1. Special Event Licensing Agreements (Lori Wilson, Parks Recreation Director) 3. Joint and Crack Sealing Contract (Scott Hinton, City Engineer)

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1 Committee-of-the-Whole Agenda City of Moline Street, Moline 2 nd Floor Council Chambers 6:30 p.m. Tuesday, February 14, 2017 Questions on the Agenda Agenda Items 1. Special Event Licensing Agreements (Lori Wilson, Parks Recreation Director) 2. Ditch Maintenance Contract (Scott Hinton, City Engineer) 3. Joint and Crack Sealing Contract (Scott Hinton, City Engineer) 4. Grind and Dine, L.L.C. Lease Agreement (Bryon Lear, Library Director) 5. Avenue of the Cities/27 th Street Business District (Ray Forsythe, Planning & Development Director) 6. Avenue of the Cities/27 th Street Business District Taxes (Ray Forsythe, Planning & Development Director) 7. Other

2 Explanation 1. A Resolution authorizing the Mayor and City Clerk to execute Licensing Agreements for 2017 Special Event approved applications for use of the public right-of-way, and on City property known as Bass Street Landing Plaza, the Historic Block Courtyard, and Parking Lot U; and authorizing amplified sound during 2017 approved Special Events to no later than 10:00 p.m. daily on City property known as Bass Street Landing Plaza; and authorizing amplified sound during 2017 approved Special Events to no later than 10:00 p.m. Sundays through Thursdays and no later than 11:00 p.m. Fridays and Saturdays on City property known as Parking Lot U; and authorizing amplified sound during 2017 approved Special Events to no later than 10:00 p.m. Sundays through Thursdays and 12:00 midnight Fridays and Saturdays on City property known as the Historic Block Courtyard. (Lori Wilson, Parks Recreation Director) Explanation: This is an annual resolution to streamline the Special Events procedure and provide efficient customer service. Each individual street closure and highway permit will continue to be presented to the Council for approval. Security issues, traffic detail, insurance requirements, and all essential licenses will continue to be reviewed and approved by the Special Events Committee. Additional documentation attached. Staff Recommendation: Approval Fiscal Impact: N/A Public Notice/Recording: N/A Goals Impacted: A Great Place to Live 2. A Resolution authorizing the Mayor and City Clerk to execute a Contract with Needham Excavating, Inc., for Project #1272, 16 th Street Ditch Maintenance, in the amount of $82,695. (Scott Hinton, City Engineer) Explanation: Bids were opened and publicly read on February 7, 2017, for Project #1272 with the following results: $82, Needham Excavating, Inc. $87, Miller Trucking & Excavating, Inc. $90, Brandt Construction Co. $97, Langman Construction, Inc. $102, Curnyn Construction Co. $115, Valley Construction Co. Needham Excavating, Inc., submitted the lowest responsible and responsive bid. Additional documentation attached. Staff Recommendation: Approval Fiscal Impact: Funds are budgeted and available as follows: ACCOUNT BUDGETED AS-BID CIF Water WPC Storm 120, , $120, $82, Public Notice/Recording: N/A Goals Impacted: Strong Local Economy, Upgrade City Infrastructure & Facilities

3 3. A Resolution authorizing the Mayor and City Clerk to execute a Contract with Freehill Asphalt, Inc., for Project #1265, 2017 Joint and Crack Sealing Program, in the amount of $96,700. (Scott Hinton, City Engineer) Explanation: Bids were opened and publicly read on February 7, 2017 for Project #1265 with the following results: Freehill Asphalt, Inc., submitted the lowest responsible and responsive bid. Additional documentation attached. Staff Recommendation: Fiscal Impact: $96, Freehill Asphalt, Inc. $100, Denler, Inc. Approval Funds are budgeted as detailed below: ACCOUNT BUDGETED AS-BID CIP 100, , Water WPC Storm $100, $96, Public Notice/Recording: N/A Goals Impacted: Upgrade City Infrastructure & Facilities 4. A Special Ordinance authorizing the Mayor and City Clerk to execute a Lease Agreement with Grind and Dine, L.L.C., dba Java Lab Grind and Dine Cafe, permitting a portion of the Moline Public Library, at st Street, to be utilized as a coffee shop. (Bryon Lear, Library Director) Explanation: The City, by and through the Library Board of Directors, has previously entered into a lease agreement with the owner of Cafe Du Monde, L.L.C., dba Java Lab, permitting a portion of the library facility at st Street to be utilized as a coffee shop. Café Du Monde, L.L.C., has been sold to Grind and Dine, L.L.C., necessitating a new Lease Agreement to reflect new ownership. Pursuant to the Agreement, rent payments from March 1, 2017, through February 28, 2017, shall be $ per month. The Library Board has approved the terms of this Lease Agreement. Additional documentation attached. This item will also appear on the City Council Agenda on February 14, 2017, under Items Not on Consent for first reading, and consideration is requested. Staff Recommendation: Fiscal Impact: Public Notice/Recording: Goals Impacted: Approval $ per month rent payment N/A A Great Place to Live & Strong Local Economy

4 5. An Ordinance establishing the Avenue of the Cities/27th Street Business District; and designating the Avenue of the Cities/27th Street Business District; and approving the Avenue of the Cities/27th Street Business District Plan within the City of Moline. (Ray Forsythe, Planning & Development Director) Explanation: The City of Moline, Rock Island County, Illinois (the City ), is authorized under and pursuant to Division 74.3, the Business District Development and Redevelopment Law, 65 ILCS through 3-7 ( the Business District Law ), to establish a business district to be named the Avenue of the Cities/27th Street Business District (the Business District ) and adopt and approve the related business district plan for said Business District (the Avenue of the Cities/27th Street Business District Plan ). The City held a Public Hearing on February 7, The purpose of the Avenue of the Cities/27th Street Business District Plan and the designation of the Business District is to eradicate the blighting conditions that exist and to assure opportunities for development or redevelopment, encouraging private investment, and attracting sound and stable business and commercial growth to the Business District. Additional documentation attached. Staff Recommendation: Fiscal Impact: Public Notice/Recording: Goals Impacted: Approval N/A N/A A Great Place to Live 6. An Ordinance establishing certain business district taxes in the Avenue of the Cities/27th Street Business District; and imposing certain business district taxes in the Avenue of the Cities/27th Street Business District. (Ray Forsythe, Planning & Development Director) Explanation: The City of Moline desires to establish and designate the Avenue of the Cities/27th Street Business District and Approving the Avenue of the Cities/27th Street Business District Plan within the City of Moline, Illinois in accordance with the Business District Development and Redevelopment Law, 65 ILCS 5/ through In furtherance of the Avenue of the Cities/27th Street Business District, the Corporate Authorities of the City desire to establish and impose a Business District Retailers Occupation Tax and a Business District Service Occupation Tax pursuant to Section (10) of the Business District Law. Staff Recommendation: Fiscal Impact: Public Notice/Recording: Goals Impacted: Approval N/A N/A A Great Place to Live

5 LICENSEE: 2017 Special Event LICENSING AGREEMENT PARTIES: The LICENSOR is the City of Moline, Illinois, a municipal corporation, hereinafter called the CITY. The LICENSEE is 2017 Special Event hereinafter called the LICENSEE. PREMISES: USE: INTEREST: City Owned Property or Council Authorized Right of Way Closure LICENSEE shall be allowed only to: Use a public roadway, other right-of-way, and City property for the special event. LICENSEE acquires only the right to: Use a public roadway, other right-of-way, and City property in conjunction with the 2017 Special Event. The Licensing Agreement is not assignable without prior written approval of the CITY, and the LICENSEE shall give the CITY at least twenty-one (21) days notice in writing of the intention to assign. If assignment is made without notice and approval, the CITY, in addition to any remedies for breach hereof, may hold the LICENSEE responsible for all things to be done, fees to be paid and documents to be filed under the terms hereof. No proprietary, ownership, possessory, possessatory, or other rights, except as specifically given herein, are to be acquired by the LICENSEE. TERM: The term of this Licensing Agreement is from: Date and time of City Owned Property or Council Authorized Right of Way Closure The City may terminate this Agreement immediately upon written notice if licensee fails to comply with the term of this Agreement. FEE: The usage charge is part of the Special Event Application Fee. CONDITIONS: LICENSEE shall indemnify and hold the CITY harmless from all acts in connection with use or misuse of the premises, and from any/all accidents on the premises. The LICENSEE shall procure, at its own expense, an Insurance Policy also naming the CITY as additional insured to protect the CITY from all damages to person or property on the premises resulting from accidents on the premises and also naming the STATE OF ILLINOIS as an additional insured, if applicable. Said policy or certificate shall be deposited with the CITY prior to the event and shall be in an amount not less than $, and shall contain language satisfactory to the City of Moline, pursuant to Chapter 6, Section 2104, of the Moline Code of Ordinances. -1-

