortgage, each of which shall sign a consent to the Minimum Assessment Execution Version -8- Agreement. Developer shall ensure that any existing lienholder shall sign a written consent to the Minimum Assessment Agreement in a form satisfactory to City. b. The parties acknowledge that the Developer does not own the Development Property as of the date of this Agreement. The Developer's acquisition of title to the Development Property and Developer's execution of the Minimum Assessment Agreement within 10 days of acquiring title to the Development Property are conditions precedent to the other obligations of the parties under this Agreement. Section 3.5. Insurance Requirements. Developer will provide and maintain or cause to be maintained at all times during the process of constructing the Minimum Improvements (and, from time to time at the request of the City, furnish the City with proof of coverage or payment of premiums on): a. Builder's risk insurance, written on the so-called "Builder's Risk— Completed Value Basis," in an amount equal to the full replacement cost of the Minimum Improvements, and with coverage available in non -reporting form on the so-called "all risk" form of policy. b. Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations, and contractual liability insurance) with limits against bodily injury and property damage of at least $1,000,000 for each occurrence. The City shall be named as an additional insured for the City's liability or loss arising out of or in any way associated with the project and arising out of any act, error, or omission of Developer, or either entity's directors, officers, shareholders, contractors, and subcontractors or anyone else for whose acts the City may be held responsible (with coverage to the City at least as broad as that which is provided to Developer and not lessened or avoided by endorsement). The policy shall contain a "severability of interests" clause and provide primary insurance over any other insurance maintained by the City. c. Workers' compensation insurance with at least statutory coverage. The Developer's obligations under this Section 3.5 shall cease to apply to any portion of the Minimum Improvements or Development Property that is: (i) conveyed to a Homebuyer, (ii) conveyed to a third -party entity along with the corresponding obligations of this Agreement, or (iii) dedicated to and accepted by the City, as of the date of conveyance or acceptance. ARTICLE IV. COVENANTS OF THE DEVELOPER Section 4.1. Maintenance of Properties. Developer shall maintain, preserve, and keep the Development Property and Minimum Improvements (except with respect to any portion conveyed to a Homebuyer or dedicated to and accepted by the City), 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. During the construction of the Minimum hnprovements and thereafter, Developer shall maintain the Development Property and any other properties included in the worksite pursuant to a temporary construction easement or otherwise in good condition and clear of debris that would interfere with adjacent properties or the use of public Execution Version -9- right-of-way. At all times, Developer shall comply with all City requirements for the Development Property and Minimum Improvements. Section 4.2. Maintenance of Records. Developer will keep at all times proper books of record and account in which full, true, and correct entries will be made of all dealings and transactions of or in relation to its business and affairs relating to this Project in accordance with generally accepted accounting principles, consistently applied throughout the period involved, and the Developer will provide reasonable protection against loss or damage to such books of record and account. Section 4.3. Compliance with Laws. Developer will comply with all State, federal, and local laws, rules, and regulations relating to the Minimum Improvements. Section 4.4. Non -Discrimination. In the construction and operation of the Minimum Improvements, the Developer shall not discriminate against any applicant, employee, Homebuyer, or tenant because of age, color, creed, national origin, race, religion, marital status, sex, physical disability, or familial status. Developer shall ensure that applicants, employees, Homebuyers, and tenants are considered and are treated without regard to their age, color, creed, national origin, race, religion, marital status, sex, physical disability, or familial status. Section 4.5. Available Information. Upon request and to the extent that such information is in possession of the Developer and/or Developer's agents and employees, Developer shall promptly provide the City with copies of information requested by City that are related to this Agreement and the Project so that City can determine compliance with the Agreement. Section 4.6. No Abatement. Homebuyers who purchase Housing Units on the Development Property are not eligible for tax abatement under any Urban Revitalization Plan or any other State, federal or local law, and Developer shall inform Homebuyers and other prospective purchasers of the Development Property, or any portion thereof, of this limitation. A provision to such effect contained in any recorded restrictive covenants, deed, or purchase contract shall satisfy this requirement; in the absence of any of the foregoing, the Developer shall secure a signed written acknowledgement from each Homebuyer, or other purchaser of the Development Property, or any portion thereof, regarding the ineligibility of the Housing Unit for tax abatement, and provide a copy of the same to the City. A failure by Developer to comply with this provision shall be an Event of Default. ARTICLE V. INDEMNIFICATION Section 5.1. Release and Indemnification Covenants. a. Developer releases 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, or resulting from any defect in, the Development Property or the Minimum - 10 - Execution Version Improvements (excepting any portion of the Infrastructure Improvements for which a maintenance bond has been issued and the City has accepted dedication). b. Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action, or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce its rights under this Agreement), (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements (excepting any portion of the Infrastructure Improvements for which a maintenance bond has been issued and the City has accepted dedication), or (iii) any hazardous substance or environmental contamination located in or on the Development Property. c. The Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Developer, or its officers, agents, servants, or employees or any other person who may be about the Minimum Improvements (excepting any portion of the Infrastructure Improvements for which a maintenance bond has been issued and the City has accepted dedication) due to any act of negligence of Developer, its agents, and employees, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants, or employees. d. The provisions of this Article V shall survive the termination of this Agreement. ARTICLE VI. ASSIGNMENT AND TRANSFER Section 6.1. Status of the Developer; Transfer of Substantially All Assets. Assignment. As security for the obligations of the Developer under this Agreement, the Developer represents and agrees that, prior to the Termination Date, the Developer will not dispose of all or substantially all of its assets or transfer, convey, or assign its interests in this Agreement or the Development Property to any other party (except with respect to conveyance to a Homebuyer of a portion of the Development Property on which a Housing Unit has been constructed) unless (i) the transferee partnership, corporation or individual assumes in writing all of the obligations of the Developer under this Agreement in its entirety or with respect to the portion of the Development Property being transferred, as applicable, and (ii) Developer provides at least 60 days' notice of the proposed the City, and the City does not object to the assignment during the 60 -day period. Section 6.2. Prohibition Against Use as Non -Taxable or Centrally -Assessed Property. During the term of this Agreement, the Developer agrees that no portion of the Development Property or Minimum Improvements shall be transferred or sold to a non-profit entity or used for a purpose that would exempt said portion of the Development Property from property tax liability. Notwithstanding the prior sentence, Developer may convey portions of the Development Property to the City to be used by the City for public infrastructure, parks, trails or other public purposes. During the term of this Agreement, Developer agrees not to allow any portion of the Development Property or Minimum Improvements to be used as centrally -assessed property (including but not limited to, Iowa Code § 428.24 to 428.29 (Public Utility Plants and Related Personal Property); - 11 - Execution Version Chapter 433 (Telegraph and Telephone Company Property); Chapter 434 (Railway Property); Chapter 437 (Electric Transmission Lines); Chapter 437A (Property Used in the Production, Generation, Transmission or Delivery of Electricity or Natural Gas); and Chapter 438 (Pipeline Property)). ARTICLE VII. RESERVED ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS Section 8.1. Economic Development Grants. For and in consideration of the obligations being assumed by Developer for the Project hereunder, subject to Developer being and remaining in compliance with this Agreement, the City agrees, subject to the Developer being and remaining in compliance with this Agreement at the time of each payment, to make annual payments of Economic Development Grants to Developer following the Developer's completion of the Minimum Improvements in accordance with the following terms and conditions: a. Schedule of Economic