Explanation: Bids were opened and publicly read on February 13, 2018, for Project #1283 with the following results:

Transcription

1 MOLINE CITY COUNCIL AGENDA Tuesday, March 13, :00 p.m. (Immediately following the Committee-of-the-Whole meeting) City Hall Council Chambers 2 nd Floor th Street Moline, IL Call to Order Pledge of Allegiance Invocation Alderman Turner Roll Call Consent Agenda All items under the consent agenda will be enacted by one motion. There will be no separate discussions of these items unless a Council Member so requests, in which case, the item will be moved from the Consent Agenda and considered as the first item after the Omnibus Vote. Approval of Minutes Committee-of-the-Whole and Council meeting minutes of March 6, Resolutions 1. Council Bill/Resolution A Resolution authorizing the Mayor and City Clerk to execute a Contract with Needham Excavating for Project #1283, 11 th Street Reconstruction, 19 th 23 rd Avenue. Explanation: Bids were opened and publicly read on February 13, 2018, for Project #1283 with the following results: $1,342, Needham Excavating $1,374, Langman Construction Inc. $1,396, Centennial Contractors $1,482, Valley Construction Co. $1,604, McCarthy Improvement Co. $1,604, Brandt Construction Co. $1,618, Fischer Excavating, Inc. COUNCIL MEMBER PRESENT ABSENT Rodriguez Parker Wendt Potter Turner Schoonmaker Waldron Berg Mayor Acri Needham Excavating submitted the lowest responsible and responsive bid. Project #1283 is a two year project. Funds will be budgeted in the 2019 Infrastructure Improvement Plan for work to be completed in Additional documentation attached. Fiscal Impact: Funds are budgeted as detailed below: ACCOUNT BUDGETED AS-BID Utility Tax 260, , Water 150, , WPC 190, , Storm 75, , $675, $1,342,683.20

2 Public Notice/Recording: N/A 2. Council Bill/Resolution A Resolution authorizing the Mayor and City Clerk to execute a Contract with Patriot Pavement Maintenance for Project #1290, 2018 Joint and Crack Sealing Program. Explanation: Bids were opened and publicly read on February 13, 2018, for Project #1290 with the following results: $68, Patriot Pavement Maintenance $70, Denler, Inc. $96, Centennial Contractors Patriot Pavement Maintenance submitted the lowest responsible and responsive bid. Additional documentation attached. Fiscal Impact: Funds are budgeted as detailed below: ACCOUNT BUDGETED AS-BID CIF 75, , Water WPC Storm $75, $68, Public Notice/Recording: N/A 3. Council Bill/Resolution A Resolution authorizing the Mayor and City Clerk to execute a Contract with Tri City Blacktop, Inc. for Project #1291, 2018 Sealcoat Program. Explanation: Bids were opened and publicly read on February 20, 2018, for Project #1291 with the following results: $103, Tri City Blacktop, Inc. $114, Brandt Construction Co. Tri City Blacktop, Inc. submitted the lowest responsible and responsive bid. attached. Additional documentation Fiscal Impact: Funds are budgeted as detailed below: ACCOUNT BUDGETED AS-BID CIF 100, , Water WPC Storm $100, $103, Public Notice/Recording: N/A

3 4. Council Bill/Resolution A Resolution authorizing the Mayor and City Clerk to adopt the City of Moline Community Development Block Grant Program Policies and Procedures Manual Amendment to Section II(A), Introduction. Explanation: On February 26, 2018, the Citizens Advisory Council on Urban Policy approved one key amendment to the current Manual with a recommendation to City Council for approval. This amendment is necessary to continue to adhere to the established regulatory policies as outlined in Title 1 of the Housing and Community Development Act of 1974 as amended. Additional documentation attached. Fiscal Impact: Public Notice/Recording: Omnibus Vote Non - Consent Agenda N/A N/A Resolutions 5. Council Bill/Resolution A Resolution authorizing the Mayor and City Clerk to execute an Intergovernmental Agreement between the Sheriff of Rock Island County, Illinois, the County of Rock Island, Illinois, and the City of Moline, Illinois, and any necessary agreements referenced therein, for the City s lease of real property from the Sheriff and County, accepting a grant of permanent utility and drainage easement, and ownership of the elevated water storage tank and ground storage tank located on the Oak Glen real property; and authorizing all appropriate City officers and staff to do all things necessary to complete each of the City s responsibilities pursuant to said Agreement. OMNIBUS VOTE Council Member Aye Nay Turner Schoonmaker Waldron Berg Rodriguez Parker Wendt Potter Mayor Acri Council Member Aye Nay Turner Schoonmaker Waldron Berg Rodriguez Parker Wendt Potter Mayor Acri Explanation: The County operated a nursing home known as Oak Glen within its jurisdiction and, as part of that operation, an elevated water tank and ground storage tank were located on the Oak Glen real property. The County no longer operates a nursing home on the Oak Glen real property and does not utilize the water tanks on the property. The City s water utility has become more efficient and has excess water to store. Additionally, the City owns real estate in proximity to these water tanks, and use of these water tanks will assist in the development of that real estate. Pursuant to this Agreement, the City would take ownership of the water tanks and would lease the real property from the Sheriff and County where these water tanks are located. The lease would be for a term of ninety-nine (99) years. As consideration for the lease, the City would provide utilities (electricity, water, and sewer) to a restroom facility located on a portion of the Oak Glen real property that is not being leased to the City. Further consideration would be payment to the Sheriff of fifty percent (50%) of any profit received by the City from the lease of air space above or on the top surface of the water tanks, if any. Additional documentation attached. Fiscal Impact: Public Notice/Recording: N/A Recording fees for Easement and for Memorandum of Agreement

4 6. Council Bill/Resolution A Resolution authorizing the Mayor and City Clerk to execute a Contract with Langman Construction, Inc. for Project #1284, 32 nd Street Reconstruction, 15 th 18 th Avenue. Explanation: Bids were opened and publicly read on February 13, 2018, for Project #1284 with the following results: Council Member Aye Nay Turner Schoonmaker Waldron Berg Rodriguez Parker Wendt Potter Mayor Acri $531, Langman Construction, Inc. $540, Law Excavating Inc. $547, Walter D. Laud, Inc. $579, Brandt Construction Co. $584, Valley Construction Co. $595, Miller Trucking & Excavating $608, McCarthy Improvement Co. $659, Fischer Excavating, Inc. Langman Construction, Inc. submitted the lowest responsible and responsive bid. The budgeted $35, WPC funds include $25, for lining the sanitary sewer. The lining work is not included in this contract, but will be included in the annual lining contract. Additional documentation attached. Fiscal Impact: Funds are budgeted as detailed below: ACCOUNT BUDGETED AS-BID Utility Tax 330, , Water 180, , WPC 35, , Storm 85, , $630, $531, Public Notice/Recording: N/A 7. Council Bill/Resolution A Resolution authorizing the Mayor and City Clerk to enter into an Agreement for Residential Single-Stream Curbside Recyclable Waste Services with Midland Davis Corporation for the amount of $6,232,152 and authorizing the Municipal Services General Manager to purchase recycling carts by the method that is most advantageous to the City Council Member Aye Nay Turner Schoonmaker Waldron Berg Rodriguez Parker Wendt Potter Mayor Acri Explanation: The current Agreement for Curbside Recyclable Waste Services with Midland Davis Corporation will expire March 31, The terms of said Agreement shall be for 10 years beginning April 1, 2018, and ending March 31, The Agreement adds glass and aseptic packaging to the City s current single-stream recycling program and provides every residential property with one (1) ninety-five (95) gallon collection cart. Bids were opened and publicly read on January 10, 2018, with the following results: Midland Davis Corporation, $7,369,752 and Republic Services, $7,520,488. Midland Davis Corporation submitted the lowest responsive and responsible bid. After reviewing the bid, staff has determined it would be most advantageous to the City to maintain ownership of the recycling carts. After deducting Midland s cost for purchasing the carts in the amount of $1,137,600, the total amount of their bid is $6,232,152. Municipalities are eligible to apply for the Closed Loop Fund Grant that provides 0% financing specifically for recycling programs. If the City secures the Closed Loop Fund Grant, the cost to purchase carts at 0% financing is $842,000. If the City does not secure the grant and purchases carts

5 through a bank loan at 3.055% financing, the cost is $978,220. Fiscal Impact: $477,200 is budgeted in # , Other Contractual Service with remainder available in Sanitation Fund Reserves. Public Notice/Recording: N/A Miscellaneous Business (if necessary) Public Comment Members of the Public are permitted to speak after coming to the podium and stating their names. Executive Session (if necessary)

6 Council Bill/Resolution No Sponsor: A RESOLUTION AUTHORIZING the Mayor and City Clerk to execute a Contract with Langman Construction, Inc., for Project #1284, 32 nd Street Reconstruction, 15 th 18 th Avenue, in the amount of $531, WHEREAS, bids were publicly read on February 13, 2018; and WHEREAS, bids were solicited with Langman Construction, Inc., submitting the lowest responsible and responsive bid; and WHEREAS, the budgeted $35,000 WPC funds include $25,000 for lining the sanitary sewer; and WHEREAS, the lining work is not included in this contract, but will be included in the annual lining contract; and WHEREAS, funds are budgeted as detailed below: ACCOUNT BUDGETED AS-BID Utility Tax 330, , Water 180, , WPC 35, , Storm 85, , $630, $531, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: That the Mayor and City Clerk are hereby authorized to execute a Contract with Langman Construction, Inc., for Project #1284, 32 nd Street Reconstruction, 15 th 18 th Avenue, in the amount of $531,339.50; provided, however, that said Contract is substantially similar in form and content to that attached hereto and incorporated herein by this reference thereto as Exhibit A and has been approved as to form by the City Attorney. CITY OF MOLINE, ILLINOIS Passed: March 13, 2018 Approved: March 27, 2018 Attest: City Clerk Approved as to form: Mayor Date March 13, 2018 City Attorney