6 LICENSEE shall be the primary insured. LICENSEE shall have the duty and responsibility to maintain the premises in a safe and neat condition, as determined by the CITY. Upon termination of the Licensing Agreement, LICENSEE shall restore the premises to its condition prior to issuance of Licensing Agreement, or property on the premises shall become the property of the CITY - at the CITY s option. Any construction on the premises shall be done under the direction of the CITY. The CITY and its authorized agents shall have the right to enter upon the premises for municipal purposes. LICENSEE: CITY OF MOLINE, ILLINOIS: By: 2017 Special Event Coordinator Mayor By: Address and Telephone: Attest: City Clerk Date: Approved as to Form: City Attorney -2-

7 CITY OF MOLINE CONTRACT THIS AGREEMENT, made and concluded this _ day of, A.D., 2016, between NEEDHAM EXCAVATING, INC. of TH AVENUE, WALCOTT, IA 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 EIGHTY TWO THOUSAND SIX HUDNRED NINETY FIVE AND 00/100 ($82,695.00) 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 #1272, 16 th Street Ditch Maintenance Project 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 EIGHTY TWO THOUSAND SIX 2

9 HUDNRED NINETY FIVE AND 00/100 ($82,695.00) 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 7, :00 a.m. Project: th Street Ditch Maintenance Project Miller Trucking & Needham Excavating, Inc. Excavating Brandt Construction Co. ITEM UNIT UNIT UNIT NO. ITEM UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 Channel Excavation CY 1575 $28.00 $44, $35.00 $55, $35.00 $55, Grading and Shaping of Ditch LF 1870 $9.00 $16, $5.50 $10, $7.00 $13, Temporary Erosion and Sediment Control EA 15 $ $2, $ $1, $ $2, Permanant Erosion Control With Seeding SY 4300 $1.80 $7, $1.40 $6, $1.80 $7, Storm Sewer Adjustments EA 16 $ $4, $ $12, $ $6, Traffic Control L SUM 1 $8, $8, $3, $3, $5, $5, TOTAL $82, $87, $90, Langman Construction, Inc. Curnyn Construction Co. Valley Construction Co. ITEM UNIT UNIT UNIT NO. ITEM Unit Quantity PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 Channel Excavation CY 1575 $20.00 $31, $11.00 $17, $43.00 $67, Grading and Shaping of Ditch LF 1870 $24.00 $44, $31.00 $57, $5.00 $9, Temporary Erosion and Sediment Control EA 15 $54.00 $ $ $4, $ $4, Permanant Erosion Control With Seeding SY 4300 $4.35 $18, $3.00 $12, $4.00 $17, Storm Sewer Adjustments EA 16 $50.00 $ $ $7, $40.00 $ Traffic Control L SUM 1 $ $ $2, $2, $16, $16, TOTAL $97, $102, $115, The above prices are "as read" and are subject to approval by the City of Moline Engineering Department. 1

11 CITY OF MOLINE CONTRACT THIS AGREEMENT, made and concluded this _ day of, A.D., 2016, between FREEHILL ASPHALT, INC. of 103 YOUNT AVENUE, WATSEKA, 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 NINETY SIX THOUSAND SEVEN HUNDRED AND 00/100 ($96,700.00) 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 #1265, 2017 Joint and Crack Sealing Program 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

12 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 NINETY SIX THOUSAND 2

13 SEVEN HUNDRED AND 00/100 ($96,700.00) 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

14 CITY OF MOLINE, IL BID TABULATION Bid Date and Time: February 7, :00 a.m. Project: Joint and Crack Sealing Program ITEM UNIT UNIT NO. ITEM UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT 1 Crack Routing (BIT Pavement) LF 60,000 2 Crack Routing (PCC Pavement) LF 60,000 3 Crack Filling POUND 70,000 4 Traffic Control L.SUM 1 Freehill Asphalt, Inc. Denler, Inc. $0.01 $ $0.01 $ $0.01 $ $0.03 $1, $1.35 $94, $1.39 $97, $1, $1, $1, $1, TOTAL $96, $100, The above prices are "as read" and are subject to approval by the City of Moline Engineering Department. 1

15 MOLINE PUBLIC LIBRARY COFFEE SHOP LEASE AGREEMENT This Agreement is made and entered into as of, 2017, by and between the City of Moline, Illinois, a municipal corporation ( Owner ), by and through its Library Board of Directors, and Grind and Dine, LLC, dba Java Lab Grind and Dine Café (hereinafter Vendor ) to lease a portion of the Library facility located at st Street, Moline, Illinois. WHEREAS, Owner is a public library and a not-for-profit entity located at st Street, Moline, Illinois (hereinafter Owner s property ); and WHEREAS, Owner has determined a need for a coffee shop on Owner s property to serve its patrons and staff; and WHEREAS, Owner wishes to contract with Vendor for the operation of a coffee shop on Owner s property subject to the terms, conditions, restrictions, limitations and reservations stated herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties agree as follows: 1. PREMISES AND USE. a) Owner shall provide Vendor approximately nine hundred (900) square feet of floor space located in the lobby of Owner s property (hereinafter Facility ), commonly known as the Moline Public Library, being more particularly described in Exhibit A, attached hereto and incorporated by reference herein, for the purpose of operating a coffee shop; a sketch of said floor space and the coffee shop to be located thereon (hereinafter Premises ) is depicted in Exhibit B, attached hereto and incorporated by reference herein. b) The coffee shop shall be operated under the name of Java Lab Grind and Dine Café. c) Owner shall lease the Premises to Vendor solely for the operation of a coffee shop, which operation may include the sale of beverages and preparation of food items for consumption, such as sandwiches, soups, fruit, cookies, etc., and the sale of related merchandise, all of which are to be approved by Owner. The selection of beverages and foods referenced herein and its pricing shall be determined by the Vendor; however, under no circumstances shall the Premises be used for the sale or consumption of alcoholic beverages or the sale or smoking of tobacco products or the paraphernalia of either. d) Owner shall have access to the Premises at all times. Vendor shall have access to the Premises at all times that the front entrance to Owner s property is unlocked and open to the general public. Hours of operation of the coffee shop will be the same as Owner s hours of operation; however, the coffee shop may be open during alternate Page 1 of 15

16 hours if said alternate hours are agreed upon by Owner or Owner s designee, in writing. Owner s scheduled hours are expected to be as follows: Monday through Thursday: 9:00 AM 8:00 PM; Friday-Saturday: 9:00 AM 5:30 PM Sunday: Closed Vendor s hours are expected to be as follows: Monday through Thursday: 7:00 AM 7:30 PM; Friday-Saturday: 7:00 AM 5:00 PM; Sunday: Closed e) Vendor agrees to provide catering to individuals, groups and organizations (hereinafter participants ) utilizing meeting rooms made available to the public located elsewhere in the Library. For this purpose, catering shall mean providing food and beverages to participants either on the leased premises or delivery of food and beverages to participants in the Library meeting rooms. f) Owner shall facilitate and allow access by Vendor to the Premises during alternate hours that have been agreed upon in writing, including access to areas off the Premises that would be necessary for Vendor to conduct its business. g) Owner will provide limited storage space of approximately one hundred (100) square feet inside Owner s Facility and separate from the Premises for the Vendor to store non-perishable items including but not limited to cups, straws, plates, and napkins for use on the Premises. The owner will provide a refrigerator to this area for perishable items. Material unrelated to the Vendor s operation of the business on the Premises will not be permitted in said storage space. 2. INDEPENDENT CONTRACTOR. Vendor is an independent contractor. However, Vendor acknowledges that the coffee shop is located in a public library and agrees that the Owner must have the right to make and enforce rules and regulations governing the Premises, which rules and regulations shall be considered covenants of this Agreement. Present rules and regulations are set forth in Exhibit C attached hereto and incorporated by reference. Vendor agrees to be responsible for the following: a) Vendor shall serve as manager and operator of the coffee shop. b) Vendor shall at all times operate the coffee shop in a manner which meets the requirements for maintenance of the certificate of occupancy, food and beverage permits or licenses and any other required governmental authorizations. c) Vendor shall be responsible for all staffing, taxes, insurance, and appropriate licensing associated with and necessary for the operation of the coffee shop. Vendor s employees shall not be deemed employees of Owner for any purpose whatsoever and shall not be eligible to participate in any benefit program provided by the Owner for its employees. Vendor shall be exclusively responsible for the payment of all wages and salaries, taxes, withholding payment, penalties, fees, fringe benefits, professional liability insurance premiums, contributions to insurance and pension or other deferred compensation plans including, but not limited to, workers compensation and Social Security obligations, licensing fees, etc., and the filing of all necessary documents, forms Page 2 of 15