Development Grants. Assuming completion of the Minimum Improvements by December 31, 2022, full assessment of the Minimum Improvements on January 1, 2023, and the City's certification of debt related to payment of the Economic Development Grants to the County Auditor prior to December 1, 2023, the Economic Development Grants shall commence on June 1, 2025, and end after the earlier of the following: (i) sixteen (16) annual Economic Development Grants have been paid, (ii) the maximum cumulative total of $300,000 has been paid as the Economic Development Grants, or (iii) the Agreement has been terminated pursuant to its terms. If the completion of the Minimum Improvements is delayed, such that the Minimum Improvements are not fully assessed on January 1, 2023, but are instead first fully assessed on January 1, 2024, then the schedule of Economic Development Grants shall be delayed one year, such that the first Economic Development Grant would be paid on June 1, 2026. In no event shall the schedule of Economic Development Grants be delayed by more than one year. If the Minimum Improvements are not fully assessed on or before January 1, 2024, then this Article shall have no further force and effect and the City may terminate this Agreement by written notice to Developer or the same. b. Amount of Each Economic Development Grant. Each annual Economic Development Grant shall be in the amount of 80% of the Tax Increments collected pursuant to Iowa Code Section 403.19 in the fiscal year preceding payment of the Grant. As an example, assuming completion of the Minimum Improvements by December 31, 2022, full assessment of the Minimum Improvements on January 1, 2023, and the City's certification of debt related to payment of the Economic Development Grants to the County Auditor prior to December 1, 2023, then the first Economic Development Grant, to be paid on June 1, 2025, would be in the amount of 80% of the Tax Increments collected in Fiscal Year 2024-2025. For convenience of the parties, the anticipated schedule for payment of the Economic Development Grants is as follows: Execution Version - 12 - Grant Payment Date June 1, 2025 June 1, 2026 June 1, 2027 June 1, 2028 June 1, 2029 June 1, 2030 June 1, 2031 June 1, 2032 June 1, 2033 June 1, 2034 June 1, 2035 June 1, 2036 June 1, 2037 June 1, 2038 June 1, 2039 June 1, 2040 Grant Amount 80% of Tax Increments from Fiscal Year 24-25 80% of Tax Increments from Fiscal Year 25-26 80% of Tax Increments from Fiscal Year 26-27 80% of Tax Increments from Fiscal Year 27-28 80% of Tax Increments from Fiscal Year 28-29 80% of Tax Increments from Fiscal Year 29-30 80% of Tax Increments from Fiscal Year 30-31 80% of Tax Increments from Fiscal Year 31-32 80% of Tax Increments from Fiscal Year 32-33 80% of Tax Increments from Fiscal Year 33-34 80% of Tax Increments from Fiscal Year 34-35 80% of Tax Increments from Fiscal Year 35-36 80% of Tax Increments from Fiscal Year 36-37 80% of Tax Increments from Fiscal Year 37-38 80% of Tax Increments from Fiscal Year 38-39 80% of Tax Increments from Fiscal Year 39-40 c. Maximum Amount of Grants. Notwithstanding the foregoing, in no event shall the aggregate amount of the Economic Development Grants exceed $300,000 over the duration of this Agreement. The City makes no representation with respect to the amounts that may finally be paid to the Developer as the Economic Development Grants, and under no circumstances shall the City in any manner be liable to the Developer, even if the aggregate grant amount is less than the maximums stated herein, so long as the City timely applies the Tax Increments actually collected and held in the Belmont Development Properties, LLC TIF Account (regardless of the amounts thereof) to the payment of the Economic Development Grants to the Developer, as and to the extent described in this Article. d. Limitations on Grants. Each Economic Development Grant shall come solely and only from incremental taxes received by the City under Iowa Code Section 403.19 from levies upon the Minimum Improvements and Development Property. Under no circumstances shall the failure by Developer to qualify for an Economic Development Grant in any year serve to extend the term of this Agreement beyond the Termination Date or the years during which Economic Development Grants may be awarded to Developer or the total amount thereof, it being the intent of parties hereto to provide Developer with an opportunity to receive Economic Development Grants only if Developer fully complies with the provisions of this Agreement regarding the Project and the Developer becomes entitled thereto, up to the maximum aggregate amounts set forth in Sections 8.1(a) and 8.1(e). Section 8.2. Conditions Precedent. Notwithstanding the provisions of Section 8.1, the obligation of the City to make an Economic Development Grant in any year shall be subject to and conditioned upon the all of the following: a. Developer's completion of the Minimum Improvements in accordance with the terms of this Agreement, including the completion of any required Infrastructure Improvements - 13 - Execution Version and the City's acceptance thereof, pursuant to Section 3.2, including provision of the maintenance bonds required by Section 3.2; b. Developer's compliance with the terms of this Agreement and the Minimum Assessment Agreement at the time of payment; c. No Event of Default has occurred and is continuing; if an Event of Default occurs and continues beyond any applicable cure period, then the City shall have no obligation thereafter to make any payments to Developer in respect of the Economic Development Grants and the provisions of this Article shall terminate and be of no further force or effect; and d. The City has previously certified debt related to payment of the Economic Development Grants to the County Auditor pursuant to Iowa Code Section 403.19. Section 8.3. TIF Ordinance and Annual Appropriation. a. The City hereby covenants and agrees to maintain the Ordinance with respect to the Development Property in force during the term of this Agreement and to apply the incremental taxes collected in respect of the Development Property and the Minimum Improvements and allocated to the Belmont Development Properties, LLC TIF Account to pay the Economic Development Grants, as and to the extent set forth in this Article. The Economic Development Grants shall not be payable in any manner by other tax increment revenues or by general taxation or from any other City funds. b. Each Economic Development Grant is subject to annual appropriation by the City Council. The right of non -appropriation reserved to the City in this Section is intended by the parties, and shall be construed at all times, so as to ensure that the City's obligation to make future Economic Development Grants shall not constitute a legal indebtedness of the 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 to create, or result in the creation of, such a legal indebtedness of the 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 the 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. c. Notwithstanding the provisions of Section 8.1 hereof, the City shall have no obligation to make an Economic Development Grant to the Developer if at any time during the term hereof the City fails to appropriate funds or receives an opinion from a court of competent jurisdiction to the effect that the use of Tax Increment resulting from the Development Property and the Minimum Improvements to fund an Economic Development Grant to the Developer, as contemplated under said Section 8.1, is not authorized or otherwise an appropriate urban renewal activity permitted to be undertaken by the City under the Urban Renewal Act or other applicable - 14 - Execution Version provisions of the Code, as then constituted, or the City's ability to collect Tax Increment from the Development Property is precluded by legislative changes to Iowa Code Chapter 403. Upon such non -appropriation, or receipt of such an opinion, the City shall promptly forward a notice of the same to the Developer. If the circumstances or legal constraints continue for a period during which two (2) Economic Development Grants would otherwise have been paid to the Developer under the terms of Section 8.1, then after the giving of thirty (30) days' written notice by the City to Developer and providing an opportunity for the Developer during the 30 -day period to consult with City representatives about such circumstances or legal constraints, the City may terminate this Agreement, without penalty or other liability to the Developer, by written notice to the Developer. If the City terminates this Agreement under the foregoing provision, then the City agrees to terminate the Minimum Assessment Agreement with the Developer as well. Section 8.4. Use of Other Tax Increments. Subject to the terms of this Article, the City shall be free to use any and all available Tax Increments in excess of the stated maximum or resulting from the suspension or termination of the Economic Development Grants, for any purpose for which the Tax Increment may lawfully be used pursuant to the provisions of the Urban Renewal Act, and the City shall have no obligations to the Developer with respect to the use thereof. ARTICLE IX. DEFAULT AND REMEDIES Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: a. Failure by the Developer to cause the construction of Minimum Improvements to be completed pursuant to the terms, conditions, and limitations of this Agreement; b. Transfer of any of Developer's interests in this Agreement of the Development Property in violation of the provisions of this Agreement; c. Failure by Developer to substantially observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement or the Minhnum Assessment Agreement; d. The holder of any Mortgage on the Development Property, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable Mortgage documents; e. If the Developer shall: i. file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or ii. make an assignment for the benefit of its creditors; or - 15 - Execution Version or iii. admit in writing its inability to pay its debts generally as they become due; iv. be adjudicated bankrupt or insolvent; or if a petition or answer proposing the adjudication of Developer as bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Developer or the Minimum Improvements, or part thereof, shall be appointed in any proceedings brought against Developer, and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; f. Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certification furnished by Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof; g. The Minimum Assessment Agreement has been challenged by the Developer or any subsequent owner of the Development Property, or any lienholder with a lien on the Development Property; or the Minimum Assessment Agreement has been terminated, removed from application to the Development Property, or invalidated in any regard; or h. All real property taxes and assessments payable with respect to all and any parts of the Development Property have not been paid when due, whether the Development Property is owned by the Developer or by a successor in interest to the Development Property. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs and is continuing, the City, as specified below, may take any one or more of the following actions after (except in the case of an Event of Default under subsections 9.1(d) or 9.1(e) of said Section 9.1) the giving of thirty (30) days' written notice by the City to Developer and the holder of the First Mortgage (but only to the extent the City has been informed in writing of the existence of a First Mortgage and been provided with the address of the holder thereof) of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days, or if the Event of Default cannot reasonably be cured within thirty (30) days and Developer does not provide assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: a. The City may suspend its performance under this Agreement until it receives assurances from Developer, deemed adequate by the City, that Developer will cure the default and continue its performance under this Agreement; b. The City may terminate this Agreement; c. The City shall have no obligation thereafter to make any payments to Developer in respect of the Economic Development Grants; and -16- Execution Version d. The City may take any action, including legal, equitable, or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of Developer under this Agreement. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 9.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 9.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, Developer agrees that it shall, upon settlement of the Event of Default or by Judgment of a Court of competent jurisdiction be found to have been in default of this Agreement, pay to the City the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by the City in connection therewith. ARTICLE X. MISCELLANEOUS Section 10.1. Conflict of Interest. Developer represents and warrants that, to its best knowledge and belief after due inquiry, no officer or employee of the City, or its designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision -making process or gain insider information with regard to the Project, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. Section 10.2. Notices and Demands. A notice, demand or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and Execution Version - 17 - a. In the case of the Developer, is addressed to Belmont Development Properties, LLC at PO Box 809, Bettendorf, Iowa 52722, Attn: Craig Windmiller and Reed Windmiller; and b. In the case of the City, is addressed to or delivered personally to the City of Riverdale at 110 Manor Drive, Riverdale, IA 52722; Attn: City Administrator/Clerk; or to such other designated individual or officer or to such other address as any party shall have furnished to the other in writing in accordance herewith. Section 10.3. Memorandum of Agreement. The parties agree to execute and record a Memorandum of Agreement for Private Development, in substantially the form attached as Exhibit C, to serve as notice to the public of the existence and provisions of this Agreement, and the rights and interests held by the City by virtue hereof. The City shall pay for the costs of recording. Section 10.4. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.5. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.6. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. Section 10.7. Entire Agreement. This Agreement and the exhibits hereto reflect the entire agreement between the parties regarding the subject matter hereof, and supersedes and replaces all prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be amended except by a subsequent writing signed by all parties hereto. Section 10.8. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 10.9. Termination Date. This Agreement shall terminate and be of no further force or effect on and after on and after June 30 of the last fiscal year in which an Economic Development Grant is payable to Developer under the terms of this Agreement, unless the Agreement is terminated earlier by the other terms of this Agreement. Section 10.10. No Third -Party Beneficiaries. No rights or privileges of either party hereto shall inure to the benefit of any landowner, Homebuyer, contractor, subcontractor, material supplier, or any other person or entity, and no such landowner, Homebuyer, contractor, subcontractor, material supplier, or any other person or entity shall be deemed to be a third -party beneficiary of any of the provisions contained in this Agreement. -18- Execution Version Section 10.11. Advancement of City Expenses. Upon execution of this Agreement, Developer agrees to advance a portion of the City's costs, in the amount of $20,000, related to the drafting and adoption of the Fenno Drive Urban Renewal Plan, the drafting and approval of this Agreement, and other administrative expenses incurred by the City related to the Project's approval such as expenses related to platting of the Development Property and publication of notices related to the foregoing actions. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and Developer has caused this Agreement to be duly executed in its name and behalf by its authorized representatives all on or as of the day first above written. Execution Version - 19 - (SEAL) CITY OF RIVERDALE, IOWA By: Mike Bawden, Mayor ATTEST: By: Kent Royster, City Administrator/Clerk STATE OF IOWA ) SS COUNTY OF SCOTT On this day of , 2021, before me a Notary Public in and for said State, personally appeared Milce Bawden and Kent Royster, to me personally known, who being duly sworn, did say that they are the Mayor and City Administrator/Clerk, respectively, of the City of Riverdale, Iowa, a Municipality 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 Municipality, and that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said Municipality by it voluntarily executed. Notary Public in and for the State of Iowa [Signature page to Agreement for Private Development — City of Riverdale, Iowa) - 20 - Execution Version BELMONT DEVELOPMENT PROPERTIES, LLC, an Iowa limited liability company By: Print Name: Its: ATTEST: By: Print Name: Its: STATE OF IOWA COUNTY OF ) SS On this day of , 2021, before me the undersigned, a Notary Public in and for said State, personally appeared and to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of Belmont Development Properties, LLC an Iowa Limited liability company, and that said instrument was signed on behalf of said company; and that the said officers as such acknowledged the execution of said instrument to be the voluntary act and deed of said company, by it and by them voluntarily executed. Notary Public in and for the State of Iowa [Signature page to Agreement for Private Development — Belmont Development Properties, LLC] Execution Version - 21 - EXHIBIT A DEVELOPMENT PROPERTY The Development Property is described as consisting of all that certain parcel or parcels of land located in the City of Riverdale, County of Scott, State of Iowa, more particularly described as follows: Lots 1 and 2, Belmont Townhomes, a Subdivision in Riverdale, Scott County, Iowa. A-1 Execution Version EXHIBIT B MINIMUM IMPROVEMENTS The Minimum Improvements include the construction of approximately twelve (12) Housing Units, built as townhomes or apaitiuents, each of which shall contain a minimum of 1,200 square feet with no fewer than 3 bedrooms, 2 %z bathrooms, and a 2 -car garage. The Minimum Improvements are expected to be completed by December 31, 2022. The Minimum Improvements may include Infrastructure Improvements, as necessary to comply with the City's standard requirements for platting, such as sanitary sewer lines, storm water management features, and streets that would be intended to be dedicated to the City. See Exhibit B-1 for a conceptual layout depiction of the Development Property. B-1 Execution Version EXHIBIT B-1 CONCEPTUAL LAYOUT FOR DEVELOPMENT PROPERTY 238 6E1_11'4'04T ROAD Execution Version B-2 Prepared by: Jenna H. Bishop, Ahlers & Cooney, 100 Court Ave. #600, Des Moines, IA 50309, 515-243-7611 Return to: City Clerk, City of Riverdale, 110 Manor Drive, Riverdale, IA 52722 EXHIBIT C MEMORANDUM OF AGREEMENT FOR PRIVATE DEVELOPMENT WHEREAS, the City of Riverdale, Iowa (the "City") and Belmont Development Properties, LLC, an Iowa limited liability company (the "Developer"), did on or about the day of , 2021, make, execute, and deliver an Agreement for Private Development (the "Agreement"), wherein and whereby the Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and as more particularly described as follows: Lots 1 and 2, Belmont Townhomes, a Subdivision in Riverdale, Scott County, Iowa (the "Development Property"); and WHEREAS, the term of this Agreement shall commence on the day of , 2021 and terminate on the Termination Date, as set forth in the Agreement; and WHEREAS, the City and Developer desire to record a Memorandum of the Agreement referring to the Development Property and their respective interests therein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That the recording of this Memorandum of Agreement for Private Development shall serve as notice to the public that the Agreement contains provisions restricting development and use of the Development Property and the improvements located and operated on such Development Property. 