7 CITY OF MOLINE CONTRACT THIS AGREEMENT, made and concluded this _ day of, A.D., 2018, between LANGMAN CONSTRUCTION INC. of TH AVENUE, ROCK ISLAND, IL hereinafter referred to as the CONTRACTOR, and the CITY OF MOLINE, ILLINOIS, hereinafter referred to as the CITY; WITNESSETH, that the CONTRACTOR for and in consideration of the payments to be made to it by the CITY in the amount of FIVE HUNDRED THIRTY ONE THOUSAND THREE HUNDRED THIRTY NINE AND 50/100 ($531,339.50) DOLLARS hereby covenants and agrees, to and with the CITY, that it shall and will in good and workmanlike manner, furnish all the labor and material for PROJECT #1284, 32 ND STREET RECONSTRUCTION, 15 TH 18 TH AVENUE as set out in the plans and specifications. Such work to be under the direction and to the satisfaction of the City Engineer, and in accordance with the plans and specifications, which are a part of this contract. The work to be commenced not later than 10 days after the execution of this contract; to progress regularly and uninterruptedly after it shall have been begun excepting as shall otherwise be ordered by the City Council of the City of Moline (hereinafter referred to as the City Council ), or its authorized representative, and shall be finished and fully completed within the timeframe set forth in the specifications; the time of commencement, rate of progress and time of completion being essential conditions of this contract; PROVIDED, however that if the time of the performance of the contract herein be for any reason either expressly or by implication extended, such extension shall not affect the validity of this contract. The Contractor further agrees that the unit prices submitted are for the purpose of obtaining a gross sum, and for use in computing the value of extras and deductions; that if there is a discrepancy between the gross sum bid and that resulting from the summation of the quantities multiplied by their

8 respective unit prices, the latter shall apply. When this contract shall be wholly carried out and completed on the part of the Contractor, and when said work has been accepted by the City, a sum of money shall be computed by multiplying the following unit prices by the quantity of items completed, it being understood that the following total sum of money listed is for the purpose of determining the amount of the performance, labor, material and maintenance bond only. Such payment shall be made as provided for in the said specifications. This Contract calls for the construction of a public work within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/.01 et seq. ( the Act ). The Act requires contractors, subcontractors, and truckers to pay laborers, workers, and mechanics performing services on public works projects not less than the prevailing rate of wages (hourly cash wages plus fringe benefits) in the county where the work is performed. The prevailing wage rates for projects for the City of Moline required by Moline Special Ordinance are updated monthly by the Illinois Department of Labor and may be found at: All contractors, subcontractors, and truckers rendering services under this contract must comply with all requirements of the Act, including but not limited to, all wage, notice and record keeping duties. All contractors, subcontractors, and truckers shall keep an accurate record showing the names and occupations of all laborers, workers, and mechanics employed by them on this contract, and also showing the actual hourly wages paid to each of such persons and shall preserve their weekly payroll records for a period of three (3) years from the date of completion of the contract. Weekly certified payrolls shall be sent to the City Engineer. For further information, please refer to the Illinois Department of Labor s website at: It is further provided that the CONTRACTOR shall upon the sealing of this contract, file with the CITY a good and sufficient bond in the penal sum of FIVE HUNDRED THIRTY ONE 2

9 THOUSAND THREE HUNDRED THIRTY NINE AND 50/100 ($531,339.50) DOLLARS conditioned upon the faithful performance and execution of the work covered by this contract according to the complete and detailed specifications and full and complete drawings, profiles and models therefore, and according to the terms and conditions of this contract, and conditioned also that the CONTRACTOR shall pay all debts incurred by said CONTRACTOR in the prosecution of such work, including those for labor and materials furnished. The CONTRACTOR further agrees to pay liquidated damages as set forth in the specifications for failure to complete the Project by the date specified. IN WITNESS WHEREOF, the said Parties have executed these presents on the date above mentioned. CONTRACTOR: CITY: CITY OF MOLINE, ILLINOIS By: Approved as to form: By: Attest: Mayor City Clerk City Attorney Date: Date: Performance Bond Attached Certificate of Insurance Attached 3

10 CITY OF MOLINE, IL BID TABULATION Bid Date and Time: February 13, :00 a.m. Project: nd Street Reconstruction ITEM UNIT UNIT UNIT NO. ITEM UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 TRAFFIC CONTROL LS 1 $3, $3, $5, $5, $2, $2, SEEDING SPECIAL COMPLETE LS 1 $2, $2, $12, $12, $10, $10, EARTH EXCAVATION CY 265 $18.50 $4, $16.00 $4, $30.00 $7, EARTH EMBANKMENT CY 385 $16.00 $6, $19.00 $7, $15.00 $5, TREE REMOVAL: 6 TO 15 UNITS DIAMETER UNITS 82 $25.00 $2, $22.00 $1, $40.00 $3, TREE REMOVAL: OVER 15 UNITS DIAMETER UNITS 116 $25.00 $2, $28.00 $3, $60.00 $6, PAVEMENT REMOVAL SY 123 $12.00 $1, $10.00 $1, $16.00 $1, DRIVEWAY PAVEMENT REMOVAL SY 98 $12.00 $1, $12.00 $1, $20.00 $1, SIDEWALK REMOVAL SF 1,204 $1.50 $1, $3.00 $3, $2.00 $2, CLASS B PATCH, TYPE II SY 26 $ $3, $ $3, $ $3, CLASS B PATCH, TYPE IV SY 247 $ $34, $ $29, $ $28, PCC DRIVEWAY PAVEMENT SY 314 $97.00 $30, $65.70 $20, $66.00 $20, PCC SIDEWALK, 4" SF 4,368 $9.00 $39, $6.60 $28, $7.00 $30, PCC SIDEWALK RAMP, 6" SF 271 $15.00 $4, $22.00 $5, $20.00 $5, DETECTABLE WARNINGS SF GEOTECHNICAL FABRIC FOR GROUND STABILIZATION SY 2,753 Langman Construction Inc. Law Excavating Inc. Walter D. Laud, Inc. $55.00 $3, $44.00 $2, $25.00 $1, $1.00 $2, $2.00 $5, $1.25 $3, AGGREGATE BASE COURSE, TYPE B, 4" SY 483 $7.00 $3, $10.00 $4, $7.00 $3, AGGREGATE BASE COURSE, TYPE B, 8" SY 1,600 $12.00 $19, $13.00 $20, $12.00 $19, CONCRETE CURB AND GUTTER, B6.18 LF 1,450 $40.00 $58, $35.40 $51, $36.00 $52, PRIME COAT LB 1,000 $0.50 $ $0.50 $ $0.50 $ HOT-MIX ASPHALT SURFACE REMOVAL, 3" SY 534 $15.00 $8, $14.85 $7, $14.00 $7, POLYMERIZED HOT-MIX ASPHALT SURFACE COURSE, 1.5" SY 2,281 $8.00 $18, $8.63 $19, $8.00 $18, HOT-MIX ASPHALT BINDER COURSE, 1.5" SY 2,281 $8.00 $18, $8.63 $19, $8.00 $18, The above prices are "as read" and are subject to approval by the City of Moline Engineering Department. 8

11 24 MIXTURE FOR JOINTS, CRACKS & FLANGEWAYS TON 5 25 MANHOLE TO BE ADJUSTED EA 2 $ $1, $ $1, $ $1, $ $1, $1, $3, $2, $4, SEGMENTAL BLOCK RETAINING WALL SF 60 $60.00 $3, $35.00 $2, $30.00 $1, HYDRANT TO BE REMOVED EA 2 $ $1, $1, $2, $ $1, ABANDON AND FILL WATER MAIN CY 35 $ $3, $ $5, $5.00 $ REMOVE VALVE VAULT EA 3 $ $1, $ $1, $ $2, ABANDON AND FILL VALVE VAULT EA 1 $ $ $ $ $ $ WATER MAIN, DIP, P CL 350, 6" LF 15 $ $1, $ $1, $67.00 $1, WATER MAIN, DIP, P CL 350, 8" LF 1,050 $ $120, $82.00 $86, $75.00 $78, TEE, 8X6" EA 3 $ $1, $ $2, $ $1, TEE, 8X8" EA "X6" TAPPING TEE WITH 6" VALVE AND VALVE BOX EA 1 36 VALVE AND VALVE BOX, 6" EA 1 $ $1, $ $1, $ $1, $2, $2, $3, $3, $3, $3, $1, $1, $1, $1, $1, $1, VALVE AND VALVE BOX, 8" EA 4 $1, $4, $2, $8, $1, $6, FIRE HYDRANT ASSEMBLY EA 2 $4, $8, $1, $3, $5, $10, TEMPORARY HYDRANT FOR TESTING EA 1 $ $ $3, $3, $1, $1, "X6" REDUCER EA 1 $ $ $ $ $ $ DI PLUG, 6" EA 2 $ $ $ $ $ $ SOLID SLEEVE, 6" EA 1 $ $ $ $ $ $ SOLID SLEEVE, 8" EA 2 $ $ $ $1, $ $1, WATER MAIN ENCASEMENT LF WATER SERVICE CONNECTION COMPLETE, 1" EA 15 $20.00 $2, $75.00 $7, $ $10, $ $1, $ $7, $1, $22, COPPER WATER SERVICE PIPE, 1" LF 309 $36.00 $11, $42.00 $12, $18.00 $5, CURB STOP & BOX, 1" EA 15 $ $3, $ $6, $ $3, STANDARD TEST CONNECTION, 1" EA 2 $ $ $1, $3, $ $ TRENCH BACKFILL (WATER) CY 1,000 $5.00 $5, $34.00 $34, $16.00 $16, SANITARY LAMPHOLE REMOVAL EA 2 $ $ $ $1, $ $ The above prices are "as read" and are subject to approval by the City of Moline Engineering Department. 8