17 and returns pertinent to all of the foregoing. Vendor shall not bring any cause of action alleging Owner is the employer of Vendor or any of Vendor s employees, officers or agents, and Vendor shall indemnify, defend and hold harmless Owner against all claims, losses, costs, or expenses associated with the employment of said employees by Vendor. d) Vendor shall furnish, install and maintain, at Vendor s sole cost, all equipment and supplies necessary for coffee and food preparation on the Premises. A copy of said items is contained in Vendor s inventory, a copy of which is attached hereto and incorporated herein as Exhibit D. Said items shall remain the property of Vendor, and Vendor shall remove said items from the Premises and the storage space identified in paragraph 1(g). e) Vendor shall have the exclusive ability and responsibility of purchasing, storing, preparing, serving and setting pricing of all beverage and food items within the Premises, and for storage of items in the Owner-provided storage space as provided for in paragraph 1(f) above. f) Vendor may erect signs and advertisements for the coffee shop inside Owner s property as approved by Owner or Owner s designee in writing in advance. g) Vendor shall oversee the delivery of all items for the coffee shop that are identified herein as Vendor s responsibility. Deliveries minimal in size will be permitted through the front entrance of Owner s Facility; large deliveries must be made through the rear receiving entrance of Owner s Facility. Delivery sizes shall be determined and agreed upon by the parties. h) Vendor shall be responsible for properly bagging garbage from the operation of the coffee shop and placing it in the area for disposal designated by Owner. 3. OWNER S RESPONSIBILITIES. a) Owner shall furnish necessary utilities and utility connections for the operation of the coffee shop and shall pay all utility costs incurred in the operation of the coffee shop, including but not limited to electricity, water, gas, heat, and air conditioning, local telephone services and such WIFI connection as the rest of the Library has. Vendor shall not unreasonably consume or waste such utilities, consuming only that which is necessary to conduct the operation of the coffee shop. b) Owner shall furnish the following equipment to be used in the coffee shop: a refrigerator, a dishwasher, microwave, ice machine and a specified number of display cases and tables and chairs as agreed upon by the parties. c) Owner shall provide a telephone on the Premises for local calls only. d) Owner shall be responsible for routine janitorial cleaning and maintenance of the Premises. Said routine cleaning and maintenance does not include bussing tables or cleaning or maintaining equipment and supplies furnished by Vendor for the operation of the coffee shop as identified in Paragraph 2(d) above. Maintenance includes repairs to the premises and the fixtures, equipment, etc. provided by Owner caused by normal wear and tear and/or subject to insurance provisions listed in Section 7. Page 3 of 15

18 4. RENT/DIVISION OF REVENUE. Vendor shall pay lease payments to Owner as follows: a) $ per month due on the first day of each month beginning March 1, 2017 through the end of the lease term February 28, TERM AND TERMINATION. a) The term of this Agreement shall commence on March 1, 2017 (hereinafter Commencement Date ) and shall continue through February 28, This Agreement will automatically renew for an addition one (1) year term at the expiration of each term unless either party provides written notice to the other party, within ninety (90) days of the expiration date, of its intent: (1) to terminate, without cause, or (2) renegotiate specific terms or conditions. Termination under this paragraph would be without penalty. b) In addition to any other remedies provided by law or equity, in the event of any default or breach of this Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party or successor shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach within thirty (30) days after receipt of such notice. Said written notice shall describe the nature of the default, and what action, if any, is deemed necessary to cure the same. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, but in no event longer than thirty (30) days after receipt such notice unless mutually agreed to in writing by the parties, the aggrieved party may terminate this Agreement by providing final written notice to the other or institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. Upon termination of the Agreement by either party, Vendor must peacefully surrender the Premises to Owner; Owner must peacefully surrender Vendor s equipment to Vendor. The Premises leased herein shall include all appurtenant fixtures to said real estate, which, upon termination of this Agreement shall remain with the Premises and return to Owner, including without limitation, brackets and fixtures, all carpeting, electric light fixtures, telephone lines, doors, windows, window treatments, and all cooling, heating, plumbing and electrical systems. 6. HOLD HARMLESS/INDEMNIFY. (a) In consideration for permission to use the Premises and Owner s property as granted above, Vendor hereby agrees to defend, hold harmless and indemnify Owner, its subsidiaries and affiliates, their respective officers, directors, employees, agents, assigns, servants and contractors from and against all claims, demands, actions, or proceedings, all costs, damages, expenses, or other liability of any nature whatsoever due to personal injury or property damage (including damage to the Premises and Owner s property other than reasonable wear and tear), any of which arises directly or indirectly from or in connection with, in whole or in part, the permission to use and/or use of the Premises and Owner s property granted herein under, unless caused or contributed to by the willful acts or omissions of Owner, its officers, directors, employees, Page 4 of 15

19 agents or assigns, in which case Vendor shall have no duty to defend, hold harmless or indemnify. (b) This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties thereto. 7. VENDOR S INSURANCE COVERAGE. Vendor shall, throughout the term of this Agreement and at Vendor s expense, carry and keep in full force and effect comprehensive general liability insurance with respect to the Premises, with a carrier and in a form satisfactory to Owner, which policy or policies shall: a) Have limits of $1,000, per occurrence personal injury and $1,000, property damage, or $1,000, per occurrence personal injury and property damage combined single limit; b) Have Premises Rented liability coverage with a minimum limit of $1,000,000. c) Have medical payments general liability coverage limits of $10, d) Name Owner as an additional insured party; e) Contain a clause that the insurance carrier will not cancel or change the insurance without first giving the Owner thirty (30) days prior written notice in a form similar to that attached hereto as Exhibit E. f) Contain fire and extended perils insurance covering Vendor s own property and insuring Vendor s possessions on the Premises; Owner shall have no duty to insure Vendor s possessions, the possessions of Vendor s guests, invitees or permitees, or to replace same in the event of any calamity or other disaster; and g) Each such policy of insurance shall contain a waiver of subrogation provision. h) Shall extend to acts or occurrences occurring on the Premises or on the Facility which are related to Vendor s actions or business. Vendor shall further carry workers compensation insurance. Workers compensation and public liability insurance shall be paid by Vendor from the coffee shop operation. Certificates of all insurance coverage shall be delivered to Owner seven (7) days prior to the Commencement Date and on an annual basis hereafter. 8. NOTICES. Any notice required or permitted hereunder shall be in writing, signed by the party giving the notice, and shall be deemed given when: a) Hand delivered to the party to whom the notice is addressed, or b) Mailed by certified mail, return receipt requested, United States mail, postage prepaid, and addressed to the party at the address shown below: Owner: Vendor: Moline Public Library Grind and Dine, LLC, dba c/o Library Director Java Lab Grind and Dine Café st Street Thomas and Ann Waggoner Moline, Illinois Larkspur Circle Port Byron, IL With a copy to: City of Moline c/o City Attorney th Street Page 5 of 15