2. That all of the provisions of the Agreement and any subsequent amendments thereto, if any, even though not set forth herein, are by the filing of this Memorandum of Agreement for Private Development made a part hereof by reference, and that anyone making any C-1 Execution Version claim against any of said Development Property in any manner whatsoever shall be fully advised as to all of the terms and conditions of the Agreement, and any amendments thereto, as if the same were fully set forth herein. 3. That a copy of the Agreement and any subsequent amendments thereto, if any, shall be maintained on file for public inspection during ordinary business hours in the office of the City Clerk, City Hall, Riverdale, Iowa. IN WITNESS WHEREOF, the City and Developer have executed this Memorandum of Agreement for Private Development as of the day of 2021. [Remainder of page intentionally left blank; Signature pages follow] Execution Version C-2 (SEAL) CITY OF RIVERDALE, IOWA By: Mike Bawden, Mayor ATTEST: By: Kent Royster, City Administrator/Clerk STATE OF IOWA ) SS COUNTY OF SCOTT On this day of , 2021, before me a Notary Public in and for said State, personally appeared Mike Bawden and Kent Royster, to me personally known, who being duly sworn, did say that they are the Mayor and City Administrator/Clerk, respectively, of the City of Riverdale, Iowa, a Municipality 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 Municipality, and that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said Municipality by it voluntarily executed. Notary Public in and for the State of Iowa [Signature page to Memorandum of Agreement for Private Development — City of Riverdale, Iowa] C-3 Execution Version BELMONT DEVELOPMENT PROPERTIES, LLC, an Iowa limited liability company By: Print Name: Its: ATTEST: By: Print Name: Its: STATE OF IOWA COUNTY OF ) SS On this day of , 2021, before me the undersigned, a Notary Public in and for said State, personally appeared and to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of Belmont Development Properties, LLC an Iowa limited liability company, and that said instrument was signed on behalf of said company; and that the said officers as such acknowledged the execution of said instrument to be the voluntary act and deed of said company, by it and by them voluntarily executed. Notary Public in and for the State of Iowa [Signature page to Memorandum of Agreement for Private Development — Belmont Development Properties, LLCJ Execution Version C-4 Prepared by: Jenna H. Bishop, Alilers & Cooney, 100 Court Ave. #600, Des Moines, IA 50309, 515-243-7611 Return to: City Clerk, City of Riverdale, 110 Manor Drive, Riverdale, IA 52722 EXHIBIT D MINIMUM ASSESSMENT AGREEMENT THIS MINIMUM ASSESSMENT AGREEMENT ("Minimum Assessment Agreement" or "Assessment Agreement"), is dated as of , 2021, by and between the CITY OF RIVERDALE, IOWA (the "City"), a municipal corporation established pursuant to the Code of Iowa and acting under the authorization of Chapter 15A and Chapter 403 of the Code of Iowa, 2021, as amended (the "Urban Renewal Act"), and Belmont Development Properties, LLC, an Iowa limited liability company ("Developer"). WITNESSETH: WHEREAS, City and Developer have entered into an Agreement for Private Development dated as of , 2021 ("Development Agreement" or "Agreement") regarding certain real property located in the City which is legally described as follows: Lots 1 and 2, Belmont Townhomes, a Subdivision in Riverdale, Scott County, Iowa (the "Development Property"); and WHEREAS, the defined terms in the Development Agreement will also apply to this Minimum Assessment Agreement; and WHEREAS, it is contemplated that Developer will undertake the construction of Minimum Improvements (as defined in the Development Agreement) on the Development Property, as provided in the Development Agreement; and WHEREAS, pursuant to Section 403.6(19) of the Code of Iowa, as amended, City and Developer desire to establish a minimum actual value for the Minimum Improvements to be constructed on the Development Property pursuant to the Development Agreement; and D-1 Execution Version WHEREAS, City and the Assessor for the County have reviewed the preliminary plans and specifications for the Minimum Improvements that are contemplated to be constructed. NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. The Minimum Actual Value for the Minimum Improvements and the Development Property shall be fixed for assessment purposes at not less than $2,070,000, before rollback, upon completion of the Minimum Improvements, but no later than January 1, 2023. The Minimum Actual Value shall continue to be effective until December 31, 2043 (the "Assessment Agreement Termination Date"). 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 Development Property or the Minimum Improvements; or (d) any other circumstance, whether known or unknown and whether now existing or hereafter occurring. 2. Developer 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 Development Property and the Minimum Improvements pursuant to the provisions of this Minimum Assessment Agreement and the Development Agreement. Such tax payments shall be made without regard to any loss, complete or partial, to the Development Property or the Minimum Improvements, any interruption in, or discontinuance of, the use, occupancy, ownership, or operation of the Development Property or the Minimum Improvements by Developer, or any other matter or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Development Property or the Minimum Improvements. 3. Developer agrees that, prior to the Assessment Termination Date, 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 Development Property or the Minimum Improvements determined by any tax official to be applicable to the Development Property, 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 or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other local or State law, of the taxation of real property, including improvements and fixtures thereon, contained in the Development Property or the Minimum Improvements between the date of execution of this Agreement and the Assessment Termination Date; or c. request the Assessor to reduce the Minimum Actual Value; or Execution Version D-2 d. appeal to the board of review of the County, State, District Court or to the Director of Revenue of the State to reduce the Minimum Actual Value; or e. cause a reduction in the actual value or the Minimum Actual Value through any other proceedings 4. This Minimum Assessment Agreement shall be promptly recorded by City with the Recorder of Scott County, Iowa. Such filing shall constitute notice to any subsequent purchaser or encumbrancer of the Development Property (or part thereof), whether voluntary or involuntary, and this Minimum Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of any mortgage. City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Minimum Assessment Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Minimum Assessment Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective successors and permitted assigns. 7. Nothing herein shall be deemed to waive the rights of Developer under Iowa Code Section 403.6(19) 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 Developer seek to reduce the actual value to an amount below the Minimum Actual Value established herein during the term of this Agreement. This Minimum Assessment Agreement may be amended or modified and any of its terms, covenants, representations, warranties or conditions waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. 8. If any term, condition or provision of this Minimum Assessment Agreement is for any reason held to be illegal, invalid or inoperable, such illegality, invalidity or inoperability shall not affect the remainder hereof, which shall at the time be construed and enforced as if such illegal or invalid or inoperable portion were not contained herein. 9. The Minimum Actual Value herein established shall be of no further force and effect and this Minimum Assessment Agreement shall terminate on the Assessment Agreement Termination Date set forth in Section 1 above. 