12 51 SAN. MANHOLE TYPE A 4' DIA. W/ TYPE 1 FRAME CLOSED LID EA 2 52 STORM SEWER REMOVAL, 12" LF 355 $3, $7, $5, $10, $3, $6, $7.00 $2, $22.00 $7, $55.00 $19, DITCH CLEANING, GRADING, AND SHAPING LF 130 $10.00 $1, $12.00 $1, $40.00 $5, STORM SEWER, 12" RCP LF 50 $ $5, $60.00 $3, $45.00 $2, STORM SEWER, 18" RCP LF 209 $ $22, $80.00 $16, $ $25, STORM SEWER, 24" RCP LF 104 $ $12, $96.00 $9, $ $13, CATCH BASIN DOUBLE EA 4 $5, $20, $2, $8, $6, $24, STM. MANHOLE TYPE A 4' DIA. W/ TYPE 1 FRAME CLOSED LID EA 1 $3, $3, $7, $7, $3, $3, PCC FLARED END SECTION, 18" EA 2 $ $1, $ $1, $1, $2, PCC FLARED END SECTION, 24" EA 1 $ $ $1, $1, $1, $1, STONE DUMPED RIPRAP, RR-4 TON 36 $45.00 $1, $48.00 $1, $ $3, TRENCH BACKFILL (STORM) CY 190 $20.00 $3, $39.50 $7, $32.50 $6, TOTAL $531, $540, $547, ITEM UNIT UNIT UNIT NO. ITEM UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 TRAFFIC CONTROL LS 1 $41, $41, $54, $54, $7, $7, SEEDING SPECIAL COMPLETE LS 1 $23, $23, $10, $10, $15, $15, EARTH EXCAVATION CY 265 $15.00 $3, $34.00 $9, $1.00 $ EARTH EMBANKMENT CY 385 $13.50 $5, $36.00 $13, $1.00 $ TREE REMOVAL: 6 TO 15 UNITS DIAMETER UNITS 82 $26.00 $2, $21.00 $1, $17.00 $1, TREE REMOVAL: OVER 15 UNITS DIAMETER UNITS 116 $31.50 $3, $28.00 $3, $30.00 $3, PAVEMENT REMOVAL SY 123 $16.50 $2, $16.00 $1, $15.00 $1, DRIVEWAY PAVEMENT REMOVAL SY 98 $16.50 $1, $23.00 $2, $15.00 $1, SIDEWALK REMOVAL SF 1,204 $1.50 $1, $3.00 $3, $1.50 $1, CLASS B PATCH, TYPE II SY 26 Brandt Construction Co. Valley Construction Co. Miller Trucking & Excavating $ $4, $ $2, $ $2, CLASS B PATCH, TYPE IV SY 247 $ $28, $81.00 $20, $92.50 $22, The above prices are "as read" and are subject to approval by the City of Moline Engineering Department. 8

13 12 PCC DRIVEWAY PAVEMENT SY 314 $65.50 $20, $69.00 $21, $75.00 $23, PCC SIDEWALK, 4" SF 4,368 $5.00 $21, $7.00 $30, $7.00 $30, PCC SIDEWALK RAMP, 6" SF 271 $19.00 $5, $21.00 $5, $22.50 $6, DETECTABLE WARNINGS SF GEOTECHNICAL FABRIC FOR GROUND STABILIZATION SY 2,753 $52.00 $3, $22.00 $1, $50.00 $3, $1.25 $3, $1.00 $2, $1.50 $4, AGGREGATE BASE COURSE, TYPE B, 4" SY 483 $9.50 $4, $8.00 $3, $10.50 $5, AGGREGATE BASE COURSE, TYPE B, 8" SY 1,600 $13.50 $21, $9.00 $14, $15.00 $24, CONCRETE CURB AND GUTTER, B6.18 LF 1,450 $23.50 $34, $54.00 $78, $45.00 $65, PRIME COAT LB 1,000 $2.00 $2, $1.00 $1, $0.57 $ HOT-MIX ASPHALT SURFACE REMOVAL, 3" SY POLYMERIZED HOT-MIX ASPHALT SURFACE COURSE, 1.5" SY 2,281 $9.00 $4, $8.00 $4, $15.00 $8, $10.00 $22, $11.00 $25, $9.00 $20, HOT-MIX ASPHALT BINDER COURSE, 1.5" SY 2,281 $10.00 $22, $10.00 $22, $9.00 $20, MIXTURE FOR JOINTS, CRACKS & FLANGEWAYS TON 5 $ $1, $ $2, $ $1, MANHOLE TO BE ADJUSTED EA 2 $ $1, $ $1, $ $1, SEGMENTAL BLOCK RETAINING WALL SF 60 $ $6, $37.00 $2, $ $7, HYDRANT TO BE REMOVED EA 2 $ $1, $ $1, $1, $2, ABANDON AND FILL WATER MAIN CY 35 $ $8, $ $6, $ $8, REMOVE VALVE VAULT EA 3 $1, $4, $ $1, $ $2, ABANDON AND FILL VALVE VAULT EA 1 $ $ $ $ $ $ WATER MAIN, DIP, P CL 350, 6" LF 15 $ $2, $90.00 $1, $90.00 $1, WATER MAIN, DIP, P CL 350, 8" LF 1,050 $85.00 $89, $67.00 $70, $90.00 $94, TEE, 8X6" EA 3 $ $1, $ $2, $ $1, TEE, 8X8" EA "X6" TAPPING TEE WITH 6" VALVE AND VALVE BOX EA 1 36 VALVE AND VALVE BOX, 6" EA 1 $ $1, $ $1, $ $1, $3, $3, $3, $3, $2, $2, $1, $1, $1, $1, $ $ VALVE AND VALVE BOX, 8" EA 4 $1, $7, $1, $6, $1, $5, FIRE HYDRANT ASSEMBLY EA 2 $4, $9, $4, $8, $4, $8, The above prices are "as read" and are subject to approval by the City of Moline Engineering Department. 8

14 39 TEMPORARY HYDRANT FOR TESTING EA 1 $4, $4, $1, $1, $2, $2, "X6" REDUCER EA 1 $ $ $ $ $ $ DI PLUG, 6" EA 2 $ $ $ $ $ $ SOLID SLEEVE, 6" EA 1 $ $ $ $ $ $ SOLID SLEEVE, 8" EA 2 $ $1, $ $1, $ $ WATER MAIN ENCASEMENT LF WATER SERVICE CONNECTION COMPLETE, 1" EA 15 $94.00 $9, $62.00 $6, $ $15, $ $4, $ $2, $ $8, COPPER WATER SERVICE PIPE, 1" LF 309 $43.50 $13, $6.00 $1, $35.00 $10, CURB STOP & BOX, 1" EA 15 $ $9, $ $4, $ $7, STANDARD TEST CONNECTION, 1" EA 2 $ $1, $1, $2, $ $ TRENCH BACKFILL (WATER) CY 1,000 $15.00 $15, $41.00 $41, $24.00 $24, SANITARY LAMPHOLE REMOVAL EA 2 51 SAN. MANHOLE TYPE A 4' DIA. W/ TYPE 1 FRAME CLOSED LID EA 2 52 STORM SEWER REMOVAL, 12" LF 355 $ $ $ $1, $ $ $4, $8, $4, $8, $5, $11, $28.00 $9, $27.00 $9, $20.00 $7, DITCH CLEANING, GRADING, AND SHAPING LF 130 $13.50 $1, $13.00 $1, $50.00 $6, STORM SEWER, 12" RCP LF 50 $63.50 $3, $57.00 $2, $80.00 $4, STORM SEWER, 18" RCP LF 209 $71.50 $14, $49.00 $10, $ $30, STORM SEWER, 24" RCP LF 104 $ $11, $69.00 $7, $ $21, CATCH BASIN DOUBLE EA 4 $6, $27, $4, $16, $3, $14, STM. MANHOLE TYPE A 4' DIA. W/ TYPE 1 FRAME CLOSED LID EA 1 $5, $5, $4, $4, $7, $7, PCC FLARED END SECTION, 18" EA 2 $ $1, $1, $2, $1, $2, PCC FLARED END SECTION, 24" EA 1 $1, $1, $1, $1, $1, $1, STONE DUMPED RIPRAP, RR-4 TON 36 $88.00 $3, $71.00 $2, $50.00 $1, TRENCH BACKFILL (STORM) CY 190 $15.00 $2, $43.00 $8, $26.00 $4, TOTAL $579, $584, $595, The above prices are "as read" and are subject to approval by the City of Moline Engineering Department. 8

15 McCarthy Improvement Co. Fischer Excavating, Inc. ITEM UNIT UNIT NO. ITEM UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT 1 TRAFFIC CONTROL LS 1 $70, $70, $2, $2, SEEDING SPECIAL COMPLETE LS 1 $15, $15, $10, $10, EARTH EXCAVATION CY 265 $30.00 $7, $51.00 $13, EARTH EMBANKMENT CY 385 $20.00 $7, $25.50 $9, TREE REMOVAL: 6 TO 15 UNITS DIAMETER UNITS 82 $50.00 $4, $18.00 $1, TREE REMOVAL: OVER 15 UNITS DIAMETER UNITS 116 $60.00 $6, $28.00 $3, PAVEMENT REMOVAL SY 123 $13.50 $1, $11.50 $1, DRIVEWAY PAVEMENT REMOVAL SY 98 $13.50 $1, $12.00 $1, SIDEWALK REMOVAL SF 1,204 $1.35 $1, $3.00 $3, CLASS B PATCH, TYPE II SY 26 $ $7, $ $4, CLASS B PATCH, TYPE IV SY 247 $ $33, $ $38, PCC DRIVEWAY PAVEMENT SY 314 $68.00 $21, $72.00 $22, PCC SIDEWALK, 4" SF 4,368 $5.50 $24, $8.40 $36, PCC SIDEWALK RAMP, 6" SF 271 $11.50 $3, $21.40 $5, DETECTABLE WARNINGS SF GEOTECHNICAL FABRIC FOR GROUND STABILIZATION SY 2,753 $60.00 $3, $25.00 $1, $1.30 $3, $1.95 $5, AGGREGATE BASE COURSE, TYPE B, 4" SY 483 $9.25 $4, $13.00 $6, AGGREGATE BASE COURSE, TYPE B, 8" SY 1,600 $12.50 $20, $18.60 $29, CONCRETE CURB AND GUTTER, B6.18 LF 1,450 $29.00 $42, $42.60 $61, PRIME COAT LB 1,000 $0.01 $10.00 $0.01 $ HOT-MIX ASPHALT SURFACE REMOVAL, 3" SY POLYMERIZED HOT-MIX ASPHALT SURFACE COURSE, 1.5" SY 2,281 $16.00 $8, $22.00 $11, $10.50 $23, $10.50 $23, HOT-MIX ASPHALT BINDER COURSE, 1.5" SY 2,281 $9.25 $21, $12.65 $28, MIXTURE FOR JOINTS, CRACKS & FLANGEWAYS TON 5 $ $3, $ $3, The above prices are "as read" and are subject to approval by the City of Moline Engineering Department. 8