20 Moline, Illinois Either party may change the address and individual(s) to whom the notice is to be directed by written notice sent to the other party in the manner provided above. 9. CASUALTY. If the Premises are damaged by fire or other casualty during the term of this Agreement, so that the Premises are rendered unusable by Vendor for the operation of the coffee shop, then either Owner or Vendor may cancel this Agreement by written notice delivered to the other. On such cancellation, rent shall be paid only to the date of the fire or casualty, and Vendor shall be held harmless by Owner for damage to the Premises occasioned by the fire or casualty, except such fire or casualty as may be the result of the negligent, intentional, or willful/wanton acts or conduct of Vendor or Vendor s employees, designees or invitees. 10. OBSERVANCE OF LAWS AND ORDINANCES. Vendor must, at its sole cost and expense, promptly correct any violation and comply with all laws, ordinances, notices, permits, requirements, orders, regulations and recommendations now or in the future in effect, of whatever nature, of all federal, state, county, municipal and other authorities, with respect to Vendor s conduct or use of the premises. 11. SURRENDER OF PREMISES. At the end or termination of the term hereby demised, Vendor covenants to surrender and deliver up the Premises hereby leased in as good as condition as they now are, or may hereafter be put, destruction by fire, reasonable use, ordinary wear and tear, and the effects of time excepted. 12. ASSIGNMENT AND SUBLEASING. Vendor shall not have the right to assign this Agreement or sell, transfer or sublet any portion of the Premises herein without the express written consent of Owner, and consent of Owner shall not release or discharge Vendor from any obligations hereunder. 13. ALTERATIONS. No alterations or additions shall be made by Vendor in or to the Premises without the prior written consent of Owner. 14. MECHANIC S LIENS. Neither Vendor nor anyone claiming by, through, or under Vendor shall have the right to file or place any mechanic s liens or other lien of any kind or character whatsoever upon the Premises, and notice is hereby given that no contractor, sub-contractor, or anyone else who may furnish any material, service, or labor shall at any time be or become entitled to any lien on the Premises, and for the further security of Owner, Vendor covenants and agrees to give actual notice thereof in advance to any and all contractors and sub-contractors who may furnish or agree to furnish any such material, services, or labor. 15. EFFECT OF PARTIAL INVALIDITY. The invalidity of any part of this Agreement will not and shall not be deemed to affect the validity of any other part. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 16. WAIVER. Waiver by Owner of any breach of any covenant or duty of Vendor under this Agreement is not a waiver of a breach of any other covenant or duty of Vendor, or of any subsequent breach of the same covenant or duty. Page 6 of 15

21 17. CHOICE OF LAW. This Agreement shall be governed by the laws of the State of Illinois, and the sole and exclusive venue for any disputes arising out of this Agreement shall be any state court located within Rock Island County, Illinois, or federal court located within the same venue. 18. TAXES. Vendor shall also be responsible for and pay all real estate taxes assessed against the lease premises if any are so assessed and shall furnish to Owner proof of payment within thirty (30) days after payment is due. 19. MISCELLANEOUS. a) This Agreement and each and every one of the terms and provisions thereof shall be for the benefit of and be binding upon the parties hereto and each of them and their respective heirs, executors, administrators, grantees, successors and assigns. b) This Agreement contains the entire understanding between the parties hereto and supersedes any and all prior agreements, undertakings and arrangements between the parties relating to the subject matter hereof. All amendments, changes, modifications or alterations of the terms and conditions hereof shall be in writing and signed by all parties hereto. c) The captions of the Agreement are used for convenience of reference only and shall have no significance in construing the text of the Agreement. d) Vendor guarantees Thomas and Ann Waggoner have the authority to execute this document on Vendor s behalf and bind Vendor to the terms and conditions of this agreement. Page 7 of 15

22 IN WITNESS WHEREOF, this Agreement is executed in Moline, Illinois, as of the date hereof first above written. OWNER: CITY OF MOLINE VENDOR: GRIND AND DINE, LLC dba Java Lab Grind and Dine Cafe By: Scott Raes, Mayor By: Thomas Waggoner, [title] By: Ann Waggoner, [title] Attest: By: Tracy A. Koranda, City Clerk Approved as to Form: By: City Attorney Page 8 of 15

23 EXHIBIT A LEGAL DESCRIPTION OF FACILITY Tract I Lot Number Twenty-One (21) and the South One Hundred Fifty-Two and Sixty-six One Hundredths (152.66) Feet of the West Eighty (80) Feet of Lot Number Twenty-two (22), all in Meersman s Addition to South Moline, Illinois; Excepting from said Lot Number Twenty-One (21) so much thereof conveyed to the State of Illinois by dedication recorded in Book 472 of Deeds, page 41 No in the office of the Recorder of Deeds of Rock Island County, Illinois. Tract II That part of the West One-Half of the Northeast Quarter of Section Number 10 in Township Number 17 North, Range Number 1 West of the Fourth Principal Meridian, described as follows, to wit: Beginning at a point chains North of the South East corner of said West One Half of the North East Quarter of said Section 10; Thence running West Feet (same being along the South line of Meersman s Addition) to the North East corner of the tract hereby conveyed; Thence running West 440 Feet to the East line of a public road; Thence South 39 degrees 30 minutes East along the East side of said public road Feet; Thence East Feet, and Thence North 90 Feet to the place of beginning, SPECIFICALLY EXCEPTING THEREFORM THE EAST 20 FEET. Tract III PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 17 NORTH, RANGE 1 WEST OF THE FOURTH PRINCIPAL MERIDIAN, THE BOUNDARY BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE NORTH ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, A DISTANCE OF FEET TO A POINT; THENCE WEST FEET TO THE NORTHEAST CORNER OF A TRACT OF LAND AS CONVEYED BY DEED RECORDED IN BOOK 215 OF DEEDS ON PAGE 506 IN THE RECORDER S OFFICE OF ROCK ISLAND COUNTY, ILLINOIS; THENCE SOUTH 89 DECGREES 45 MINTUES 01 SECOND WEST ON THE SOUTH LINE OF LOT 22 IN MEERSMAN S ADDITION, A DISTANCE OF FEET TO Page 9 of 15

24 A POINT; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF FEET TO A POINT IN THE NORTH LINE OF A TRACT DESIGNATED TAX PARCEL SM-213, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF FEET TO A POINT IN THE NORTH LINE OF 33 RD AVENUE; THENCE SOUTH 89 DEGREES 47 MINUTES 59 SECONDS WEST ON SAID NORTH LINE OF 33 RD AVENUE, A DISTANCE OF FEET TO A POINT; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF FEET TO A POINT IN THE NORTH LINE OF SAID TAX PARCEL SM-213 THENCE NORTH 89 DEGREES 56 MINTUES 55 SECONDS EAST ON THE NORTH LINE OF SAID TAX PARECEL SM-213, A DISTANCE OF FEET TO THE POINT OF BEGINNING, ALL SITUATED IN THE CITY OF MOLINE, COUNTY OF ROCK ISLAND, STATE OF ILLINOIS. Page 10 of 15

25 EXHIBIT B SKETCH OF PREMISES (Attached hereto; 1 page) Page 11 of 15

26 EXHIBIT C RULES AND REGULATIONS 1. Vendor s Obligation: Vendor shall comply with and shall cause its employees, agents, clients, customers, invitees and guests to comply with the Rules and Regulations for the Premises. Owner shall neither be responsible for any non-observance thereof by other vendors nor have any obligation to enforce same against other vendors. 2. Signs: Any sign, lettering, picture, and/or notice of advertisement installed within the Premises shall be installed at Owner s approval but at Vendor s sole cost. 3. Use of Name: Vendor shall not use the name of the Owner, or any simulation or abbreviation thereof, as its name or as part of its name without Owner s prior written consent. 4. Obstruction of Access: Vendor, its customers, invitees and guests shall not obstruct sidewalks, entrances, passages, corridors, vestibules, halls, elevators or stairways in, on and about the Premises or Owner s property. Vendor shall not place objects against glass partitions or doors or windows which would be unsightly from the Premises lobby, or from the exterior of the Premises, and will promptly remove same upon notice from Owner. 5. Noises and Odors: Vendor shall not make noises, cause disturbances or vibrations, or use or operate any electrical or electronic devices or other devices that emit sound or other waves or disturbances, or create odors, any of which may be reasonably offensive to other occupants of the Premises or Owner s property or that would interfere with the operation of any device or equipment or radio or television broadcasting or reception from or within the Premises or Owner s property or elsewhere, and shall not place or install any projections, antennae, aerials or similar devices inside or outside the Premises without the express written consent of the Owner. 6. Solicitation: Vendor shall not exhibit, sell or offer to sell, use, rent or exchange any item or service from the Premises unless ordinarily embraced within Vendor s use of the Premises specified herein. 7. Peddlers: Peddlers, solicitors and beggars shall be reported to the Owner or Owner s designee or as Owner otherwise requests. 8. Wastage: Vendor shall not waste electricity, water or air conditioning and shall cooperate fully with Owner to assure the most effective operation of the Premises heating and air conditioning, and shall refrain from attempting to adjust any controls other than room thermostats installed for Vendor s use. Vendor shall keep corridor doors closed. 9. Locks: Door keys for doors in the Premises shall be furnished at the commencement of the Agreement by Owner. Vendor shall not affix additional locks on doors to the Premises or Owner s property and shall purchase duplicate keys only from Owner. No locks shall be changed without the prior written consent of Owner. When the Agreement is terminated, Vendor shall disclose to Owner the combination of any safes, cabinets or vaults left on the Premises. Page 12 of 15