10. Developer has provided a title opinion or lien or title search/certificate to City listing all lienholders of record as of the date of this Assessment Agreement and all such lienholders have signed a consent to this Assessment Agreement substantially in the form of the Lienholder Consent set forth in this Exhibit D, which consents are attached hereto and made a part hereof. [Signatures Start on Next Page] Execution Version D-3 (SEAL) CITY OF RIVERDALE, IOWA By: Mike Bawden, Mayor ATTEST: By: Kent Royster, City Administrator/Clerk STATE OF IOWA COUNTY OF SCOTT ) SS On this day of , 2021, before me a Notary Public in and for said State, personally appeared Mike Bawden and Kent Royster, to me personally known, who being duly sworn, did say that they are the Mayor and City Administrator/Clerk, respectively, of the City of Riverdale, Iowa, a Municipality 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 Municipality, and that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of its City Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the free act and deed of said Municipality by it voluntarily executed. Notary Public in and for the State of Iowa [Signature page to Minimum Assessment Agreement — City of Riverdale, Iowa] Execution Version D-4 BELMONT DEVELOPMENT PROPERTIES, LLC, an Iowa limited liability company By: Print Name: Its: ATTEST: By: Print Name: Its: STATE OF IOWA ) SS COUNTY OF On this day of , 2021, before me the undersigned, a Notary Public in and for said State, personally appeared and to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of Behnont Development Properties, LLC an Iowa limited liability company, and that said instrument was signed on behalf of said company; and that the said officers as such acknowledged the execution of said instrument to be the voluntary act and deed of said company, by it and by them voluntarily executed. Notary Public in and for the State of Iowa [Signature page to Minimum Assessment Agreement — Belmont Development Properties, LLCJ D-5 Execution Version EXHIBIT D (Cont.) LIENHOLDER CONSENT In consideration of one dollar and other valuable consideration, the receipt of which is hereby acknowledged, and notwithstanding anything in any loan or security agreement to the contrary, the undersigned ratifies, approves, consents to and confirms the Minimum Assessment Agreement entered into between the parties, and agrees to be bound by its terms and subordinates any previously acquired mortgage, lien or other interest in the Development Property to the City of Riverdale, Iowa. This provision shall be binding on the parties and their respective successors and assigns. Name of Lienholder By: Signature ATTEST: By: Signature Date STATE OF ) SS COUNTY OF On this day of , 2021, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and of and that said instrument was signed on behalf of said company, and that the said acknowledged the execution of said instrument to be the voluntary act and deed of said company, by them voluntarily executed. Notary Public in and for said state [add additional pages for each lienholder] Note: If there are no lienholders, this page shall have no signatures. D-6 Execution Version EXHIBIT D (Cont.) CERTIFICATION OF SCOTT COUNTY ASSESSOR The undersigned, having reviewed the plans and specifications for the Minimum Improvements already constructed or to be constructed and the market value assigned to the land upon which the Minimum Improvements are constructed, 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 Development Property described in the foregoing Minimum Assessment Agreement, certifies that the actual value assigned to the Minimum Improvements and the Development Property shall be fixed for assessment purposes at not less than $2,070,000, before rollback, upon completion of the Minimum Improvements, but no later than January 1, 2023, and such minimum value shall continue through the Assessment Termination Date. Assessor for the County of Scott, Iowa Date STATE OF IOWA ) SS COUNTY OF SCOTT Subscribed and sworn to before me by , Assessor for the County of Scott, Iowa on this day of , 2021. D-7 Execution Version Notary Public for the State of Iowa EXHIBIT D (cont.) Consistent with Iowa Code §403.6(19)(b), filed with this assessor certification is a copy of subsection 19 as follows: 19. a. A municipality, upon entering into a development or redevelopment agreement pursuant to section 403.8, subsection 1, or as otherwise permitted in this chapter, may enter into a written assessment agreement with the developer of taxable property in the urban renewal area which establishes a minimum actual value of the land and completed improvements to be made on the land until a specified termination date which shall not be later than the date after which the tax increment will no longer be remitted to the municipality pursuant to section 403.19, subsection 2. The assessment agreement shall be presented to the appropriate assessor. The assessor shall review the plans and specifications for the improvements to be made and if the minimum actual value contained in the assessment agreement appears to be reasonable, the assessor shall execute the following certification upon the agreement: The undersigned assessor, being legally responsible for the assessment of the above described property upon completion of the improvements to be made on it, certifies that the actual value assigned to that land and improvements upon completion shall not be less than $ b. This assessment agreement with the certification of the assessor and a copy of this subsection shall be filed in the office of the county recorder of the county where the property is located. Upon completion of the improvements, the assessor shall value the property as required by law, except that the actual value shall not be less than the minimum actual value contained in the assessment agreement. This subsection does not prohibit the assessor from assigning a higher actual value to the property or prohibit the owner from seeking administrative or legal remedies to reduce the actual value assigned except that the actual value shall not be reduced below the minimum actual value contained in the assessment agreement. An assessor, county auditor, board of review, director of revenue, or court of this state shall not reduce or order the reduction of the actual value below the minimum actual value in the agreement during the term of the agreement regardless of the actual value which may result from the incomplete construction of improvements, destruction or diminution by any cause, insured or uninsured, except in the case of acquisition or reacquisition of the property by a public entity. Recording of an assessment agreement complying with this subsection constitutes notice of the assessment agreement to a subsequent purchaser or encumbrancer of the land or any part of it, whether voluntary or involuntary, and is binding upon a subsequent purchaser or encumbrancer. 01774625-6\22647-013 D-8 Execution Version RESOLUTION 2021-15 A RESOLUTION AUTHORIZING $6,000 FOR BELMONT ROAD TOWNHOMES PLAN AND PLAT REVIEW WHEREAS, The City of Riverdale, Iowa ("City") is a Municipal Corporation, organized and operating under the laws of the State of Iowa, and; WHEREAS, upon review and consideration of correspondence from City Engineer, MSA Professional Services, their Project Engineer, Christian R. Cooper, P.E., CPESC, concerning the general concept of the proposed development shown in Attachment B and; WHEREAS, the City intends to undertake this project as part of an Urban Redevelop Plan, and therefore, there will be associated Tax Incentive Financing (TIF). The TIF is intended to finance reconstruction of portions of Fenno Road, Fenno Drive, some abandoned homes, and to offer some financial reductions to the Developer and; WHEREAS, the amount of engineering review required for this type of project is almost entirely driven by the developer / design engineer. That is, their design and their ready adaption / acceptance to review comments is driving the review engineer's effort and; WHEREAS, the City may or may not require the Developer to reimburse them for MSA fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA. Section 1. Authorizes the Mayor to execute orders, contracts and other documents required by the City's Engineer and contractor on this project of Belmont Road Townhomes Plan and Plat Review at a price not to exceed the $6,000 authorized by this resolution without further advice and consent of the City Council. Section 2. The City Engineer is hereby ordered to update the City Council at future meetings regarding the status of the repair work done on Belmont Road Townhomes Plan and Plat Review. Passed and approved this 27th day of April 2021. APPROVED ATTEST Michael Bawden, Mayor Katie Enloe, Deputy Clerk City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 • (563) 355-2511 • www.riverdaleiowa.com RESOLUTION 2021-16 A RESOLUTION APPROVING THE CERTIFICATION OF THE 2021.22 ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2022 FOR THE CITY OF RIVERDALE, IOWA WHEREAS, The City of Riverdale has conducted public intake sessions with residents to determine what amenities and services they would like to see in the coming year, and; WHEREAS, the City has held a public hearing on the maximum amount of general fund taxes that can be levied, and; WHEREAS, the City Council of Riverdale set the maximum general fund levy for FY 2022 at an amount not to exceed $686,408, and; WHEREAS, the City has also held a public hearing on the FY 22 budget on April 20, 2021, and; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE, IOWA. The 2021-2022 City Budget is hereby authorized and approved by the City Council and the City Clerk is directed to file all pertinent forms and information to the County Auditor and the Department of Management in the State of Iowa. Passed and approved this 27th day of April, 2021. APPROVED ATTEST Michael Bawden, Mayor Katie Enloe, Deputy Clerk City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 • (563) 355-2511 • www.riverdaleiowa.com RESOLUTION 2021-18 A RESOLUTION DECLARING CERTAIN PROPERTY SURPLUS PROPERTY AND AUTHORIZING THE SELL THEREOF WHEREAS, the City of Riverdale, Iowa ("City") is a Municipal Corporation, organized and operating under the laws of the State of Iowa; WHEREAS, the City is the sole owner of the equipment listed in Section 1 which is to be declared surplus property; and WHEREAS, this surplus property will be sold for no less than $2,000.00 thereof; and WHEREAS, the sell of excess property is in the best interests of the City of Riverdale, Iowa NOW THEREFORE BE IT RESOLVED by the City Council of the City of Riverdale, Iowa as follows: Section 1. The property listed below is hereby declared as surplus property and