Rock Island Today

The Moline City Council met Nov. 1 to execute an intergovernmental agreement.

Here are the meeting's minutes, as provided by the council:

--- "MOLINE CITY COUNCIL AGENDA\r\nTuesday, November 1, 2016\r\n6:30 p.m.\r\n(Immediately

following the Committee-of-the-Whole meeting)\r\nCity Hall\r\nCouncil Chambers –

2nd Floor\r\n619 16th Street\r\nMoline, IL\r\nCall to Order\r\nPledge of Allegiance\r\nInvocation

– Alderman Wendt\r\nRoll Call\r\nConsent Agenda\r\nAll items under the consent agenda

will be enacted by one motion. There will\r\nbe no separate discussions of these

items unless a Council Member so\r\nrequests, in which case, the item will be moved

from the Consent Agenda and\r\nconsidered as the first item after the Omnibus Vote.\r\nApproval

of Minutes & Appointments Made\r\nCommittee of the Whole and Council meeting minutes

of October 25, 2016 and appointments made during\r\nCommittee of the Whole on November

1, 2016.\r\nResolutions\r\n1. Council Bill/Resolution 1149-2016\r\nA Resolution

authorizing the Mayor and City Clerk to execute an Intergovernmental Agreement with

the\r\nCity of East Moline, Illinois; and authorizing City staff to do all things

necessary to effectuate the terms\r\nof the Agreement contained therein.\r\nExplanation:

The City of Moline “City” is a home rule unit pursuant to Article VII, Section 6,

of the Illinois\r\nConstitution of 1970. The City of East Moline “East Moline” is

a non-home rule unit. There is a real estate\r\ndevelopment occurring along the

City and East Moline border located at 5320 22nd Avenue, Moline, Illinois.\r\nProviding

municipal services to said real estate is complicated and made difficult by its

location on the border\r\nof the two cities. City staff and East Moline have determined

that it would be in the best interest of the property\r\nowner for the City and

East Moline to cooperate in providing certain municipal services to said real estate.\r\nIntergovernmental

cooperation between units of local government to contract, further combine, or transfer

a\r\nlawful power or function in any manner not prohibited by law or ordinance is

authorized by Article VII, Section\r\n10, of the Illinois Constitution of 1970.

The Illinois General Assembly, in order to implement Article VII,\r\nSection 10,

of the Illinois Constitution of 1970, adopted the Intergovernmental Cooperation

Act (501 ILCS\r\n605/1, et seq.). City staff and East Moline wish to participate

in this Intergovernmental Agreement for the\r\nfollowing public purposes, which

purposes shall include, without limitation, the development of the community\r\nand

the general business base, the general public benefit, including the improvement

of the health, safety and\r\nwelfare of the City and its residents. Specifically,

the City of Moline will provide the water utility service to the\r\nproperty, and

the City of East Moline will provide the sewer utility service. The actions of the

City and East\r\nMoline are intended to provide an impetus to economic development.

All aspects of the Intergovernmental\r\nAgreement are designed and intended to enhance

the public health, safety and welfare, as related to both cities\r\nand their residents.

Additional documentation attached.\r\nFiscal Impact: N/A\r\nPublic Notice/Recording:

N/A\r\nCOUNCIL\r\nMEMBER PRESENT ABSENT\r\nRodriguez\r\nParker\r\nWendt\r\nZelnio\r\nTurner\r\nSchoonmaker\r\nWaldron\r\nAcri\r\nMayor

Raes \r\n2. Council Bill/Resolution 1150-2016\r\nA Resolution supporting a grant

application to the Illinois Housing Development Authority for the\r\nIllinois Affordable

Housing Trust Fund Single Family Rehabilitation Program in the amount of\r\n$920,000;

and Authorizing the City and staff to do any and all things necessary to apply for

the Illinois\r\nAffordable Housing Trust Fund Single Family Rehabilitation Program

Grant.\r\nExplanation: The City has a list of 94 households waiting to participate

in the Community Housing Services\r\nProgram, and 104 applications were also mailed

out to prospective applicants to the Program this summer,\r\nwhich demonstrates

the need for additional resources for owner-occupied housing rehabilitation in the

City. The\r\nIllinois Affordable Housing Trust Fund Single Family Rehabilitation

Program (SFR) will assist low-income and\r\nvery low-income homeowners with repairs

to their homes and will also remove health and safety hazards by\r\nrepairing or

replacing costly maintenance items. The City is requesting $920,000 for the SFR.