27 10. Security of Premises: Vendor assumes full responsibility for protecting its space from theft, robbery and pilferage, which includes keeping doors locked and other means of entry to the Premises closed and secured. 11. Overloading Floors: Vendor shall not overload floors and Vendor must have Owner s prior written consent as to size, maximum weight, routing and location of business equipment/machines, safes and heavy objects. Vendor shall not install or operate any refrigerating, heating or air conditioning apparatus or any other machinery or any mechanical devices without the prior written consent of Owner. 12. Control of Workmen: No person or contractor not employed by or having the written approval of Owner shall be used to perform janitorial work, window washing, cleaning, decorating, repair or other work on the Premises. 13. Dangerous Articles or Activities: In no event shall any person bring into the Premises inflammables such as gasoline, kerosene, naphtha and benzene, or explosives or any other articles of intrinsically dangerous nature. In addition, Vendor shall not permit any use of the Premises which may increase the premium costs of or invalidate any present or future policy of insurance carried on Owner s property or covering its operation. If by reason of the failure of Vendor to comply with the provisions of this Article, any insurance premium for all or any part of Owner s property shall at any time be increased, Owner shall have the option either to terminate this Agreement or to require Vendor to make immediate payment of the whole of the increased insurance premium. 14. Comply with Government Regulations: Vendor shall comply with all applicable Federal, State and Municipal laws, ordinances and regulations and guiding rules, and shall not directly or indirectly make or permit any use of the Premises which may be prohibited by and thereof or may be dangerous to person or property or may increase the cost of insurance and require additional insurance coverage. 15. Unethical Advertising: Vendor shall not advertise the profession or activities of Vendor conducted in the Premises in any manner which violates the letter or spirit of any code of ethics adopted by any recognized association or organization pertaining to such profession or activities. 16. Vending Machine: No vending or dispensing machines of any kind shall be placed in or about the Premises without the prior written consent of the Owner. 17. Vendor Shall Not Interfere With Reserved Rights: Vendor shall not attempt to exercise any of the rights specifically reserved by Owner or interfere in any way with the exercise of these rights by Owner. 18. Non-Smoking Building: The Premises and all common areas of Owner s property are designated as non-smoking areas. Vendor and its employees, agents, licensees and invitees shall faithfully observe this smoking restriction. 19. Alcoholic Beverages: No alcoholic beverages shall be served or dispensed on the Premises or any common areas of Owner s property. Page 13 of 15

28 EXHIBIT D VENDOR INVENTORY Equipment List Provided by Java Lab Grind and Dine Cafe: Espresso Machine Expresso Grinder Bunn Brew System 2 Batch Grinders Soup Pot Panini Press Sandwich Station Toaster Convection Oven Cash Register Blender Soft Drink Station CD Player 2 Deep Freezers Credit Card Terminal All Art & Decoration Items Display Refrigerator Prep Table Page 14 of 15

29 EXHIBIT E INSURANCE REQUIREMENTS The City of Moline shall be named as an additional insured. Certificate Holder should read: City of Moline th Street Moline, Illinois Cancellation should read: Should any of the above described policies be cancelled before the expiration date thereof, the issuing insured shall mail 30 days written notice to the certificate holder named to the left and no cancellation thereof shall be effective without such notice to the certificate holder. Page 15 of 15

30 Business District Plan Avenue of the Cities/27 th St. Business District Prepare for City of Moline, Illinois Prepared by December 22, 2016

31 Avenue of the Cities/27 th St. Business District Moline, Illinois ACKNOWLEDGEMENTS MAYOR Scott Raes CITY COUNCIL Stephanie Acri David Parker, Jr. Quentin Rodriguez Kevin Schoonmaker Lori Turner Michael Waldron Mike Wendt John Zelnio CITY CLERK Tracy A. Koranda FINANCE DIRECTOR Kathleen Carr PLANNING & DEVELOPMENT DIRECTOR Ray Forsythe CITY ATTORNEY Maureen E. Riggs /22/2016 i

32 Avenue of the Cities/27 th St. Business District Moline, Illinois TABLE OF CONTENTS SECTION 1 INTRODUCTION... 1 Background... 1 Area Boundary and Need for the Business District... 1 Municipal Authority... 3 Additional Statutory Provisions... 5 SECTION 2 ANALYSIS OF BLIGHTING FACTORS... 7 Qualifications Analysis for Area... 7 Qualification Summary and Findings... 8 SECTION 3 BUSINESS DISTRICT PLAN Description of the Business District Purpose of the Plan Business District Objectives General Description and Location of Proposed Projects Business District Policies Business District Project Costs Sources of Funds to Pay Business District Project Costs SECTION 4 FINDINGS AND AMENDMENTS TO THE BUSINESS DISTRICT PLAN Establishment and Term of the Business District Findings of the Plan Plan Amendments EXHIBITS A Business District Boundary... 2 B Estimated Business District Project Costs APPENDIX Attachment A Avenue of the Cities/27 th St. Business District Boundary Description Attachment B Photographs of Existing Conditions /22/2016 ii

33 Avenue of the Cities/27 th St. Business District Moline, Illinois SECTION 1 INTRODUCTION BACKGROUND The City of Moline (the City ) recognizes that its long-term viability depends, in part, on strengthening its tax base by diversifying its economic base. This not only applies to the City as a whole, but at the neighborhood level as well. The City has determined that it is essential to its economic and social welfare to identify and promote opportunities for development and private investment in order to attract sound and stable commercial growth. The purpose of this document is to set forth a plan to induce private investment in the redevelopment and reuse of approximately 2.1 acres of land located at the northeast corner of and Avenue of the Cities. This will include the financial assistance to help offset the extraordinary costs associated with the property acquisition, building demolition, building renovation and other project costs. Recently, the City has been approached by a developer wishing to redevelop this area by renovating a vacant former grocery store, building a new multi-tenant commercial building and building a multi-story residential structure. However, the developer will not proceed with the project absent financial incentives to help offset development costs. The City has determined that the Business District Development and Redevelopment Law (65 ILCS 5/ , et. seq.) (the Business District Law ) is an appropriate vehicle to be used as an inducement for funding a portion of the costs associated with redeveloping this area. Designating the area as a Business District will advance the City s goal of strengthening its commercial base. This will, in turn, bolster the tax base of the City. AREA BOUNDARY AND NEED FOR THE BUSINESS DISTRICT The boundaries of the area to be addressed in this Plan are delineated on Exhibit A Business District Boundary and a boundary description is located in the Appendix of this Plan. The business district will be named the Avenue of the Cities/27 th St. Business District and is referred to herein as the Business District or District /22/2016 1

34 Legend Business District Boundary 19TH AV 27TH ST AVENUE OF THE CITIES 27TH ST 28TH ST o January 2017 Exhibit A Business District Boundary Avenue of the Cities / 27th St. Business District City of Moline, Illinois Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, Feet IGN, IGP, swisstopo, and the GIS User Community

35 Avenue of the Cities/27 th St. Business District Moline, Illinois The purpose of the Business District is to induce the redevelopment of the area that suffers from blighted conditions. Furthermore, this area has not been subject to growth and development through investment by private enterprise. The Developer has demonstrated to the City s satisfaction that redeveloping the District is economically infeasible. When the level of costs required to develop an area equals or exceeds the income potential, the developer s ability to make a profit is reduced (or eliminated) and therefore the development does not occur. Therefore, the Business District is needed to overcome this economic disincentive. MUNICIPAL AUTHORITY The Business District Law authorizes Illinois municipalities to designate an area within the municipality as a business district. A business district must be established in conformance with a specific plan officially approved by the corporate authorities of the municipality after a public hearing. A business district must also conform to the municipality's comprehensive plan. The exercise of the powers provided for in the Business District Law is dedicated to the promotion of the public interest and to the enhancement of the tax base of business districts. The use of such powers for the development and redevelopment of business districts is a public use essential to the public interest. In accordance with the Business District Law, the City may exercise the following powers: (1) To make and enter into all contracts necessary or incidental to the implementation and furtherance of a business district plan. A contract by and between the municipality and any developer or other nongovernmental person to pay or reimburse said developer or other nongovernmental person for business district project costs incurred or to be incurred by said developer or other nongovernmental person shall not be deemed an economic incentive agreement under Section , notwithstanding the fact that such contract provides for the sharing, rebate, or payment of retailers' occupation taxes or service occupation taxes (including, without limitation, taxes imposed pursuant to subsection 10) the municipality receives from the development or redevelopment of properties in the business district. Contracts entered into pursuant to this subsection shall be binding upon successor corporate authorities of the municipality and any party to such contract may seek to enforce and compel performance of the contract by civil action, mandamus, injunction, or other proceeding. (2) Within a business district, to acquire by purchase, donation, or lease, and to own, convey, lease, mortgage, or dispose of land and other real or personal property or rights or interests therein; and to grant or acquire licenses, easements, and options with respect thereto, all in the manner and at such price authorized by law. No conveyance, lease, mortgage, disposition /22/2016 3