is to be sold: Description Cement Blocks 30 Quantity Section 2. The surplus property the subject of this resolution shall be sold in accordance with applicable Federal, State, and City guidelines. Passed and approved this 27th day of April 2021. Michael Bawden, Mayor ATTEST: Katie Enloe, Deputy City Clerk City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 • (563) 355-2511 • www.riverdaleiowa.com Resolution 2021-19 A RESOLUTION TO APPROVE AN UPDATED PURCHASING POLICY FOR THE CITY OF RIVERDALE, IOWA WHEREAS, the City of Riverdale, Iowa is a Municipal Corporation, organized and operating under the laws of the State of Iowa: WHEREAS, the City Council has the right and obligation to adopt and revise policies and procedures; and; WHEREAS, the City Council previously adopted a RESOLUTION 2016-1 which created a Procurement Policy for purchases over $10,000; WHEREAS, the City Council has determined that a more comprehensive and well development purchasing policy will be needed to secure and foster state and federal grants; WHEREAS, the City will use the attached Purchasing Policy effective upon passage NOW THERE FOR IT BE RESOLVED, by the City of the City of Riverdale, Iowa that the attached Purchasing Policy is adopted; Passed and approved this 27th day of April 2021. Michael Bawden, Mayor Attest: Katie J. Enloe City of Riverdale, Iowa 110 Manor Drive, Riverdale, Iowa 52722 1 (563) 355-2511 1 www.riverdaleiowa.com City of Riverdale Procurement Policy PURPOSE The purpose of a procurement policy is to ensure that sound business judgement is utilized in all procurement transactions. That supplies, equipment, construction and services are obtained efficiently and economically, and in compliance with applicable federal and state law, and executive orders, and to ensure that all procurement transactions are conducted in a manner that provides full and open competition. These procedures will ensure that all solicitations incorporate clear and accurate descriptions of the technical requirements for the goods or services being procured. Chapter 26 and Section 331.341 of the Iowa Code will be followed on all applicable purchases. All other appropriate sections of the Iowa Code shall also apply. APPLICATION This policy applies to the procurement of all supplies, equipment, and construction and services of and for City of Riverdale that include any federal program funding. In regards to any such federal programs, all procurement will be done in accordance with Title 2 Code of Federal Regulations (CFR) Grants and Agreements; Part 200. 2 CFR references are noted. All other appropriate sections of Iowa Code and Local Code shall also apply. When federal requirements conflict with local or state requirements, the federal requirement, or most restrictive requirement will be followed. POLICY METHODS OF PROCUREMENT Procurement under grants shall be made by one of the following methods: (a) micro -purchase procedures; (b) small purchase procedures; (c) sealed bids (formal advertising); (d) competitive proposals; (e) noncompetitive proposals. A. Micro -Purchase Procedures 200.320(a) i. The acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro -purchase threshold - $10,000 (200.67) ii. To the extent practicable, must distribute micro -purchases equitably among qualified suppliers iii. May be awarded without soliciting competitive quotations if the non -Federal entity considers the price to be reasonable B. Small Purchase Procedures 200.320(b) i. Are those relatively simple and informal procurement methods for securing services, supplies, or other property that does not cost more than the simplified acquisition threshold - $250,000 (200.88) ii. Price or rate quotations are to be obtained from an "adequate number" of qualified sources C. Sealed Bidding (formal advertising) 200.320(c) i. Lowest priced, responsive, responsible, bidder WINS ii. The preferred method for construction when sealed bidding is "feasible", which is when certain conditions are present iii. Bids must be solicited from an "adequate number of known suppliers", providing them sufficient response time before date for the opening of bids iv. Bids will be opened at the time and place prescribed in the invitation for bids v. Must publicly advertise the invitation for bids vi. Bids must be opened publicly vii. Other procedural requirements found at 200.320(c)(2) D. Competitive Proposals 200.320(d) i. Used when conditions are not appropriate for the use of sealed bids ii. The appropriate method when more than one source is expected to submit an offer and either a fixed -price or cost -reimbursement type contract is awarded iii. Awards will be made to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered iv. Requests for proposals must be publicized and identify all evaluation factors and their relative importance v. Proposals must be solicited from an adequate number of qualified sources vi. Must have written method for conducting technical evaluations of the proposals received and for selection of the contract E. Noncompetitive Proposals 200.320(f) i. Procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: a. One Source: the item is available only from a single source b. Exigency/Emergency: an exigency or emergency will not permit a delay resulting from competitive solicitation c. Awarding Agency Approval: the Federal awarding agency or pass -through entity expressly authorizes noncompetitive proposals in response to a written request from the non -Federal entity d. Inadequate Competition: after the solicitation of a number of sources, competition is determined inadequate CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (200.321) A. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; B. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; E. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and F. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (a) through (e). CONTRACT PRICING (200.323) A. The cost plus a percentage of cost and percentage of construction cost method of contracting shall not be used. B. City of Riverdale shall perform some form of cost/price analysis for every procurement action, including contract modifications, amendments, or change orders. City of Riverdale shall make an independent estimate prior to receiving a bid or proposal. C. City of Riverdale shall negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. In determining a fair and reasonable profit, City of Riverdale must consider the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance and the industry profit rates in the surrounding geographical area. PROCUREMENT RECORDS City of Riverdale shall maintain records sufficient to detail the significant history of a procurement, including the rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. (200.324) (a) City of Riverdale must make available, upon request of the Federal awarding agency or pass - through entity, technical specifications on proposed procurements where the Federal awarding agency or pass -through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. (b) City of Riverdale must make available upon request, for the Federal awarding agency or pass - through entity preprocurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: (1) City of Riverdale's procurement procedures or operation fails to comply with the procurement standards in this Part; (2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; (3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand name" product; (4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or (5) A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. (c) City of Riverdale is exempt from the pre -procurement review in paragraph (b) of this section if the Federal awarding agency or pass -through entity determines that its procurement systems comply with the standards of this Part. (1) City of Riverdale may request that its procurement system be reviewed by the Federal awarding agency or pass -through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high -dollar funding, and third party contracts are awarded on a regular basis; (2) City of Riverdale may self -certify its procurement system. Such self -certification must not limit the Federal awarding agency's right to survey the system. Under a self -certification procedure, the Federal awarding agency may rely on written assurances from City of Riverdale that it is complying with these standards. City of Riverdale must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. AWARDED CONTRACTS A. City of Riverdale will not award a contract to a party listed as debarred, suspended, or otherwise excluded in the System for Award Management (SAM). www.sam.gov (200.213) B. Contracts awarded shall contain the applicable contract provisions described in 2 CFR 200.326 and Appendix II to Part 200. C. City of Riverdale will maintain written standards of conduct covering conflicts of interest and must provide for disciplinary action to be applied for violations of such standards as defined in 2 CFR 200.318 (c) (1). No officer, employee, or agent of the City of Riverdale shall participate in the selection, award, or administration of a contract supported by federal grant funds, if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: The employee, officer, or agent: Any member of his/her immediate family; His/her partner; or An organization which employs, or is about to employ any of the above; has a financial or other interest in the firm selected for award. City of Riverdale officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or subcontractors.To the extent permitted by federal, state, or local law or regulations, violation of these standards may cause penalties, sanctions, or other disciplinary actions to be taken against City of Riverdale's officers, employees, or agents. Passed and adopted this day of , 2019. Attest: Chairman, Board of Trustees Office