16 25 MANHOLE TO BE ADJUSTED EA 2 $1, $3, $ $1, SEGMENTAL BLOCK RETAINING WALL SF 60 $84.50 $5, $38.00 $2, HYDRANT TO BE REMOVED EA 2 $1, $2, $ $ ABANDON AND FILL WATER MAIN CY 35 $ $5, $ $15, REMOVE VALVE VAULT EA 3 $ $1, $ $2, ABANDON AND FILL VALVE VAULT EA 1 $1, $1, $ $ WATER MAIN, DIP, P CL 350, 6" LF 15 $90.00 $1, $ $1, WATER MAIN, DIP, P CL 350, 8" LF 1,050 $53.00 $55, $73.00 $76, TEE, 8X6" EA 3 $ $1, $ $1, TEE, 8X8" EA "X6" TAPPING TEE WITH 6" VALVE AND VALVE BOX EA 1 36 VALVE AND VALVE BOX, 6" EA 1 $ $1, $3, $7, $3, $3, $5, $5, $1, $1, $1, $1, VALVE AND VALVE BOX, 8" EA 4 $1, $7, $1, $6, FIRE HYDRANT ASSEMBLY EA 2 $4, $8, $4, $9, TEMPORARY HYDRANT FOR TESTING EA 1 $2, $2, $1, $1, "X6" REDUCER EA 1 $ $ $ $ DI PLUG, 6" EA 2 $ $ $ $ SOLID SLEEVE, 6" EA 1 $ $ $2, $2, SOLID SLEEVE, 8" EA 2 $1, $2, $2, $5, WATER MAIN ENCASEMENT LF WATER SERVICE CONNECTION COMPLETE, 1" EA 15 $68.00 $6, $64.50 $6, $ $4, $ $7, COPPER WATER SERVICE PIPE, 1" LF 309 $35.00 $10, $ $31, CURB STOP & BOX, 1" EA 15 $ $4, $ $9, STANDARD TEST CONNECTION, 1" EA 2 $ $ $ $ TRENCH BACKFILL (WATER) CY 1,000 $47.00 $47, $47.00 $47, SANITARY LAMPHOLE REMOVAL EA 2 51 SAN. MANHOLE TYPE A 4' DIA. W/ TYPE 1 FRAME CLOSED LID EA 2 $ $1, $ $ $4, $9, $4, $8, The above prices are "as read" and are subject to approval by the City of Moline Engineering Department. 8

17 52 STORM SEWER REMOVAL, 12" LF 355 $14.00 $4, $17.00 $6, DITCH CLEANING, GRADING, AND SHAPING LF 130 $17.50 $2, $8.00 $1, STORM SEWER, 12" RCP LF 50 $64.00 $3, $46.00 $2, STORM SEWER, 18" RCP LF 209 $65.00 $13, $62.00 $12, STORM SEWER, 24" RCP LF 104 $80.00 $8, $67.00 $6, CATCH BASIN DOUBLE EA 4 58 STM. MANHOLE TYPE A 4' DIA. W/ TYPE 1 FRAME CLOSED LID EA 1 $7, $28, $8, $32, $3, $3, $3, $3, PCC FLARED END SECTION, 18" EA 2 $1, $2, $ $1, PCC FLARED END SECTION, 24" EA 1 $1, $1, $1, $1, STONE DUMPED RIPRAP, RR-4 TON 36 $80.00 $2, $62.00 $2, TRENCH BACKFILL (STORM) CY 190 $47.00 $8, $40.00 $7, TOTAL $608, $659, The above prices are "as read" and are subject to approval by the City of Moline Engineering Department. 8

18 Council Bill/Resolution No Sponsor: A RESOLUTION AUTHORIZING the Mayor and City Clerk to execute an Intergovernmental Agreement between the Sheriff of Rock Island County, Illinois, the County of Rock Island, Illinois, and the City of Moline, Illinois, and any necessary agreements referenced therein, for the City s lease of real property from the Sheriff and County, accepting a grant of permanent utility and drainage easement, and ownership of the elevated water storage tank and ground storage tank located on the Oak Glen real property; and AUTHORIZING all appropriate City officers and staff to do all things necessary to complete each of the City s responsibilities pursuant to said Agreement. WHEREAS, the intergovernmental cooperation between units of local government to contract, further combine, or transfer a lawful power or function in any manner not prohibited by law or ordinance is authorized by Article VII, Section 10 of the Illinois Constitution of 1970; and WHEREAS, the Illinois General Assembly, in order to implement Article VI, Section 10 of the Illinois Constitution of 1970, adopted the Intergovernmental Cooperation Act (501 ILCS 605/1 et seq.); and WHEREAS, the Sheriff of Rock Island County (hereinafter Sheriff ) is a duly elected official in the County of Rock Island pursuant to 55 ILCS 5/3-6 et. seq.; and WHEREAS, the County of Rock Island (hereinafter County ) is a body politic and corporate pursuant to 55 ILCS 5/ et. seq.; and WHEREAS, the City of Moline (hereinafter City ) is a home rule unit pursuant to Article VII, Section 6 of the Illinois Constitution of 1970; and WHEREAS, County operated a nursing home known as Oak Glen within its jurisdiction and, as part of that operation, an elevated water tank and ground storage tank (collectively referred to as water tanks ) were located on the Oak Glen real property; and WHEREAS, the County no longer operates a nursing home on the Oak Glen real property and does not utilize the water tanks on the property; and WHEREAS, the County, by resolution, transferred control of the Oak Glen real property to the Sheriff of Rock Island County, Illinois; and WHEREAS, the City operates a water utility that has become more efficient and has excess water to store; and

19 Council Bill/Resolution No Page 2 of 2 WHEREAS, the City has determined that it would be economically feasible to utilize the abandoned water tanks for storage of its water; and WHEREAS, the City owns real estate in proximity to these water tanks, and the use of these water tanks will assist with the development of the City-owned real estate by extending water service; and WHEREAS, Sheriff and City wish to participate in this Intergovernmental Agreement for public purposes, which purposes shall include, without limitation, cooperation in the efficient operation and maintenance of certain municipal water services; and WHEREAS, all aspects of this Intergovernmental Agreement are designed and intended to enhance the public health, safety, and welfare, and to provide efficiencies to the parties and their residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: Section 1 That the Mayor and City Clerk are hereby authorized to execute, on behalf of the City of Moline, the Intergovernmental Agreement between the Sheriff of Rock Island County, Illinois, County of Rock Island, Illinois, and the City of Moline, Illinois, and any necessary agreements referenced therein; provided, however, that said Agreement is in substantially similar form and content to that attached hereto and incorporated herein by this reference thereto as Exhibit A and has been approved as to form by the City Attorney. Section 2 That all City officers and staff are hereby authorized to do all things necessary to complete each of the City s responsibilities pursuant to said Intergovernmental Agreement. CITY OF MOLINE, ILLINOIS Mayor Date March 13, 2018 Passed: March 13, 2018 Approved: March 27, 2018 Attest: City Clerk Approved as to Form: City Attorney

20 EXHIBIT A INTERGOVERNMENTAL AGREEMENT BETWEEN THE SHERIFF OF ROCK ISLAND COUNTY, ILLINOIS, COUNTY OF ROCK ISLAND, ILLINOIS AND THE CITY OF MOLINE, ILLINOIS WHEREAS, the Sheriff of Rock Island County (hereinafter Sheriff ) is a duly elected official in the County of Rock Island pursuant to 55 ILCS 5/3-6 et. seq.; and WHEREAS, the County of Rock Island is a body politic and corporate pursuant to 55 ILCS 5/ et. seq.; and WHEREAS, the City of Moline (hereinafter City ) is a home rule unit pursuant to Article VII, Section 6 of the Illinois Constitution of 1970; and WHEREAS, Rock Island County operated a nursing home known as Oak Glen within its jurisdiction; and WHEREAS, as part of that operation, an elevated water tank and ground storage tank (collectively referred to hereinafter as water tanks ) were located upon the Oak Glen property; and WHEREAS, the County no longer operates a nursing home on the Oak Glen Property and does not utilize the water tower on the property; and WHEREAS, the County owns and utilizes the property surrounding the real property described in Exhibit A which is controlled and utilized by the Sheriff, pursuant to County resolution, as a firing and explosives range, storage, and a highway department storage yard. The remainder of the parcel surrounding the real property described in Exhibit A is leased by the County and utilized by private parties as tillable farmland. WHEREAS, the County still owns the real property, legally described on the attached (Exhibit A )(the Real Property ) and depicted on the attached Permanent Utility and Drainage Easement (Exhibit B ) where the water tanks are still located but are no longer used; and WHEREAS, the City is located within Rock Island County and operates a water utility; and WHEREAS, the City s water utility has become more efficient and has excess water to store; and WHEREAS, the City has determined that it would be economically feasible to utilize the abandoned water tanks for storage of its water; and 1

21 WHEREAS, the City owns real estate in proximity to these water tanks and use of these water tanks will assist with the development of the City-owned real estate by extending water service there; and WHEREAS, the Sheriff and the City have determined that it would be the most economical, cost effective, and in the best interest of both, for the City to own and operate the water tanks on the Oak Glen property; and WHEREAS, intergovernmental cooperation between units of local government to contract, further combine, or transfer a lawful power or function in any manner not prohibited by law or ordinance is authorized by Article VII, Section 10 of the Illinois Constitution of 1970; and WHEREAS, the Illinois General Assembly, in order to implement Article VI, Section 10 of the Illinois Constitution of 1970, adopted the Intergovernmental Cooperation Act (501 ILCS 605/1 et seq.); and WHEREAS, Sheriff and City wish to participate in this Intergovernmental Agreement for public purposes, which purposes shall include, without limitation, the cooperation in the efficient operation and maintenance of certain municipal water services; and WHEREAS, all aspects of this Agreement are designed and intended to enhance the public health, safety, and welfare, and to provide efficiencies to the parties and their residents. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Moline, by and through its Mayor; and Sheriff, hereby agree as follows: 1. Lease of Real Property. Sheriff hereby demises and leases to City, and City hereby leases from Sheriff, the Real Property only, specifically excluding any improvements and appurtenances, subject to the following: (a) All applicable zoning ordinances and building, use or other restrictions imposed by any governmental authorities having jurisdiction over the Property; (b) All existing and future licenses, easements and rights, restrictions, covenants or conditions, if any, acquired by the State of Illinois, any municipality, development authority, or utility company to maintain and operate pipes, lines, wires, cables, poles, distribution boxes, rail spurs and the like, in, over and upon the Real Property and any streets, roads of avenues in front of or adjoining the Real Property to the centerline thereof; (c) Rights of the public or the County Highway Department in and to any portion of the Real Property which lies within adjacent right-of-way; 2