36 Avenue of the Cities/27 th St. Business District Moline, Illinois of land or other property acquired by the municipality or agreement relating to the development of property, shall be made or executed except pursuant to prior official action of the municipality. No conveyance, lease, mortgage, or other disposition of land owned by the municipality, and no agreement relating to the development of property, within a business district shall be made without making public disclosure of the terms and disposition of all bids and proposals submitted to the municipality in connection therewith. (2.5) To acquire property by eminent domain in accordance with the Eminent Domain Act. (3) To clear any area within a business district by demolition or removal of any existing buildings, structures, fixtures, utilities, or improvements, and to clear and grade land. (4) To install, repair, construct, reconstruct, or relocate public streets, public utilities, and other public site improvements within or without a business district which are essential to the preparation of a business district for use in accordance with a business district plan. (5) To renovate, rehabilitate, reconstruct, relocate, repair, or remodel any existing buildings, structures, works, utilities, or fixtures within any business district. (6) To construct public improvements, including but not limited to buildings, structures, works, utilities, or fixtures within any business district. (7) To fix, charge, and collect fees, rents, and charges for the use of any building, facility, or property or any portion thereof owned or leased by the municipality within a business district. (8) To pay or cause to be paid business district project costs. Any payments to be made by the municipality to developers or other nongovernmental persons for business district project costs incurred by such developer or other nongovernmental person shall be made only pursuant to the prior official action of the municipality evidencing an intent to pay or cause to be paid such business district project costs. A municipality is not required to obtain any right, title, or interest in any real or personal property in order to pay business district project costs associated with such property. The municipality shall adopt such accounting procedures as shall be necessary to determine that such business district project costs are properly paid. (9) To apply for and accept grants, guarantees, donations of property or labor or any other thing of value for use in connection with a business district project. (10) If the municipality has by ordinance found and determined that the business district is a blighted area under this Law, to impose a retailers' occupation tax and a service occupation /22/2016 4

37 Avenue of the Cities/27 th St. Business District Moline, Illinois tax in the business district for the planning, execution, and implementation of business district plans and to pay for business district project costs as set forth in the business district plan approved by the municipality. (11) If the municipality has by ordinance found and determined that the business district is a blighted area under this Law, to impose a hotel operators' occupation tax in the business district for the planning, execution, and implementation of business district plans and to pay for the business district project costs as set forth in the business district plan approved by the municipality. ADDITIONAL STATUTORY PROVISIONS In accord with the provisions of the Business District Law stated above, a municipality may enter into contracts necessary or incidental to the implementation and furtherance of a business district plan. This contracting power includes entering into an agreement with a developer or other nongovernmental person that provides for the sharing, rebate, or payment of retailers' occupation taxes or service occupation taxes the municipality receives from the development or redevelopment of properties in the business district. Also, the corporate authorities of a municipality may impose a retailers' occupation tax, service occupation tax, or hotel operators occupation tax by ordinance pursuant to subsection (10) or (11) of Section of the Business District Law. However, in order to establish such taxes, the business district area must qualify as a blighted area as that term is defined in Section of said law, to wit: "Blighted area" means an area that is a blighted area which, by reason of the predominance of defective, non-existent, or inadequate street layout, unsanitary or unsafe conditions, deterioration of site improvements, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire or other causes, or any combination of those factors, retards the provision of housing accommodations or constitutes an economic or social liability, an economic underutilization of the area, or a menace to the public health, safety, morals, or welfare. Furthermore, a business district plan shall be prepared. As defined in Section of the Business District Law, a business district plan is the written plan for the development or redevelopment of the area identified as the district and must contain the following information: (i) a specific description of the boundaries of the proposed business district, including a map illustrating the boundaries; /22/2016 5

38 Avenue of the Cities/27 th St. Business District Moline, Illinois (ii) a general description of each project proposed to be undertaken within the business district, including a description of the approximate location of each project and a description of any developer, user, or tenant of any property to be located or improved within the proposed business district; (iii) the name of the proposed business district; (iv) the estimated business district project costs; (v) the anticipated source of funds to pay business district project costs; (vi) the anticipated type and terms of any obligations to be issued; and (vii) the rate of any tax to be imposed pursuant to subsection (10) or (11) of Section and the period of time for which the tax shall be imposed. This document constitutes the Avenue of the Cities/27 th St. Business District Plan. It sets forth the necessity for the designation of the Business District, the qualifications of the Business District as a blighted area, a statement of objectives and policies to achieve these objectives, and a description of proposed projects for the Business District /22/2016 6

39 Avenue of the Cities/27 th St. Business District Moline, Illinois SECTION 2 ANALYSIS OF BLIGHTING FACTORS QUALIFICATIONS ANALYSIS FOR THE BUSINESS DISTRICT Because the City intends to implement an additional retailers occupation tax of up to 0.5% in accord with the provisions of the Business District Law, an evaluation of the conditions within the Business District was conducted. In determining whether or not the District qualifies as a blighted area under the Business District Law, research and field surveys were conducted by way of: Contacts with City of Moline officials and the developer proposing to redevelop the District. On-site field examination of conditions within the Area by experienced staff of PGAV. Examination of Rock Island County real property tax assessment records. The following discussion in this section of the Plan summarizes the existing conditions within the Business District that allow it to qualify as a blighted area as defined by the Business District Law. Predominance of Deteriorated Site Improvements and Unsafe Conditions The District contains one vacant building totaling approximately 13,000 square feet. Recently a gas station and restaurant building located on the site were demolished. On October 25, 2016, PGAV staff conducted an on-site inspection of the remaining building and other site improvements. Photographs taken during these inspections are included in the Appendix as Attachment B. A summary of the deteriorated site improvements are as follows: The remaining building is significantly deteriorated, and in its current condition, is unsafe for occupancy. The parking lots associated with the commercial properties in the District are deteriorated /22/2016 7

40 Avenue of the Cities/27 th St. Business District Moline, Illinois Economic Liability and Underutilization Currently, the private properties located within the proposed Business District use to generate sales taxes from the former grocery store, gas station and restaurant. Now the District does not generate any sales taxes for use by the City in providing essential public services. The overall goal of the City is for the Business District to induce new commercial development serving both the local market and the vehicular traffic on the Avenue of the Cities. Through financial incentives, including those authorized under the Business District Law, the City expects to be able to induce private investment that will result in total redevelopment of the District. It is anticipated that the new commercial uses will generate significant sales-taxes along with a stronger property tax base. This project is predicated on the Business District being established, along with other incentives to be provided by the City. Social Liability By reason of the deteriorated conditions and obsolete/vacant properties, the Business District constitutes a social liability to the City and the taxing districts that collect certain taxes generated on properties within the Business District. The City, which is entrusted with providing police protection, fire and rescue, snow removal, and other public services, is constantly faced with fiscal challenges to provide such services. The lack of tax revenue from the Business District presents lost opportunity for additional operating revenue for the City. Also, other units of government provide public services that are an integral part of the quality of life in a community. Without action on the part of the City to induce investment, these taxing districts will lose out on the opportunity for property tax revenue increases that would be generated by commercial development in the Business District. In this way, the economic underutilization of the properties located within the Business District constitutes a social liability. QUALIFICATION SUMMARY AND FINDINGS Based on the blighted area definition outlined in the Business District Law, there are sufficient conditions that represent the required qualifications. These include: A preponderance of deteriorated site improvements, including the lone existing vacant buildings. The economic underutilization of the property within the District and creates an economic and social liability to the City and the taxing districts /22/2016 8

41 Avenue of the Cities/27 th St. Business District Moline, Illinois Therefore the Business District meets the standards as a blighted area per Section (3) of the Business District Law for designation as a Business District for purposes of imposing a tax pursuant to subsections (10) or (11) of Section of the Business District Law. The Business District represents an area of the City, which by reason of the lack of streets constitutes an economic or social liability and an economic underutilization of the area /22/2016 9