Administrator Fire Fighter of The Year Award Ceremony Riverdale Firefighter Analiese Chapman awarded Fire Fighter of the Year 2019 The ceremony was postponed due to Covid-19 restrictions. Now wegett ce1ebrate,j When: May 1st 2021 From: 1:OOPM to 1:30PM Where: In front of the Riverdale fire station The Iowa Fire fighters Association will be presenting the Chapman family the fire fighter of the year award. Eastern Iowa Color Guard will be presenting the colors. Everyone is welcome to come. CITY OF RIVERDALE, IOWA EVENT POLICY Definition of an Event For the purposes of this policy, an event is described as: An organized gathering of 72 or more people (adults and/or minors) that includes the use, in any capacity, of City property (such as roadways, easements, parks, buildings, etc.), for gatherings such as parades, festivals, athletic events, block parties, rallies, processions, or mass gatherings, for any purpose. Purpose The purpose of this policy is to ensure that: • The City is aware of events taking place within the City's limits and that those events constitute appropriate use of City property. • The event's impact on residents, businesses, pedestrians, roadway users, facilities, parks, Riverdale Fire Department, Scott County Sheriff's Department, etc., is minimized. • Appropriate safety and security measures are in -place for events. • Event organizers have a plan for clean-up and/or damage mitigation post -event; event organizers bear the responsibility of the cost, organization, implementation, and remediation of all event - related activities, both planned and unplanned. Process The process for obtaining permission to hold an event in the City is: • An event application is submitted to the City of Riverdale no less than 30 days prior to the start date of the proposed event. If the event application is received less than 30 days prior to the start date of the proposed event, it will be rejected and not considered. • Once received, the Deputy City Clerk or City Administrator will schedule the application to be evaluated at an official, regularly scheduled Council meeting, within 20 days of receipt. Special meetings will not be arranged for the evaluation of an event application, with the exception of extenuating circumstances on the part of the City or Council (e.g. facilities or meetings cancelled due to weather, crisis, etc.). • In an official, regularly scheduled meeting, Council will consider the request and will approve or deny the request. • Once Council has made a determination, the Deputy City Clerk or City Administrator will communicate the decision to the applicant. In the event of a denial, the applicant may appeal the denial to Council within 15 days of receipt of notification. The appeal must outline errors in fact on the part of Council to be reconsidered. Appeals that meet these criteria will be considered at the next regularly scheduled Council meeting after receipt of the appeal. Requirements The requirements for obtaining an event permit are: • The applicant must be 18 years of age or older and provide a copy of a valid state -issued Driver's License or identification card. • Applications must be made no less than 30 days prior to the start date of the proposed event. • Applications are available on the City of Riverdale's website and/or at City Hall, located at 110 Manor Drive, Riverdale, Iowa 52722. • The fee to process an event application is $30, which is due at the time of application. • An event deposit of $100 is required at the time of application. At the termination of the event, the deposit is subject to refund, based on the terms and conditions of the application and approval. • Applications must be complete and document (with applicable attachments) a plan for security, safety, traffic control, property owner access, site plan, clean-up, insurance coverage, noise control, parking plan, utility requirements, emergency plan for health services, accessibility plan, and damage mitigation. Exclusions City employees organizing events (as defined above) as a function of their employment are excluded from this policy. (For example, a City employee organizing a City -sponsored event is not subject to this policy.) Alcoholic Beverages Applicants are responsible for ensuring alcohol permits are secured for events. For assistance with alcohol permits, contact the State of Iowa Alcoholic Beverages Division. Proof of permit is required at time of application. The sale or distribution of alcoholic beverages is not permitted at any event where the majority of event participants are anticipated to be twenty-one (21) years of age or younger. Adequate security and a plan to distinguish that event participants are of legal drinking age is required. For assistance with this requirement, applicants may contact the Scott County Sheriff's Department. Vendors The applicant is responsible for ensuring that all vendors hold adequate permits and insurance coverage to do business at the event. Clean -Up and Restroom Facilities The applicant is responsible for ensuring that all waste/trash related to the event is properly disposed of at the termination of the event. Failure to properly dispose of waste/trash will result in the forfeit of the event deposit. Additionally, it is the applicant's responsibility to ensure that operational restroom facilities are available for the event. The City has restroom facilities in some locations, which are available for use for events. However, based on attendance, applicants are responsible for ensuring additional restrooms are on -site for the proposed event. Security The applicant is responsible for ensuring proper security at the event. The appropriate number of off or on -duty officers will be determined by the applicant and the Scott County Sheriff's Department. Any security enforcement officers hired by the application will operate under the jurisdiction of the Scott County Sheriff's Department. Noise When a proposed event will include music, entertainment, or noise that may exceed the City's noise ordinance, and/or which may occur before sunrise or after sunset, the applicant is responsible for notifying all potentially affected residents and businesses and providing those entities an opportunity to object prior to submitting the application to the City. Documentation of such notification and any objections must be submitted with the application. Utilities Any plumbing or electrical/gas requirements above and beyond those that already exist on City property are the responsibility of the applicant. Additionally, the applicant is responsible for ensuring that licensed and bonded tradespeople tend to these requirements. For applications that include the use of tents and/or stakes in the ground, the applicant must contact Iowa One Call for utility locates, which must be in -place prior to breaking the ground. Parking, Traffic Control, and Street Closures The applicant is responsible for ensuring an adequate parking and traffic control plan that minimizes the impact of same on residents, business owners, and passers by in the area of the event. If the applicant is requesting a street closure, the applicant must arrange and pay for the rental and/or placement of signs, barricades, traffic enforcement officers, etc. If the application includes a State highway, the City will make the appropriate request for closure to the Iowa Department of Transportation. Smoking Smoking is not permitted in any City facility or on City property under any circumstance. This includes the use of tobacco products, alternative nicotine products, cigarettes, and vapor products, per the City's smoking ordinance. Applicants are advised to review and follow the Iowa Smoke Free Air Act. Insurance and Hold Harmless Statement The applicant will submit a Certificate of Liability Insurance naming the City of Riverdale with a minimum of $1,000,000 general liability and property damage coverage. The City of Riverdale must be identified as the certificate holder. Further, applicant will execute a Hold Harmless agreement with the City, which is available on the City of Riverdale's website and/or at City Hall, located at 110 Manor Drive, Riverdale, Iowa 52722 Cancellation Failure of an applicant to comply with this policy, the application process, plans for the event, and/or City or Council requests/directives will result in the termination/cancellation of the event. It may also lead to the immediate eviction of the event from the City's property. Should this happen, the applicant will lose the privilege of submitting event applications in the future. COST SHARING AGREEMENT THIS COST SHARING AGREEMENT (the "Agreement") is made and entered into as of the day of , 2021, by and between Iowa -American Water Company, a Delaware corporation ("Iowa -American"), and the City of Riverdale, Iowa, a municipal corporation in Iowa ("Riverdale"). Hereinafter, Iowa -American and Riverdale may be referred to individually as a "Party" or together as the "Parties." RECITALS: WHEREAS, Iowa -American provides water service and Riverdale provides sanitary sewer service to customers in Riverdale; WHEREAS, in December of 2020, Iowa -American experienced a water main break in the area of Fenno Road between Valley Road and Fenno Drive in Riverdale resulting in the need for replacement of water main, sanitary sewer, storm sewer, pavement and other infrastructure as documented in the February 11, 2021 Letter Report and Cost Estimation from MSA Professional Services which is attached hereto and incorporated as Exhibit A (hereinafter the "Work"). WHEREAS, Iowa -American and Riverdale desire to enter into an Agreement for cost sharing of the Work; NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements set forth herein, the Parties hereto agree as follows: 1. The above recitals are incorporated into this Agreement. 