22 (d) All terms and conditions set forth in this Agreement; and (e) Any mortgage, lien, assignment of rents, encumbrance, covenant, condition or restriction caused or permitted to attach to the Real Property by, through or at the request of City. 2. Term. The term of the Lease of Real Property is effective upon execution and shall continue for a period of ninety-nine (99) years (the Lease Term ). 3. Permanent Utility and Drainage Easement. In addition, the Sheriff shall grant and the City shall receive and record a permanent utility easement on the Real Property as shown on the attached Exhibit B. 4. Bill of Sale. Sheriff shall sell to City, and City shall purchase from County, for the purchase price of Ten Dollars ($10.00), and on the terms and conditions set forth in this Agreement, all structures, improvements, fixtures, and appurtenances, including, but not limited to, the elevated water tank and ground storage tank, owned by Sheriff located on the Real Property and shall be treated as personal property (the Personal Property ). Sheriff shall convey said Personal Property to the City by executing a Bill of Sale with warranty of title, and with warranty that it is free and clear of liens and encumbrances, in the form attached hereto as Exhibit C. 5. Use and Conditions City s Covenants. City, pursuant to the terms and conditions of this Agreement shall maintain the leased Real Property and as owner of the water tanks, operate such on the Real Property. As consideration for this Agreement, City provides County with certain covenants and conditions stated here as follows: a. City shall do all things necessary to assure that the Real Property is properly maintained. b. City shall notify County of all future construction on the Real Property. All future construction shall be subject to Sheriff s approval. Sheriff reserves the right to deny permission to build to the extent that such construction would impede Sheriff s use of adjoining property or cause a significant reduction in the value or usefulness of the Real Property. However, if the construction is related to municipal or utility purposes or is for work required to meet state requirements to use the site for a water utility, then such approval by the Sheriff may not be unreasonably withheld. c. Unless City exercises its option to purchase the Real Property, as contained herein, upon the termination of the lease all improvements to the Real Property become the property of Sheriff, except for all structures, improvements, fixtures, and appurtenances, including, but not limited to, the water tanks conveyed to City by the Bill of Sale described herein 3

23 d. If County contemplates future development around the Real Property, City agrees not to oppose such development unless such development is incompatible or poses a safety risk with the City s use of the Real Property. e. City agrees to keep the Personal Property in good repair as required by all laws and shall also comply with all rules and regulations, including those enforced by any federal agencies with regard to the lighting, marking and painting of the water tanks. f. City shall disconnect the water tanks from all existing abandoned Oak Glen water system piping Sheriff and County s Covenants. As consideration for this Agreement, County provides City with certain covenants and conditions stated here as follows: a. The Sheriff and County covenant that the City, upon keeping conditions of this Agreement, shall peaceably and quietly have, hold and enjoy the Real Property. b. County represent and warrants to City as of the execution date of this Agreement and covenants, during the Term, that County is seized of good and sufficient title and interest to the Real Property and has full authority to enter into and execute this Agreement. County further covenants upon execution of this Agreement that there are no liens, judgments, or impediments of title on the Real Property, or affecting County s title to the same and that there are no covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the Real Property by City. c. The Sheriff and County will take no action that will cause corrosion or deterioration of the water tanks, or appurtenances, on the Real Property or otherwise jeopardize the public health. City, as owners, shall have sole access to the water tanks Additional Uses and Conditions. The parties further agree: a. At all times, City shall have exclusive right for continual ingress and egress across the Real Property and the Easement, including foot and vehicles, and for the installation and maintenance of water utility service including all appurtenances, including, but not limited to pipes, poles, cables, wires, conduits, over, under or along the Real Property. b. City shall be allowed to have electrical service and telephone service access to the Personal Property it owns. County must be advised of any such services on the Real Property. If permitted by the local utility company servicing the Personal Property, City shall furnish and install an electrical meter at the 4

24 Personal Property for the measurement of electrical power used by City. In the alternative, if permitted by the local utility company, City shall furnish and install an electrical sub-meter at the Personal Property for the measurement of electrical power used by City. In the event such sub-meter is installed, the City shall pay the utility directly for its power consumption, if billed by the utility. If not billed directly by the utility, then the City shall pay the County thirty (30) days after receipt of an invoice from County indicating the usage amount based upon the reading of the sub-meter. All invoices for power consumption shall be sent by County to City at the address provided in Paragraph 25. c. City shall, if necessary, store equipment or materials associated with the operation and maintenance of its water or sewerage systems, and its water tanks on the Real Property. Such equipment and materials shall be considered a part of City s Personal Property and remain in the ownership of City at all times and upon termination of this Agreement. If storage of any Hazardous Materials, as defined below, is necessary, it shall be in accordance with the term of Section 23 below. d. City shall establish new water and electric service and sanitary sewer service to County s restroom building, depicted in Exhibit B. However, City shall not be responsible for the upkeep, maintenance or repair of the building or facilities. City shall only be responsible for the maintenance and repair of its utilities. When City is prepared to establish such services, the parties will enter into a written memorandum of understanding as to the rights and responsibilities of each party regarding the restroom building, including the maintenance provisions herein. 6. Rent As consideration for the lease of Real Property, City shall provide water and electrical services to the County s restroom building free of charge and pay to Sheriff 50% of any profits received by city from leasing the air space above and the surface on top of the personal property it owns on the leased property Should there be any real estate tax assessment on the Real Property, City agrees to pay County such amount. Further, County will not object to any proceeding brought by the City to protest the assessment of such taxes. The parties understand that this only applies to the County and that the County cannot bind other taxing districts who may wish to participate in that process and is still obligated to proceed with tax collection activities on behalf of all taxing districts All amounts payable under Section 6.1 above, as well as all other amounts payable by City to County under the terms of this Agreement, shall be paid to County at the address set forth in Section 25, or at such other place as County shall from time to 5

25 time designate by notice to City, in immediately available funds. Such funds shall be deposited into general fund line items as designated by the Sheriff. 7. Operating Expenses. City shall pay the total cost of all expenses incurred in operating and maintaining the Real Property actually used or available for use by City and the employees, agents, servants, customers and other invitees of City, specifically including, without limitation, all sums expended for landscaping, repairing, repaving, painting, sanitary control, cleaning, removal of trash, rubbish, garbage and other refuse, cost of all utilities and services consumed or performed on the Real Property, required fees or charges levied pursuant to any governmental authority. 8. Taxes and Other Charges Nothing in this Agreement shall require County to pay any franchise, estate, inheritance, succession, capital levy or transfer tax of the City, or any income, excess profits or revenue tax or any other tax, assessment, charge or levy upon the rent payable by City under this Agreement or the value of the Real Property or mineral rights thereunder Any contest as to the validity or amount of any tax, or assessed valuation upon which such tax was computed or based, whether before or after payment, may be made by City in the name of County or of City, or both, as City shall determine, and County agrees that it will, at City s expense, cooperate with City in any such contest to such extent as City may reasonably request. City shall be entitled to any refund of any such tax and penalties or interest thereon which have been paid by City or County and reimbursed to County or City. 9. Insurance. City at its sole cost and expense, throughout the Term, shall obtain, keep, and maintain insurance on the Real Property. 10. County s Right to Perform City s Covenants If City shall at any time fail to pay any tax in accordance with provisions of Section 8 hereof, or shall fail to make any other payment or perform any other act on its part to be made or performed under the terms of this Agreement, then County, after ten (10) days notice to City (or without notice in case of any emergency) and without waiving or releasing City from any obligation of City contained in this Agreement or from any default by City and without waiving the Sheriff or County s right to take such action as may be permissible under this Agreement as a result of such default, may (but shall be under no obligation to) pay any tax or make any other payment or perform any other act on City s part to be made or performed as in this Agreement provided, and may enter upon the Real Property for any such purpose, and take all such action thereon, as may be necessary therefore. However, Sheriff or County may not at any time access the Personal Property owned by City or perform any act on the City s behalf which involve the City s Personal Property. 6

26 10.2. All sums so paid by County and all costs and expenses incurred by County, including reasonable attorneys fees, in connection with the performance of any such act, together with, if City does not pay the same within the twenty (20) day period after notice from County, shall constitute additional rent payable by City under this Agreement and shall be paid by City to County on demand Any entry upon the Real Property for the purpose of exercising Sheriff or County s rights hereunder, other than in the event of an emergency, shall be after twentyfour (24) hours notice of Sheriff or County s intent to do so. 11. Compliance with Laws, Ordinances, Etc. City shall, at City s sole expense, comply with all present and future laws, rules, orders, ordinances, directions, regulations and requirements of federal, state, county and municipal authorities pertaining to City s use of the Real Property and with the recorded covenants, conditions and restrictions, regardless of when they become effective, including without limitation, all applicable federal, state and local laws, regulations or ordinances pertaining to air and water quality, hazardous substances, waste disposal, air emissions and other environmental matters, all zoning and other land use matters, and utility availability, and with any direction of any public officer or officers, pursuant to law, which shall impose any duty upon County or City with respect to the use or occupation of the Real Property. 12. Repairs and Maintenance City agrees at its own cost and expense to keep and maintain the Real Property in good repair, order and condition. City may make repairs and replacements thereto. The City is responsible for making such repairs as it sees fit to the Personal Property it owns, which is located on the Real Property. City shall keep and maintain any improvements made to the Real Property Throughout the Term, County shall have no obligations to repair or maintain the Real Property. 13. Improvements. As owners of the water tanks, City shall be allowed to deconstruct or reconstruct, maintain, and improve its Personal Property, and any appurtenances thereto, located on the Real Property at City s sole cost and expense. City may also install fencing, gates, and locks on the Real Property as necessary to protect the utility. City shall notify County of major improvements or demolition, such as installation/construction of a fence, a new elevated water tank, or a new ground storage tank or demolition or removal of existing tanks or buildings. City may store equipment and materials related to the municipal or utility services at this site, and will provide Sheriff with a list of such equipment and materials. If City installs a fence, County may access any fenced, gated, and locked area of the Real Property if necessary, upon request to City. The County shall provide the City with a list of its employees that will be permitted to enter the Real Property and be on the Real Property. In the interest of public health, safety, and welfare, City has the right to restrict access to its water tanks and the Real Property in its sole discretion. 7