Each eligible\r\nproperty would receive assistance up to a maximum of $45,000. Additional

documentation attached.\r\nFiscal Impact: +$920,000\r\nPublic Notice/Recording:

N/A\r\n3. Council Bill/Resolution 1151-2016\r\nA Resolution authorizing the Mayor

to sign a Uniform Application for State Grant Assistance for a grant\r\nrequest

to the Illinois Department of Transportation to fund the Avenue of the Cities Corridor

Plan\r\nproject.\r\nExplanation: In an effort to further the City Council’s priority

of developing an Avenue of the Cities Corridor\r\nPlan, staff previously submitted

a request for funding to Illinois Department of Transportation (IDOT) for the\r\nAvenue

of the Cities Corridor Plan project. Staff was recently made aware by IDOT that

the project is in\r\nIDOT’s current work plan, but as the state is implementing

the new Grant Accountability and Transparency Act\r\n(GATA) there are forms that

the City is obliged to complete and submit in order to be formally considered for\r\nproject

funding. One of these forms is the above-mentioned Uniform Application for State

Grant Assistance,\r\nwhich requires an authorized individual to sign the form on

behalf of the City. Approval of a Resolution related\r\nto this request would authorize

the Mayor to sign said form and allow IDOT\r\nto prepare an Intergovernmental Grant

Agreement for the City Council’s\r\nconsideration. Additional documentation attached.\r\nFiscal

Impact: Potential grant funds to address a City Council\r\nPriority\r\nPublic Notice/Recording:

N/A\r\nOmnibus Vote\r\nNon - Consent Agenda\r\nResolutions\r\n4. Council Bill/Resolution

1152-2016\r\nA Resolution directing that certain wage increases as identified herein

be subject to review in Executive\r\nSession prior to approval.\r\nExplanation:

In an effort to keep the City Council better informed regarding employee wage increases

and to\r\nensure that the City remains fiscally sound, the Council requests that

the following wage increases be subject to\r\nreview in Executive Session prior

to approval:\r\n? for union employees, any employee wage increase that would exceed\r\nthe

employee’s union’s current negotiated increase amounts for\r\ngeneral wage and anniversary

increases; and\r\n? for non-union employees, any employee wage increase that would\r\nexceed

the average of the four unions’ current negotiated increase\r\namounts for general

wage and anniversary increases; and\r\n? for an employee subject to a promotional

wage increase, any\r\nemployee wage increase that would exceed what is permitted

by the\r\nMoline Code of Ordinances.\r\nOMNIBUS VOTE\r\nCouncil\r\nMember Aye Nay\r\nWendt\r\nZelnio\r\nTurner\r\nSchoonmaker\r\nWaldron\r\nAcri\r\nRodriguez\r\nParker\r\nMayor

Raes\r\n1152-2016\r\nCouncil\r\nMember Aye Nay\r\nWendt\r\nZelnio\r\nTurner\r\nSchoonmaker\r\nWaldron\r\nAcri\r\nRodriguez\r\nParker\r\nMayor

Raes \r\nThe wage increase reviews in Executive Session shall include the City Council,

the Human Resources Manager,\r\nthe Finance Director, and the affected employee’s

department director.\r\nFiscal Impact: N/A\r\nPublic Notice/Recording: N/A\r\nFirst

Reading Ordinances\r\n5. Council Bill/General Ordinance 3028-2016\r\nAn Ordinance

amending Chapter 20, “MOTOR VEHICLES AND TRAFFIC,” of the Moline Code of\r\nOrdinances,

Section 20-5102, “IMPROPER PARKING PURPOSES,” by enacting one new subsection (d)\r\npertaining

to parking of vehicles with expired registrations; and Section 20-5120(b)(2), by

repealing\r\nsubsection (b)(2) in its entirety and enacting in lieu thereof one

new subsection (b)(2) dealing with the\r\nsame subject matter.\r\nExplanation: City

staff seeks to amend Chapter 20, “MOTOR VEHICLES AND TRAFFIC,” of the Moline\r\nCode

of Ordinances concerning the parking of any motor vehicle with an expired registration.