42 Avenue of the Cities/27 th St. Business District Moline, Illinois SECTION 3 BUSINESS DISTRICT PLAN DESCRIPTION OF THE BUSINESS DISTRICT The Avenue of the Cities/27 th St. Business District consists of approximately 2.1 net developable acres. The boundaries of the Business District are delineated on Exhibit A Business District Boundary, and a boundary description is attached in the Appendix as Attachment A. PURPOSE OF THE PLAN The purpose of establishing the Business District Plan (the Plan ) is to induce private investment to assemble the property and redevelop the District with new buildings and site improvements. The Plan establishes the objectives and policies for development of the Business District. Under the provision of the Illinois Business District Development and Redevelopment Law, the City intends to adopt the retailers occupation and service occupation sales taxes as provided for in Section (10) of the Law at the level of 1%. The Plan also describes the proposed uses of the revenue to be generated by the Business District tax and lays out policies for using Business District tax revenue to provide incentives to achieve the City s objectives for the Business District. BUSINESS DISTRICT OBJECTIVES It is the overall objective of this Plan to induce the development of the District with suitable commercial uses, which is anticipated to include renovation and retrofit of the 13,000 square foot vacant building into a multi-tenant retail center plus the addition of a new 6,000 square foot multi-tenant commercial building. The Plan envisions businesses that can take advantage of the access to the Avenue of the Cities and 27 th St. More specifically the objectives include: Objective #1: Stabilize and enhance the economic base of Moline s neighborhoods. The District is located at the south edge of the Forest Hill neighborhood and the north edge of the Highland neighborhood. The City continually looks to maintain and enhance its economic base for the City as a whole and at the neighborhood level. Establishment of a Business District as described herein gives the City the opportunity to use incentives to /22/

43 Avenue of the Cities/27 th St. Business District Moline, Illinois attract commercial growth that will bring new retail activity to an area which has become economically underutilized. This will also increase the assessed valuation of the tax base. Objective #2: Remove blighted conditions. The deteriorated conditions and underutilization of the properties located in the District has led to the creation of economic liabilities for the City and other taxing districts. It is the objective of this Plan to provide the Developer financial incentives to eliminate the conditions that caused the District to qualify as blighted under the provisions of the Business District Law. At this time it is anticipated that development of the Business District will occur in multiple phases. However, it should not be construed that this Plan is intended to dictate the actual timing of the construction of the various infrastructure and building components. Thus, in the context of this Plan, Projects may entail any of these activities and Developer may mean the developer named herein, the City, other developer(s), or any combination of these entities. GENERAL DESCRIPTION AND LOCATION OF PROPOSED PROJECTS Dolan Commons, LLC (the Developer ) is the developer proposing the redevelopment of the properties within the Business District. The general plan for the development is to renovate the vacant former grocery store building, construct a multi-tenant commercial building, and build a residential building with an appropriate amount of parking space. Below is a general description of the redevelopment project: Renovate/retrofit the vacant former grocery store building into a multi-tenant retail center. Site preparation work and construction of a 6,000 SF multi-tenant commercial building. Construct a multi-story residential building and provide 40,000 SF of ground floor parking space Construct ancillary site improvements including, but not limited to, parking, landscaping, and storm water infrastructure. The estimated total project cost is approximately $11.4 million according to the developer. BUSINESS DISTRICT POLICIES /22/

44 Avenue of the Cities/27 th St. Business District Moline, Illinois It is the intent of this Plan to foster development within the Business District in a manner that is consistent with good urban planning practices, the City s economic development goals and objectives, and all applicable codes and ordinances. The policies as set forth below are established to promote these objectives. Development Agreements or Other Such Instruments In order to ensure that development occurs in a manner consistent with this Plan, the City and the Developer are expected to enter into a development agreement or other such instrument that will establish the terms and conditions under which Business District financial incentives are to be provided. Such instruments may establish, among other things: the development entity to receive the incentives; the public and/or private improvements to be built, and identification of the type and amount of project costs to be reimbursed from Business District sales taxes. It should be noted that the City may enter into multiple development agreements or other such instruments with other developers in order to implement the Business District Plan. Development Policies Development within the Business District should occur in a planned fashion. To this end, this Plan provides the following policy guidelines: Development should take place in a planned scheme that allows for the proper access and circulation. Development should conform to contemporary development standards such as provision of adequate off-street parking and appropriate site landscaping /22/

45 Avenue of the Cities/27 th St. Business District Moline, Illinois Economic Incentives Policies In order to induce private investment in the Business District, the City may provide certain economic incentives to private parties. In providing such incentives, it is not the policy or intent of the City to create an unfair advantage of one business over a like-kind business. Instead, incentives will be used to help make projects feasible by helping to offset extraordinary project costs that may include any costs as permitted in the Law and as cited earlier in this Section. Additional policy guidelines and requirements include the following: 1. The project is consistent with the City s Zoning Ordinance and Comprehensive Plan. 2. All work performed on the subject property shall be in accordance with City codes, and any other applicable State or Federal regulations. 3. At the time of application for economic incentives, all taxes, applicable fees or other debts owed to the State or City by the developer, property owners or tenants are paid up-to-date. 4. Application for economic incentives may only be made by a person or persons having an actual interest in the subject property. This includes the owner of record, beneficial owner of a trust, or a person having made a land purchase offer, which offer has been accepted. 5. Except as may be waived by the City, all economic incentives will be based on a pay-asyou-go basis. In other words, economic incentives will not be provided up front, but instead, on a reimbursement basis from Business District sales tax revenues generated by the applicable businesses on an annual basis. 6. The economic incentives provided for in this Plan are not an entitlement, nor are they to be applied retroactively to development or redevelopment projects undertaken by private parties. The amount and terms of any economic incentives to be provided are determined on a case-by-case basis and shall be subject to an agreement between the City and the private party to be the beneficiary of such economic incentives. BUSINESS DISTRICT PROJECT COSTS The following costs are anticipated to be incurred in implementing the Avenue of the Cities/27 th St. Business District. The Business District projects described above may entail a range of public and private activities and associated costs as provided for in Section of the Business District Law, including without limitation the following: /22/

46 Avenue of the Cities/27 th St. Business District Moline, Illinois (1) costs of studies, surveys, development of plans and specifications, implementation and administration of a business district plan, and personnel and professional service costs including architectural, engineering, legal, marketing, financial, planning, or other professional services, provided that no charges for professional services may be based on a percentage of tax revenues received by the municipality; (2) property assembly costs, including but not limited to, acquisition of land and other real or personal property or rights or interests therein, and specifically including payments to developers or other nongovernmental persons as reimbursement for property assembly costs incurred by that developer or other nongovernmental person; (3) site preparation costs, including but not limited to clearance, demolition or removal of any existing buildings, structures, fixtures, utilities, and improvements and clearing and grading of land; (4) costs of installation, repair, construction, reconstruction, extension, or relocation of public streets, public utilities, and other public site improvements within or without the business district which are essential to the preparation of the business district for use in accordance with the business district plan, and specifically including payments to developers or other nongovernmental persons as reimbursement for site preparation costs incurred by the developer or nongovernmental person; (5) costs of renovation, rehabilitation, reconstruction, relocation, repair, or remodeling of any existing buildings, improvements, and fixtures within the business district, and specifically including payments to developers or other nongovernmental persons as reimbursement for costs incurred by those developers or nongovernmental persons; (6) costs of installation or construction within the business district of buildings, structures, works, streets, improvements, equipment, utilities, or fixtures, and specifically including payments to developers or other nongovernmental persons as reimbursements for such costs incurred by such developer or nongovernmental person; (7) financing costs, including but not limited to all necessary and incidental expenses related to the issuance of obligations, payment of any interest on any obligations issued under this Law that accrues during the estimated period of construction of any development or redevelopment project for which those obligations are issued and for not exceeding 36 months thereafter, and any reasonable reserves related to the issuance of those obligations; and (8) relocation costs to the extent that a municipality determines that relocation costs shall be paid or is required to make payment of relocation costs by federal or State law /22/