27 14. Covenant Against Liens. City shall not permit, and shall do all things necessary to prevent, the filing of any mechanic s or other liens against the Real Property. If such lien shall be filed at any time, City shall cause the same to be vacated and cancelled of record within thirty (30) days after the date of filing thereof; or, if City in good faith determines that such lien should be contested, City may be required by County to furnish such security, as determined by County or prescribed by law to release the same as a lien against the Real Property and to prevent any foreclosure of such lien in the manner and within the time period aforesaid. In addition to any other right or remedy of County resulting from City s default, County may, but shall not be obligated, to vacate or release the same by either paying the amount claimed to be due or procuring the release of such lien by giving security in such other manner as may be prescribed by law. City shall repay to County immediately on demand all sums disbursed or deposited by County pursuant to the foregoing provision, including County s costs and expenses and reasonable attorney s fees incurred in connection therewith. 15. No Waste. City shall not do, suffer, or permit any waste to the Real Property, but this shall not be deemed to prevent demolition, construction, improvements, additions or alterations pursuant to other provisions of this Agreement. 16. Indemnity City shall indemnify, defend and hold harmless County against and from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including reasonable attorney s fees, which may be imposed upon or incurred by or asserted against County arising out of or related in any way to City s use or occupancy of the Real Property during the term of this Agreement County shall indemnify, defend and hold harmless City against and from all liabilities, obligations, damages, penalties, claims, costs, charges, and expenses, including reasonable attorney s fees, which may be imposed upon or incurred by or asserted against City arising or related in any way to (a) any default by County under the terms and conditions of this Agreement, and/or (b) any acts or omissions of County or any contractor, agent, employee, invitee or licensee of County in or about the Real Property or to the City owned Personal Property. 17. Condemnation If all the Real Property shall be taken or condemned, by right of eminent domain or by purchase in lieu thereof, or if such portion of the Real Property shall be so taken or condemned that the portion of the remaining is not sufficient and suitable, in City s sole judgment, to permit the restoration of any improvements following such taking or condemnation, then this Agreement and the Term hereby granted, at City s option, shall cease and terminate as of the date on which the condemning authority takes possession (any taking or condemnation of the land described in this Section 17 being hereinafter called a Total Taking ). 8

28 17.2. If this Agreement expires as a result of a Total Taking, each of the parties shall have the right to seek, at its own expense, compensation from the condemning authority as its interests appear in the Real Property If, during the Term, there shall be a taking or condemnation of the Real Property which is not a Total Taking, this Agreement and the Term shall not cease or terminate but shall remain in full force and effect with respect to the portion of the Property not taken or condemned, and in such event County shall be entitled to receive directly from the condemning authority the entire award, and County shall pay to City an amount proportional to the amount of the Real Property affected by the condemnation. 18. Assignment and Subletting Reserved The City may lease space on top of Personal Property it owns. If City chooses to lease such area, then City shall administer such and obtain all of the rental income from such, and remit such amounts as required under Section 6.1 above. It shall be City s duty to comply with all laws and regulations, including, but not limited to, Federal Aviation Administration regulations, when administering leases. If any of the Real Property is needed for such leases, then City will notify County and the parties agree to work together in good faith in subleasing the Real Property County hereby assigns to City, without recourse, such rights, if any, as County may have against any party other than County causing damage to the Real Property to sue for and recover amounts expended by City as a result of such damage. 19. Right to Encumber. City may only give a mortgage or grant a security interest in the Personal Property and its improvements. Upon reasonable request by City, County shall execute and deliver such estoppel letters or subordination documents necessary to carry out the intent of this provision if approved to form by County s attorney. County unconditionally waives its right to lien, mortgage, grant a security interest in, or otherwise encumber the Real Property. 20. Default Remedies The rights and remedies of either of the parties shall be cumulative and shall include any right or remedy which otherwise may be allowed at law or in equity. Either of the parties may use any combination of remedies in any order. The exercise of one remedy shall not preclude said party s right to exercise any other remedy. The waiver of a default or failure to exercise a remedy will not constitute a waiver of any future conduct constituting a default. The parties hereby waive the right of a jury trial as well as any right to counterclaim against the other or of setoff of rent or any payment provided or required under the terms of this Agreement. The exercise or beginning of the 9

29 exercise by either of the parties of any one or more of the rights or remedies provided for in this Agreement shall not preclude the simultaneous or later exercise by either of the parties of any or all other rights or remedies provided for in this Agreement City shall have a period of thirty (30) days from the date of written notice from County in which to cure any default in the payment of amounts due hereunder. Either if the parties shall have a period of thirty (30) days from the date of written notice from one party to the other within which to cure any other default hereunder; provided, however, that with respect to any default which cannot be cured within thirty (30) days, the default shall be deemed to be cured if said party commences to cure within thirty (30) days and for so long as such party is diligently prosecuting the cure thereof. No failure by either of the parties to insist upon the strict performance of any agreement, term, covenant or condition hereof or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent during the continuance of any such breach, shall constitute a waiver of any such breach or of such agreement, term, covenant or condition. No agreement, term, covenant or condition hereof performed or complied with by either parties, and no breach thereof, shall be waived, altered or modified except by a written instrument executed by either party. No waiver of any breach shall affect or alter this Agreement, but each and every agreement, term, covenant and condition hereby shall continue in full force and effect with respect to any other than existing or subsequent breach thereof. 21. Quiet Enjoyment. City, upon observing and keeping all covenants, agreements and conditions of this Agreement on its part to be kept, shall quietly have and enjoy the Real Property during the Term without hindrance or molestation by anyone claiming by, through or under County as such, subject, however, to the exceptions, reservations and conditions of this Agreement. 22. Invalidity of Particular Provisions. If any term or provisions of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 23. Environmental Covenants and Compliance City shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept, dumped, used or disposed in or about the Real Property by City, its agents, employees, contractors or invitees without the prior written consent of County, which consent County shall not unreasonably withhold as long as City demonstrates to County s reasonable satisfaction that such Hazardous Materials are necessary or useful to City s use of its Personal Property and will be used, kept and stored in a manner that complies with all laws and regulations regulating any such Hazardous Materials that are brought upon or used or kept in or about the Real Property. 10

30 If the presence of any Hazardous Materials brought to or stored on the Real Property by City results in any contamination of the Real Property, City shall promptly take all actions at its sole cost and expense as are necessary to return the Real Property to the condition existing prior to the introduction of any such Hazardous Materials to the Real Property, provided that County s prior written approval of such actions shall first be obtained However, the City shall not be responsible for any environmental issues with the Real Property that are attributable to the time of the County s sole ownership and possession of the Real Property. The City s responsibility under 24.1 shall only extend to any contamination during the term of this Agreement and for the City s own actions As used herein, the term Hazardous Materials means any hazardous or toxic substance, material or waste, including, but not limited to, those substances, materials and wastes listed currently or in the future, in the United States Department of Transportation Hazardous Materials Table (49 C.F.R ) or any successor listing of any similar nature or by the Environmental Protection Agency or Occupational Safety and Health Administration or its successors, as hazardous substances, materials and wastes that are or become regulated under any applicable local, state or federal law or as defined as hazardous substances, hazardous waste or extremely hazardous waste pursuant to state, federal or local law. Hazardous Materials includes, but is not restricted to asbestos, polychlorinated biphenyls ( PCBs ), any oil or petroleum products, and their by-products. 24. City s Purchase of Real Property and Right of First Refusal City shall have the option to purchase the Real Property from County for a purchase price to be agreed upon by the parties at the time of purchase. Such option shall be exercisable anytime upon the agreement of both parties County agrees not to sell, assign, or otherwise transfer the Real Property without first giving the City a right of first refusal. Should the County obtain an offer to sell the Real Property, then County shall provide City with a right of first refusal to acquire the Real Property on the following terms and conditions: County shall provide City written notice of its receipt of a bona fide offer to purchase the Real Property, meaning a good faith written offer to purchase generated through arms-length negotiations, within thirty (30) business days of receipt of such notice. City shall provide County with written notice of its intent to unconditionally match the terms contained in the bona fide offer within thirty (30) business days after receipt of such notice. 25. Notices. Any notice required or permitted hereunder shall be deemed given if delivered personally to an officer of the party to be notified or sent by (i) national overnight carrier service, or (ii) United States registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: 11

31 If to County one copy each to: County Board Chairman and State s Attorney 1504 Third Avenue Rock Island, Illinois If to City one copy each to: City Administrator and City Attorney City of Moline th Street Moline, Illinois or such other addresses as may be designated by either party by written notice to the other. Except as otherwise provided in this Agreement, every notice, demand, request or other communication hereunder shall be deemed to have been given or served upon actual receipt thereof, or by delivery pr such notice via United States mail. 26. Employees. Employees of the City and employees of the County, while on the Real Property and in the performance of their duties on the Real Property, shall continue to be employees of the City and County respectively, and each will be responsible for all pay and other forms of compensation provided its employees and shall be responsible under the worker s compensation act of the state of Illinois or similar laws for any compensable injury to such employees under said act, and hereby agrees to hold each other harmless from any claim of liability made by its employee against the other under said law. 27. Entire Agreement. This document contains the entire agreement between the parties and, except as otherwise provided herein, can only be changed, modified, amended or terminated by an instrument in writing executed by the parties. It is mutually acknowledged and agreed by the parties that there are no verbal agreements, representatives, warranties or other understandings affecting the same. 28. Applicable Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Illinois. The sole and exclusive venue for any disputes arising out of this Agreement shall be in any state court located within Rock Island County, Illinois or federal court located within the appropriate venue. 29. Covenants to Bind and Benefit Respective Parties. The covenants and agreements herein contained shall bind and inure to the benefit of County, Sheriff, and their successors and assigns, and City, and its successors and assigns. 30. Authority. Sheriff, County and City each represent that its undersigned officer is duly authorized to execute this Agreement on its behalf. 12

32 THIS AGREEMENT is made by and between THE CITY OF MOLINE and THE COUNTY OF ROCK ISLAND, AND THE SHERIFF OF ROCK ISLAND COUNTY as of this day of COUNTY: THE COUNTY OF ROCK ISLAND CITY: THE CITY OF MOLINE By: Ken Maranda, Chairman By: Stephanie Acri, Mayor THE SHERIFF OF ROCK ISLAND COUNTY By: Gerald Bustos, Sheriff Attest: Karen Kinney, County Clerk Approved as to form: Kathy L. Swett, Assistant State s Attorney Attest: Amy Saunders, Deputy City Clerk Approved as to form: Maureen E. Riggs, City Attorney STATE OF ILLINOIS ) ) SS: COUNTY OF ROCK ISLAND ) On this day of, 2018, before me, the undersigned, a Notary Public in and for the State of Illinois, personally appeared GERALD BUSTOS, KEN MARANDA and KAREN KINNEY, to me personally known, who, being by me duly sworn, did say that they are the Sheriff, County Board Chairman and County Clerk, respectively, of Rock Island County, executing the within and foregoing instrument to which this is attached; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said corporation) as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. NOTARY PUBLIC 13

33 STATE OF ILLINOIS ) ) SS: COUNTY OF ROCK ISLAND ) On this day of, 2018, before me, the undersigned, a Notary Public in and for the State of Illinois, personally appeared STEPHANIE ACRI and AMY SAUNDERS, to me personally known, who, being by me duly sworn, did say that they are the Mayor and Deputy City Clerk, respectively, of the City of Moline, executing the within and foregoing instrument to which this is attached; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said corporation) as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. NOTARY PUBLIC 14