Said amendment\r\nwill provide the City of Moline with an additional enforcement

method. Said amendment will align the Moline\r\nCode of Ordinances with the applicable

state laws.\r\nFiscal Impact: N/A\r\nPublic Notice/Recording: Pamphlet Publication\r\n6.

Council Bill/Special Ordinance 4056-2016\r\nA Special Ordinance closing certain

streets more particularly described herein to vehicular traffic and\r\nauthorizing

the use of public right-of-way in conjunction with the Lighting on the Commons scheduled\r\nfor

Saturday, November 19, 2016.\r\nExplanation: This is an annual event and has been

approved by the Special Event Committee.\r\nFiscal Impact: N/A\r\nPublic Notice/Recording:

N/A\r\n7. Council Bill/Special Ordinance 4057-2016\r\nA Special Ordinance authorizing

the Mayor and City Clerk to execute a Development and Economic\r\nIncentive Agreement

between the City of Moline and Divvymed, LLC, d/b/a divvyDOSE for the\r\ndevelopment

project and to execute any necessary agreements referenced therein, and authorizing

all\r\nappropriate City officers and staff to do all things necessary to complete

each of the City’s responsibilities\r\npursuant to said agreement.\r\nExplanation:

Divvymed, LLC, d/b/a divvyDOSE seeks to enter into a Development and Economic Incentive\r\nAgreement

with the City to facilitate redevelopment of the property located at 3800 Avenue

of the Cities\r\n(Property). The Developer is the contract lessee of the Property

and is intending to occupy between 40,000–\r\n79,860 sq ft of the available 90,455

sq ft of the office building. The City wishes to support the redevelopment\r\nby

granting certain incentives. Additional documentation attached.\r\nFiscal Impact:

N/A\r\nPublic Notice/Recording: N/A\r\nMiscellaneous Business (if necessary)\r\nPublic

Comment\r\nMembers of the Public are permitted to speak after coming to the podium

and stating their name.\r\nExecutive Session (if necessary)\r\nCouncil Bill/Resolution

No. 1149-2016\r\nSponsor:\r\nA RESOLUTION\r\nAUTHORIZING the Mayor and City Clerk

to execute an Intergovernmental Agreement\r\nwith the City of East Moline, Illinois;

and\r\nAUTHORIZING City staff to do all things necessary to effectuate the terms

of the\r\nAgreement contained therein.\r\n_________________________\r\n\r\nWHEREAS,

the City of Moline “City” is a home rule unit pursuant to Article VII,\r\nSection

6, of the Illinois Constitution of 1970; and\r\nWHEREAS, the City of East Moline

“East Moline” is a non-home rule unit; and\r\nWHEREAS, there is a real estate development

occurring along the City and East Moline\r\nborder located at 5320 22nd Avenue,

Moline, Illinois; and\r\nWHEREAS, providing municipal services to said real estate

is complicated and made\r\ndifficult by its location on the border of the two cities;

and\r\nWHEREAS, City staff and East Moline have determined that it would be in the

best\r\ninterest of the property owner for the City and East Moline to cooperate

in providing certain\r\nmunicipal services to said real estate; and\r\nWHEREAS,

intergovernmental cooperation between units of local government to\r\ncontract,

further combine, or transfer a lawful power or function in any manner not prohibited

by\r\nlaw or ordinance is authorized by Article VII, Section 10, of the Illinois

Constitution of 1970;\r\nand\r\nWHEREAS, the Illinois General Assembly, in order

to implement Article VII, Section\r\n10, of the Illinois Constitution of 1970, adopted

the Intergovernmental Cooperation Act (501\r\nILCS 605/1, et seq.); and\r\nWHEREAS,