47 Avenue of the Cities/27 th St. Business District Moline, Illinois The City intends to provide limited economic development assistance through the funding of certain development costs to be incurred by the Developer, future developer(s), property owner, or business under the terms and conditions of separate development agreements in furtherance of the objectives of this Plan. Economic development assistance may include expenditures for public and private improvements as estimated on Exhibit C Estimated Business District Project Costs below. Description Estimated Cost A. Public Works $50,000 (Construction of streets, utilities, and other public improvements) B. Construction of Buildings & Other Site Improvements $200,000 C. Site Preparation $50,000 D. Building Renovation, Repair & Retrofit $650,000 E. Planning, Legal & Professional Services $10,000 F. General Administration $50,000 G. Relocation Costs $10,000 H. Financing Costs See Note 3 I. Contingency $100,000 Total Estimated Costs $1,120,000 Notes: 1. All costs shown are in 2016 dollars. Exhibit B ESTIMATED BUSINESS DISTRICT PROJECT COSTS Avenue of the Cities/27th Street Business District City of Moline, Illinois 2. Adjustments may be made among line items within the budget to reflect program implementation experience. 3. Municipal financing costs such as interest expense, capitalized interest and cost of issuance of obligations are not quantified herein. These costs are subject to prevailing market conditions and will be considered part of the total business district project cost if and when such financing costs are incurred. 4. Private redevelopment costs and investment are in addition to the above. 5. The total estimated business district project costs shall not be increased by more than 5% after adjustment for inflation from the date of the Business District Plan was approved, per subsection (f) of the Business District Law. Exhibit C should not be construed to limit the ability of the City to enter into development agreements, which provide for other costs, additional costs, or a different distribution of these costs among the various line items. Specific limitations on such cost items and any /22/

48 Avenue of the Cities/27 th St. Business District Moline, Illinois distribution between them will be specified in development agreements by and between the City and any developer(s), property owner, or business tenant. SOURCES OF FUNDS TO PAY BUSINESS DISTRICT PROJECT COSTS A portion of the funds necessary to pay for Business District project costs are to be derived from the following Business District Sales Taxes in accordance with Section (10) of the Business District Law: retailers' occupation tax and a service occupation tax in the business district for the planning, execution, and implementation of business district plans and to pay for business district project costs These taxes are to be imposed at the rates specified below pursuant to the definitions in Section of the Business District Law as follows: (b) a Business District Retailers' Occupation Tax levied upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State's government, and at retail in the business district at a rate of 1.0% of the gross receipts from the sales made in the course of such business The tax may not be imposed on food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics, for human use. (c) a Business District Service Occupation Tax shall also be imposed upon all persons engaged, in the business district, in the business of making sales of service, who, as an incident to making those sales of service, transfer tangible personal property within the business district, either in the form of tangible personal property or in the form of real estate as an incident to a sale of service. The tax shall be imposed at the same rate as the Business District Retailers' Occupation Tax, a rate of 1.0% of the selling price of tangible personal property so transferred within the business district, The tax may not be imposed on food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics, for human use /22/

49 Avenue of the Cities/27 th St. Business District Moline, Illinois The City shall deposit the proceeds of the above described taxes imposed into a special fund of the City named the Avenue of the Cities/27 th St. Business District Tax Allocation Fund. Other sources of funds that may be used to pay the costs of implementation of the Business District objectives include: Private capital which is available to the Developer through its own cash reserves or financing entities; Improvements funded by third party tenants; and Other sources of public financing that may be identified at such time in the future to fund project costs. The City may issue obligations secured by the Business District Tax Allocation Fund to provide for the payment of Business District project costs. Those obligations, if so issued, shall be retired in the manor provided in the ordinance authorizing the issuance of those obligations and shall be for a term not later than 20 years after the date of issue or the dissolution date of the Business District, whichever is earlier /22/

50 Avenue of the Cities/27 th St. Business District Moline, Illinois SECTION 4 FINDINGS AND AMENDMENTS TO THE BUSINESS DISTRICT PLAN ESTABLISHMENT AND TERM OF THE BUSINESS DISTRICT The establishment of the Business District shall become effective upon adoption of an ordinance by the City Council adopting this Plan. The Business District shall expire in accordance with the provisions of the Business District Law in Section (f) that states: When business district project costs, including, without limitation, all obligations paying or reimbursing business district project costs have been paid, any surplus funds then remaining in the Business District Tax Allocation Fund shall be distributed to the municipal treasurer for deposit into the general corporate fund of the municipality. Upon payment of all business district project costs and retirement of all obligations paying or reimbursing business district project costs, but in no event more than 23 years after the date of adoption of the ordinance imposing taxes pursuant to subsection (10) or (11) of Section , the municipality shall adopt an ordinance immediately rescinding the taxes imposed pursuant to subsection (10) or (11) of Section FINDINGS OF THE PLAN The City hereby finds and determines as follows: 1. This Plan constitutes a specific plan for a business district named the Avenue of the Cities/27 th St. Business District in the City of Moline, Rock Island County, Illinois. 2. The designation of the Business District as identified in this Plan and the boundaries thereof delineated on Exhibit A Business District Boundary, and as described the boundary description contained in the Appendix, will assure opportunities for development and attraction of quality commercial growth to the City. 3. The Business District is contiguous and includes only parcels of real property directly and substantially benefited by this Plan. 4. The City s exercise of the powers provided in the Business District Law is dedicated to the promotion of the public interest and to the enhancement of the tax base of the Business /22/

51 Avenue of the Cities/27 th St. Business District Moline, Illinois District, and the use of the powers for the development and redevelopment of the Business District as provided in this Plan is declared to be a public use essential to the public interest of the residents of the City of Moline, Rock Island County, Illinois. 5. The Business District qualifies as a blighted area because the District represents a portion of the City, which by reason of significantly deteriorated site improvements constitutes an economic liability and an economic underutilization of the area. 6. The Business District on the whole has not been subject to growth and development through investment by private enterprises and would not reasonably be anticipated to be developed or redeveloped without the adoption of this Business District Plan. The Developer has stated that the projects will not take place absent the establishment of the Business District and using Business District sales tax revenue to reimburse the Developer for certain Business District project costs. 7. The Business District Plan conforms to the City of Moline s Comprehensive Plan. PLAN AMENDMENTS The procedure for amending this Plan shall also be in conformance with the provisions of the Business District Law /22/

52 Avenue of the Cities/27 th St. Business District Moline, Illinois APPENDIX /22/2016

53 Avenue of the Cities/27 th St. Business District Moline, Illinois Attachment A BOUNDARY DESCRIPTION AVENUE OF THE CITIES/27 TH ST. BUSINESS DISTRICT /22/2016

54 Avenue of the Cities/27 th St. Business District Moline, Illinois Attachment B PHOTOGRAPHS OF EXISTING CONDITIONS AVENUE OF THE CITIES/27 TH ST. BUSINESS DISTRICT /22/2016

55 PHOTOGRAPHS OF EXISTING CONDITIONS Moline, Illinois Proposed Avenue of the Cities / 27th St. Business District On October 25th, 2016 PGAV PLANNERS staff conducted a field review of the properties and improvements located inside the Proposed Avenue of the Cities / 27th St. Business District (the Area ). The following pages contain a series of photographs taken on these dates, which PGAV PLANNERS believes to be representative of the conditions of the Area. Below: The images displayed on this page are of the parking lot located on parcel along 27th Street. This deteriorated parking lot has alligator surface cracking and several very large pot holes. Photos taken 10/25/2016 1

56 PHOTOGRAPHS OF EXISTING CONDITIONS Proposed Avenue of the Cities / 27th St. Business District Left: Trash and debris to the rear of 2727 Avenue of the Cities. Right: The former grocery store located at 2727 Avenue of the Cities is vacant. Left & Right: Dislodged curb stops have exposed rebar sticking up out of the pavement. This presents an unsafe condition for pedestrians or automotive traffic on the property. Left: The metal rail protecting the gas meter at 2727 Avenue of the Cities is corroded and rusted. Right: The mortar on the rear wall of the vacant grocery store is in need of repair. Photos taken 10/25/ Moline, Illinois

57 PHOTOGRAPHS OF EXISTING CONDITIONS Proposed Avenue of the Cities / 27th St. Business District Left & Right: The wood siding on the rear loading area of the vacant grocery store is deteriorated. Left & Right: Curb stops at 2727 Avenue of the Cities are deteriorated. Left: The utility pole on the rear of 2727 Avenue of the Cities is leaning significantly. Right: An exposed wire inside of the vacant grocery store has not been properly capped. Photos taken 10/25/ Moline, Illinois

58 PHOTOGRAPHS OF EXISTING CONDITIONS Proposed Avenue of the Cities / 27th St. Business District This page contains pictures of interior water damage, and mold growth, on the ceiling and walls of the vacant grocery store. Photos taken 10/25/ Moline, Illinois

59 PHOTOGRAPHS OF EXISTING CONDITIONS Proposed Avenue of the Cities / 27th St. Business District Moline, Illinois This page contains pictures of interior water damage to the floors of the vacant grocery store. Photos taken 10/25/2016 5