34 EXHIBIT A Legal Description Part of the East Half of Section 3, Township 16 North, Range 1 West of the 4th Principal Meridian described as follows: Commencing at the Southeast Corner of the Northeast Quarter of said Section 3 as shown on a Monument Record recorded as document at the office of the Recorder for Rock Island County, Illinois; thence north 01 degree 56 minutes 47 seconds east, feet on the East line of said Northeast Quarter to the centerline of a road as depicted on Road Plat Book 42, Page 402 at the office of the Recorder for said Rock Island County; thence northwesterly feet on said centerline being the arc of a curve, concave northeast, having a radius of feet and a long chord bearing north 61 degrees 32 minutes 40 seconds west, feet; thence south 34 degrees 16 minutes 19 seconds west, feet to the Point of Beginning, being on southwest right of way line of said road depicted on Road Plat Book 42, Page 402; thence south 48 degrees 15 minutes 27 seconds west, feet; thence south 57 degrees 47 minutes 48 seconds west, feet; thence south 56 degrees 10 minutes 14 seconds west, feet; thence north 31 degrees 06 minutes 31 seconds west, feet; thence north 59 degrees 50 minutes 13 seconds east, feet; thence south 37 degrees 38 minutes 53 seconds east, feet; thence north 56 degrees 10 minutes 14 seconds east, feet; thence north 57 degrees 47 minutes 48 seconds east, feet; thence north 48 degrees 15 minutes 27 seconds east, feet to said southwest right of way line; thence south 43 degrees 25 minutes 39 seconds east, feet on said right of way line to the point of beginning, containing acres, more or less. For the purpose of this description, the East line of said Northeast Quarter has an assumed bearing of north 01 degree 56 minutes 47 seconds east.

35 EXHIBIT "B" PERMANENT UTILITY and DRAINAGE EASEMENT FOR CITY OF MOLINE, ILLINOIS THIS INDENTURE WITNESSETH, that the Grantors, County of Rock Island, Illinois and Sheriff of Rock Island County, Illinois, in consideration of ONE and No/100 DOLLARS ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, and of the covenants and agreements herein expressed, the undersigned hereby grant unto the City of Moline, Illinois, a municipal corporation, a permanent Easement in, over, across and under the land as shown and described on the attached Exhibit A. Said permanent Easement is for utility installation and maintenance, site grading and related work on said tract of land. The Grantors herein assign, covenant, and agree that no building, permanent or temporary, shall ever be constructed on the land herein above described; provided however, the surface of said land may be used for fences or lawn improvements, which do not deny access to the City for maintenance or inspection purposes, or interfere with the operation of the above-mentioned facilities. The City of Moline, Illinois, by accepting this Easement agrees to repair, at its sole expense, any damages or disturbances which may be caused to the land of the Grantors in relation to the installation, operation, and maintenance of said Easement. This grant includes the right of ingress and egress to and from said above described tract of land for the uses and purposes herein set out. To these covenants and agreements the undersigned hereby bind themselves, and their assigns forever. IN WITNESS WHEREOF, the Grantors have hereunto set their Hand and Seal this day of, THE COUNTY OF ROCK ISLAND By: Ken Maranda, Chairman

36 THE SHERIFF OF ROCK ISLAND COUNTY By: Gerald Bustos, Sheriff Attest: Karen Kinney, County Clerk Approved as to form: Kathy L. Swett, Assistant State s Attorney ACCEPTED BY THE CITY OF MOLINE By: Stephanie Acri, Mayor Attest: Amy Saunders, Deputy City Clerk Approved as to form: Maureen E. Riggs, City Attorney STATE OF ILLINOIS ) ) SS: COUNTY OF ROCK ISLAND ) On this day of, 2018, before me, the undersigned, a Notary Public in and for the State of Illinois, personally appeared GERALD BUSTOS, KEN MARANDA and KAREN KINNEY, to me personally known, who, being by me duly sworn, did say that they are the Sheriff, County Board Chairman and County Clerk, respectively, of Rock Island County, executing the within and foregoing instrument to which this is attached; that said instrument was signed (and sealed) on behalf of (the seal

37 affixed thereto is the seal of said corporation) as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. NOTARY PUBLIC Prepared by and return to: Amy L. Keys, Deputy City Attorney, City of Moline th Street Moline, IL 61265

38 EXHIBIT "B" PERMANENT UTILITY AND DRAINAGE EASEMENT Part of the East Half of Section 3, Township 16 North, Range 1 West of the 4th Principal Meridian described as follows: Commencing at the Southeast Corner of the Northeast Quarter of said Section 3 as shown on a Monument Record recorded as document at the office of the Recorder for Rock Island County, Illinois; thence north 01 degree 56 minutes 47 seconds east, feet on the East line of said Northeast Quarter to the centerline of a road as depicted on Road Plat Book 42, Page 402 at the office of the Recorder for said Rock Island County; thence northwesterly feet on said centerline being the arc of a curve, concave northeast, having a radius of feet and a long chord bearing north 61 degrees 32 minutes 40 seconds west, feet; thence south 34 degrees 16 minutes 19 seconds west, feet to the Point of Beginning, being on southwest right of way line of said road depicted on Road Plat Book 42, Page 402; thence south 48 degrees 15 minutes 27 seconds west, feet; thence south 57 degrees 47 minutes 48 seconds west, feet; thence south 56 degrees 10 minutes 14 seconds west, feet; thence north 31 degrees 06 minutes 31 seconds west, feet; thence north 59 degrees 50 minutes 8 13 seconds east, feet; thence south 37 degrees 38 minutes 53 seconds ;_ east, feet; thence north 56 degrees 10 minutes 14 seconds east, feet; thence north 57 degrees 47 minutes 48 seconds east, feet; ill "' thence north 48 degrees 15 minutes 27 seconds east, feet to said Ai southwest right of way line; thence south 43 degrees 25 minutes 39 seconds ~ east, feet on said right of way line to the point of beginning, containing acres, more or less. For the purpose of this description, the East line ;; of said Northeast Quarter has an assumed bearing of north 01 degree 56 - minutes 47 seconds east. f cb E o :I: ~ ~ " ~ C3 cb ~.<: i ~ " E o :I: ~ ~ " ~ C3 cb ~.<: ~ ~ ~ if).~ ~ '" : ~ 0. f MY LICENSE EXPIRES 11/30/2018 S3T 38' 53"E ' N59" 50' 13"E ' N56" N31" 06' 31 'W ' " DATE ~ I, SCOTT K. TAULBEE, ILLINOIS PROFESSIONAL LAND SURVEYOR NO , DO.~ HEREBY STATE THAT THIS PERMANENT UTILITY AND DRAINAGE EASEMENT PLAT WAS ~ 'g> PREPARED UNDER MY DIRECTION FROM FIELD AND RECORD INFORMATION. NO BOUNDARY ~ SURVEY WAS PERFORMED FOR THE PREPARATION OF THIS EASEMENT PLAT. :I: Pavilion <> N5T Restroom building 1 0' 14"E <) ' tower S56" 10' 14"W ' ~ o "s c""a"i l iiie... ~f e""e~t N48" 15' 27"E ' 48'W S43" LEGEND MEASURED DIMENSION RECORD DIMENSION SECTION/QUARTER CORNER AS SET 5/8" X 30" REBAR PROPOSED PERMANENT UTILITY & DRAINAGE EASEMENT S48" 15' 27"W ' Parcel # th Street Coal Valley, IL ' (100.00') NOTED 0 A S34" 16' 19"W 57.24' Point of Beginning 4- o z c.o ~ '0 o Q) UJ 4- o Q) c - ~ <Xlr--- 0.N o. on o <Xl ngj ~ N.E. Corner Sec.3, Twp.16N, R1W of 4th P.M. (Found Magnail) N1" 56' 47"E 82.14' Commencement S.E. Corner, NE1/4, Sec.3, Twp.16N, R1W of 4th PM. (Found capped rod #2279) Parcel #1315 SHEET 1 OF 1 CITY OF MOLINE TH AVE MOLINE, IL OLD OAK GLEN HOME-EASEMENT TH STREET COAL VALLEY, ILLINOIS

39 Exhibit C Bill of Sale Know all men by these presents that Seller, Sheriff of Rock Island County(hereinafter Sheriff ) is a duly elected official in the County of Rock Island pursuant to 55 ILCS 5/3-6 et. seq., in consideration of Ten Dollars ($10.00) and other valuable consideration in hand paid, receipt of which is hereby acknowledged, does hereby sell, assign, transfer, and set over to Buyer, CITY OF MOLINE, ILLINOIS, a municipal corporation, the following personal property, and all of the right, title and interest thereto, to wit: The buildings, improvements, appurtenances, fixtures, including, but not limited to, the water tower and storage tank, located on real estate legally described as: Part of the East Half of Section 3, Township 16 North, Range 1 West of the 4th Principal Meridian described as follows: Commencing at the Southeast Corner of the Northeast Quarter of said Section 3 as shown on a Monument Record recorded as document at the office of the Recorder for Rock Island County, Illinois; thence north 01 degree 56 minutes 47 seconds east, feet on the East line of said Northeast Quarter to the centerline of a road as depicted on Road Plat Book 42, Page 402 at the office of the Recorder for said Rock Island County; thence northwesterly feet on said centerline being the arc of a curve, concave northeast, having a radius of feet and a long chord bearing north 61 degrees 32 minutes 40 seconds west, feet; thence south 34 degrees 16 minutes 19 seconds west, feet to the Point of Beginning, being on southwest right of way line of said road depicted on Road Plat Book 42, Page 402; thence south 48 degrees 15 minutes 27 seconds west, feet; thence south 57 degrees 47 minutes 48 seconds west, feet; thence south 56 degrees 10 minutes 14 seconds west, feet; thence north 31 degrees 06 minutes 31 seconds west, feet; thence north 59 degrees 50 minutes 13 seconds east, feet; thence south 37 degrees 38 minutes 53 seconds east, feet; thence north 56 degrees 10 minutes 14 seconds east, feet; thence north 57 degrees 47 minutes 48 seconds east, feet; thence north 48 degrees 15 minutes 27 seconds east, feet to said southwest right of way line; thence south 43 degrees 25 minutes 39 seconds east, feet on said right of way line to the point of beginning, containing acres, more or less. For the purpose of this description, the East line of said Northeast Quarter has an assumed bearing of north 01 degree 56 minutes 47 seconds east. situated in the County of Rock Island, State of Illinois, to have and to hold the said property unto the said Buyer, to its own property use and benefit forever. Seller hereby represents and warrants to Buyer that: 1. Seller is the absolute owner of said property; 2. said property is free and clear of all liens, charges, and encumbrances;