2. Scope of Work. Iowa -American agrees to provide design services, solicit bids and execute a contract for the Work. Iowa -American will develop plans and provide to Riverdale for their input and comment. The Parties shall agree on the final plans and scope of the Work to be bid and provide their agreement in writing. 3. Contractor Selection and Pricing. Iowa -American and Riverdale agree that the contract bidder with the lowest total contract price who meets Iowa -American's contract requirements and agrees to Iowa -American's safety protocols (hereinafter "Contractor") will be selected for the Work. Contract pricing will be determined via quantity of Work performed per unit price for the specific work (ie per lineal feet of water main installed or square yards of HMA pavement installed per square yard). Separate unit prices will be established for all Work to be funded by Iowa -American and Riverdale as set forth below. The Parties agree that lower pricing for each Party's cost share portion of the Work as outlined in Section 4 will not determine the contract bidder who is chosen to complete the Work. 4. Cost Sharing. The Contractor shall agree to invoice Illinois -American and Riverdale directly for each Party's agreed items from the Work as set forth below: -1- a. Iowa -American. Iowa -American agrees to pay the cost of the following items which will be a part of the Work: i. mobilization, ii. water main and associated equipment replacement and/or repair, iii. erosion and sediment control Best Management Practices, iv. repair and/or relocation of the sanitary sewer lateral to 1052 Valley Drive, v. construction of curb cuts for 205 and 206 Fenno Drive and 1052 Valley Drive (at a future date) vi. repaving Fenno Road from Valley Drive to Fenno Drive following the Iowa Statewide Urban Design and Specifications (SUDAS). b. Cost Sharing -Riverdale. Riverdale agrees to pay the cost of the following items which will be a part of the Work: i. all storm sewer and associated equipment repair and/or replacement, ii. sanitary sewer and associated equipment repair and/or replacement, iii. manhole chimney repair and/or replacement, 5. Inspection. Iowa -American shall have the right at all times during construction to inspect the progress of the Work performed and direct the Work. The City of Riverdale, and / or their Engineer, shall have the right to inspect the quality of the work at any time. If issues are found, Iowa America will be notified, first by phone call to Iowa American's Project Manager, then by following up in writing. The city agrees to pay MSA separately for their time. 6. Iowa American agrees that, as part of their construction agreement with the selected Contractor, they will require acceptable insurance and warranty bonding levels. Iowa American agrees that the selected Contractor shall warranty the project for the period of one year. 7. Notice. Any notice required or permitted to be given under this Agreement shall be deemed delivered and be effective on the date physically delivered to the party to whom notice is being provided or two (2) calendar days following the date on which the notice is deposited in the United States Mail, postage prepaid, certified delivery, and addressed to the party to whom notice is being provided, as follows: Iowa -American: Riverdale: Iowa -American Water Company 5201 Grand Ave. Davenport, Iowa 52807 Attn: VP of Engineering Attn: 2 With copy to: Iowa -American Water Company Legal Depai Lanni 300 N. Water Works Drive Belleville, IL 62223 Each party shall promptly provide written notice to the other party, as provided herein, of any subsequent change of address. 8. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. 9. Entire Agreement. This Agreement, together with the exhibits hereto, sets forth the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between them. No change in, addition to, or waiver of any of the provisions of this Agreement shall be binding upon any party unless in writing and signed by the party sought to be bound. 10. Successors and Assignment. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, provided, however, that an assignment or other transfer of this Agreement or any rights or obligations hereunder by County shall not be binding upon Iowa -American or create any rights in the assignee until such assignment or other transfer is approved and accepted in writing by Iowa -American. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their authorized individuals to be effective as of the day, month, and year first above written. IOWA -AMERICAN WATER COMPANY By: CITY OF RIVERDALE, IOWA By: -3- - 4 - COST SHARING AGREEMENT THIS COST SHARING AGREEMENT (the "Agreement") is made and entered into as of the day of , 2021, by and between Iowa -American Water Company, a Delaware corporation ("Iowa -American"), and the City of Riverdale, Iowa, a municipal corporation in Iowa ("Riverdale"). Hereinafter, Iowa -American and Riverdale may be referred to individually as a "Party" or together as the "Parties." RECITALS: WHEREAS, Iowa -American provides water service and Riverdale provides sanitary sewer service to customers in Riverdale; WHEREAS, in December of 2020, Iowa -American experienced a water main break in the area of Fenno Road between Valley Road and Fenno Drive in Riverdale resulting in the need for replacement of water main, sanitary sewer, storm sewer, pavement and other infrastructure as documented in the February 11, 2021 Letter Report and Cost Estimation from MSA Professional Services which is attached hereto and incorporated as Exhibit A (hereinafter the "Work"). WHEREAS, Iowa -American and Riverdale desire to enter into an Agreement for cost sharing of the Work; NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements set forth herein, the Parties hereto agree as follows: 1. The above recitals are incorporated into this Agreement. 2. Scope of Work. Iowa -American agrees to provide design services, solicit bids and execute a contract for the Work. Iowa -American will develop plans and provide to Riverdale for their input and comment. The Parties shall agree on the final plans and scope of the Work to be bid and provide their agreement in writing. 3. Contractor Selection and Pricing. Iowa -American and Riverdale agree that the contract bidder with the lowest total contract price who meets Iowa -American's contract requirements and agrees to Iowa -American's safety protocols (hereinafter "Contractor") will be selected for the Work. Contract pricing will be determined via quantity of Work performed per unit price for the specific work (ie per lineal feet of water main installed or square yards of HMA pavement installed per square yard). Separate unit prices will be established for all Work to be funded by Iowa -American and Riverdale as set forth below. The Parties agree that lower pricing for each Party's cost share portion of the Work as outlined in Section 4 will not determine the contract bidder who is chosen to complete the Work. 4. Cost Sharing. The Contractor shall agree to invoice Illinois -American and Riverdale directly for each Party's agreed items from the Work as set forth below: -1- a. Iowa -American. Iowa -American agrees to pay the cost of the following items which will be a part of the Work: i. mobilization, ii. water main and associated equipment replacement and/or repair, iii. erosion and sediment control Best Management Practices, iv. repair and/or relocation of the sanitary sewer lateral to 1052 Valley Drive, v. construction of curb cuts for 205 and 206 Fenno Drive and 1052 Valley Drive (at a future date) vi. repaving Fenno Road from Valley Drive to Fenno Drive following the Iowa Statewide Urban Design and Specifications (SUDAS). b. Cost Sharing -Riverdale. Riverdale agrees to pay the cost of the following items which will be a part of the Work: i. all storm sewer and associated equipment repair and/or replacement, ii. sanitary sewer and associated equipment repair and/or replacement, iii. manhole chimney repair and/or replacement, 5. Inspection. Iowa -American shall have the right at all times during construction to inspect the progress of the Work performed and direct the Work. 6. Notice. Any notice required or permitted to be given under this Agreement shall be deemed delivered and be effective on the date physically delivered to the party to whom notice is being provided or two (2) calendar days following the date on which the notice is deposited in the United States Mail, postage prepaid, certified delivery, and addressed to the party to whom notice is being provided, as follows: Iowa -American: Riverdale: Iowa -American Water Company 5201 Grand Ave. Davenport, Iowa 52807 Attn: VP of Engineering Attn: With copy to: Iowa -American Water Company Legal Department 300 N. Water Works Drive Belleville, IL 62223 Each party shall promptly provide written notice to the other party, as provided herein, of any subsequent change of address. 2 7. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. 8. Entire Agreement. This Agreement, together with the exhibits hereto, sets forth the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between them. No change in, addition to, or waiver of any of the provisions of this Agreement shall be binding upon any party unless in writing and signed by the party sought to be bound. 9. Successors and Assignment. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, provided, however, that an assignment or other transfer of this Agreement or any rights or obligations hereunder by County shall not be binding upon Iowa -American or create any rights in the assignee until such assignment or other transfer is approved and accepted in writing by Iowa -American. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their authorized individuals to be effective as of the day, month, and year first above written. IOWA -AMERICAN WATER COMPANY By: CITY OF RIVERDALE, IOWA By: -3-