40 3. that Seller has full right, power and authority to sell said personal property and to make this Bill of Sale; and 4. it will defend the said bargained property unto the Buyer from and against the claims and demands of all persons. It is expressly agreed by and between the parties hereto that all the covenants and agreements herein contained shall inure to and be binding upon the respective successors, legal representatives and assigns of both parties. IN WITNESS WHEREOF, the undersigned Seller hereunto sets his hand and sealed this Bill of Sale at the City of Rock Island, State of Illinois, this day of, Sheriff of Rock Island County, Illinois By: Gerald Bustos, Sheriff STATE OF ILLINOIS ) ) SS: COUNTY OF ROCK ISLAND ) On this day of, 2018, before me, the undersigned, a Notary Public in and for the State of Illinois, personally appeared Gerald Bustos, to me personally known, who, being by me duly sworn, did say that they are the County Board Chairman and County Clerk, respectively, of Rock Island County, executing the within and foregoing instrument to which this is attached; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said corporation) as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. NOTARY PUBLIC THIS INSTRUMENT PREPARED BY and Return to: Amy L. Keys Deputy City Attorney City of Moline th Street Moline, IL 61265

41 MEMORANDUM OF AGREEMENT Between THE SHERIFF OF ROCK ISLAND COUNY, ILLINOIS, COUNTY OF ROCK ISLAND, ILLINOIS AND THE CITY OF MOLINE, ILLINOIS This will certify that an Intergovernmental Agreement between the Sheriff of Rock Island County, the County of Rock Island, and the City of Moline, Illinois ( City ) was approved by the Moline City Council pursuant to Council Bill/Special Ordinance No., adopted and signed by the Sheriff of Rock Island County, in his capacity as a duly elected official and ratified by the Rock Island County Board pursuant to a full vote of the board on. The parties entered into the agreement to allow the City to own and operate the water tanks located on the Oak Glen property and lease the real property more particularly described as follows: Part of the East Half of Section 3, Township 16 North, Range 1 West of the 4th Principal Meridian described as follows: Commencing at the Southeast Corner of the Northeast Quarter of said Section 3 as shown on a Monument Record recorded as document at the office of the Recorder for Rock Island County, Illinois; thence north 01 degree 56 minutes 47 seconds east, feet on the East line of said Northeast Quarter to the centerline of a road as depicted on Road Plat Book 42, Page 402 at the office of the Recorder for said Rock Island County; thence northwesterly feet on said centerline being the arc of a curve, concave northeast, having a radius of feet and a long chord bearing north 61 degrees 32 minutes 40 seconds west, feet; thence south 34 degrees 16 minutes 19 seconds west, feet to the Point of Beginning, being on southwest right of way line of said road depicted on Road Plat Book 42, Page 402; thence south 48 degrees 15 minutes 27 seconds west, feet; thence south 57 degrees 47 minutes 48 seconds west, feet; thence south 56 degrees 10 minutes 14 seconds west, feet; thence north 31 degrees 06 minutes 31 seconds west, feet; thence north 59 degrees 50 minutes 13 seconds east, feet; thence south 37 degrees 38 minutes 53 seconds east, feet; thence north 56 degrees 10 minutes 14 seconds east, feet; thence north 57 degrees 47 minutes 48 seconds east, feet; thence north 48 degrees 15 minutes 27 seconds east, feet to said southwest right of way line; thence south 43 degrees 25 minutes 39 seconds east, feet on said right of way line to the point of beginning, containing acres, more or less. For the purpose of this description, the East line of said

42 Northeast Quarter has an assumed bearing of north 01 degree 56 minutes 47 seconds east. To review the Intergovernmental Agreement in full, please contact the City Clerk s office, City of Moline, th Street, Moline, IL at cityclerk@moline.il.us or CITY: CITY OF MOLINE, ILLINOIS, a municipal corporation COUNTY: THE COUNTY OF ROCK ISLAND By Stephanie Acri, Mayor By: Ken Maranda, Chairman SHERIFF OF ROCK ISLAND COUNTY By Gerald Bustos, Sheriff Attest: Amy Saunders, Deputy City Clerk Approved as to form: Maureen E. Riggs, City Attorney Attest: Karen Kinney, County Clerk Approved as to form: Kathy L. Swett, Assistant State s Attorney STATE OF ILLINOIS ) ) SS: COUNTY OF ROCK ISLAND ) On this day of, 2018, before me, the undersigned, a Notary Public in and for the State of Illinois, personally appeared STEPHANIE ACRI and AMY SAUNDERS, to me personally known, who, being by me duly sworn, did say that they are the Mayor and Deputy City Clerk, respectively, of the City of Moline, executing the within and foregoing instrument to which this is attached; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said corporation) as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. NOTARY PUBLIC

43 STATE OF ILLINOIS ) ) SS: COUNTY OF ROCK ISLAND ) On this day of, 2018, before me, the undersigned, a Notary Public in and for the State of Illinois, personally appeared GERALD BUSTOS, KEN MARANDA and KAREN KINNEY, to me personally known, who, being by me duly sworn, did say that they are the Sheriff, County Board Chairman and County Clerk, respectively, of Rock Island County, executing the within and foregoing instrument to which this is attached; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said corporation) as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. NOTARY PUBLIC Prepared by and return to: Amy L. Keys, Deputy City Attorney City of Moline th Street Moline, IL P: akeys@moline.il.us

44 Council Bill/Resolution No Sponsor: A RESOLUTION AUTHORIZING the Mayor and City Clerk to adopt the City of Moline Community Development Block Grant Program Policies and Procedures Manual Amendment to Section III (A). WHEREAS, in 2008, the Citizens Advisory Council on Urban Policy (CACUP) adopted a Community Development Block Grant Program Policies and Procedures Manual (Manual), and the City Council approved same pursuant to Council Bill/Resolution No The Manual was subsequently amended by Council Bill/Resolution No , Council Bill/Resolution No and Council Bill/Resolution No ; and WHEREAS, on February 26, 2018, CACUP approved one key amendment to the current Manual with a recommendation to City Council for approval; and WHEREAS, the Planning and Development Department has developed said Manual to provide the necessary program guidance to expend the City s CDBG entitlement funds; and WHEREAS, the Manual demonstrates the City s continued adherence to the established regulatory policies as outlined in Title I of the Housing and Community Development Act of 1974 as amended; and WHEREAS, the Manual is in agreement with the Mayoral endorsed certifications of the Consolidated Plan and the funding approval/agreement which constitutes the contract between the Department of Housing and Urban Development and the City of Moline. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows: That the Mayor and City Clerk are hereby authorized to adopt the City of Moline Community Development Block Grant Program Policies and Procedures Manual Amendments to Section III (A), Introduction; provided, however, that said Amendment is in substantially similar form and content to that attached hereto and incorporated herein by this reference thereto as Exhibit A and has been approved as to form by the City Attorney. CITY OF MOLINE, ILLINOIS Mayor March 13, 2018 Date

45 Council Bill/Resolution No Page 2 of 2 Passed: March 13, 2018 Approved: March 27, 2018 Attest: City Clerk Approved as to Form: City Attorney

46 CITY OF MOLINE Community Development Block Grant (CDBG) Program Policies and Procedures Manual Revised JURa 21, 2Q17 February 26, 2018 l~~ili~iioi~~\ 1jW) \ * 11I11I1 *; EQUAL HOUSING G--? ~ OPPORTUNITY Planning & Development Department <94NDE~E\.O Community Development Division th Street, Moline, Illinois FAX Planning and Development Department, Community Development Division Revised February 26, 2018 i

47 Planning & Development Department Community Development Division Community Housing Services (CHS) Program and Critical Assistance Program (CAP) - Emergency Assistance Overview & Application (Revised 02/26/18) th Street. Moline. Illinois (309) til: City EQUAL HOUSING OPPORTUNITY of Moline II Community Development Housing Opportunities & Programs 40 Years a = Building Better Neighborhoods Planning and Development Department, Community Development Division Revised February 26,

48 A. Introduction The Moline Community Housing Services (CHS) program is designed to aid and assist low or moderate income homeowner-occupants of substandard single-family dwellings with homeowner rehab assistance (standard eligible items defined later in manual). Aid and assistance will come from the Community Development Block Grant Funds. +R+s ~faflt is a ~ef~i able leafl witl=l a ma)(imblm e~ $4,999 ~ef FleFl fee~ assembly items afl l $1 Q,QQQ ~ef fee~ assembly itsms ~fem tl=ls Iats e~ ~iflal (aj3j3feve l) iflsj3setiefl. This grant is a forgivable loan with a maximum of $10,000 for each occurrence. In the event, the most responsive and responsible bid exceeds the allowable funding, the homeowner will be notified and may pay the difference within ten calendar days of the bid opening; request staff rebid the project (only once) or withdraw their application and be placed back on the waiting list. A Recapture Agreement, in the amount equal to the cost of rehabilitation, will be recorded at the Rock Island County Recorder's Office for a period of 5 years for each occurrence. At the end of the fifth year, the release documents will be prepared by City staff and will be available for pick up at our office. It will be the homeowner's responsibility to record and pay the post recording fee that will remove the recapture from the property. The Owner agrees to repay to the City the Repayment Amount if one or more of the following Recapture Events occurs before the end of the recapture period: the Owner sells, conveys or transfers title to the Home for consideration; the Owner refinances the Home in a manner such that it is not a Permitted Refinancing (as defined below). The following events are not Recapture Events: transfer to a spouse as a result of a divorce; a transfer by operation of law to a surviving spouse upon the death of a joint tenant Owner; a transfer by will; or a Permitted Refinancing. The term "Permitted Refinancing" means a refinancing that lowers the interest rate of the first mortgage loan on the Home, decreases its term or lowers the monthly payment of the loan; it does not include a refinancing that increases the outstanding balance of the first mortgage loan, increases the interest rate on the loan or allows the Owner to receive money as a result of the refinancing. Any Permitted Refinancing must be approved by the City, in writing, in advance. No cash back is allowed. If a Recapture Event occurs, the Owner shall pay to the City the amount of the Grant reduced by one sixtieth (1/60th ) of that amount for each full month the Owner has occupied the Home during the term of this Agreement. In the event the Owner wishes to have the City subordinate, the following applies: Planning and Development Department, Community Development Division Revised February 26,