City staff and East Moline wish to participate in this Intergovernmental\r\nAgreement

for the following public purposes, which purposes shall include, without limitation,\r\nthe

development of the community and the general business base, the general public benefit,\r\nincluding

the improvement of the health, safety and welfare of the City and its residents;

and\r\nWHEREAS, the actions of the City and East Moline are intended to provide

an impetus\r\nto economic development; and\r\nWHEREAS, all aspects of the Intergovernmental

Agreement are designed and intended\r\nto enhance the public health, safety and

welfare, as related to both cities and their residents.\r\nCouncil Bill/Resolution

No. 1149-2016\r\nPage 2 of 2\r\nNOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL

OF THE CITY OF\r\nMOLINE, ILLINOIS, as follows:\r\nThat the Mayor and City Clerk

are hereby authorized to execute an Intergovernmental\r\nAgreement with the City

of East Moline, and that staff is authorized to do all things necessary to\r\neffectuate

the terms of the Agreement contained therein; provided, however, that said Agreement\r\nis

in substantially similar form and content to that attached hereto and incorporated

herein by this\r\nreference thereto as Exhibit A and has been approved as to form

by the City Attorney.\r\n\r\nCITY OF MOLINE, ILLINOIS\r\n\r\n Mayor\r\n October

25, 2016\r\nDate\r\nPassed: October 25, 2016\r\nApproved: November 1, 2016\r\nAttest:\r\n

City Clerk\r\nApproved as to Form:\r\n\r\nCity Attorney\r\nExhibit A\r\nmTERGOVERNMENTALAGREEMENT\r\n~l-

1.-r-, / THIS AGREEMENT, made and entered into this Lfday Of u/,Ld.'<%, , 2016,

by and between\r\nthe City of East Moline, Illinois, a municipal corporation, hereinafter

referred to as \"East\r\nMoline\", and City of Moline, Illinois, a municipal corporation,

hereinafter referred to as\r\n\"Moline\",\r\nRECITALS\r\nWHEREAS, the City of Moline

is a home rule unit pursuant to Article VII, Section 6 of the\r\nIllinois Constitution

of 1970; and\r\nWHEREAS, the City of East Moline is a non-home rule unit; and\r\nWHEREAS,

there is a real estate development occurring along the Moline and East Moline\r\nborder

located at 5320 22\"d Ave. Moline, Illinois; and\r\nWHEREAS, providing municipal

services to said real estate is complicated and made difficult by\r\nits location

on the border of the two cities; and\r\nWHEREAS, the City Councils for East Moline

and for Moline have determined that it would be\r\nin the best interest of the property

owner for East Moline and Moline to cooperate in providing\r\ncertain municipal

services to said real estate, and\r\nWHEREAS, intergovernmental cooperation betwee~

units oflocal government to contract,\r\nfurther combine, or transfer a lawful power

or function in any manner not prohibited by law or\r\nordinance is authorized by

Article VII, Section 10 of the Illinois Constitution of 1970; and\r\nWHEREAS, the

Illinois General Assembly, in order to implement Article vr, Section 10 of the\r\nIllinois

Constitution of 1970, adopted the Intergovernmental Cooperation Act (50 I ILCS 60511\r\net

seq.); and\r\nWHEREAS, the Cities wish to participate in this Intergovernmental

Agreement for the following\r\npublic purposes, which purposes shall include, without

limitation, the development of the\r\ncommunity and the general business base, the

general public benefit, including the improvement\r\nof the health, safety and welfare

of the City and its residents; and\r\nWHEREAS, the action of the cities herein is

intended to provide an impetus to economic\r\ndevelopment; and\r\nWHEREAS, all aspects

of this Agreement are designed and intended to enhance the public\r\nhealth, safety,

and welfare, as related to the Cities and its' residents.\r\nNOW. THEREFORE, in

the spirit of comity, and pursuant to the appropriate constitutional and\r\nstatutory

provisions: \r\nExhibit A\r\nI. Purpose and Objectives: The property located at

5320 22nd Avenue and legally\r\ndescribed in Exhibit \"A\", which is attached hereto

and incorporated herein by reference, is\r\nwithin the boundary of the City of Moline

(hereinafter referred to as \"5320 22nd Ave.\") but the\r\neast property line is

the common boundary between Moline and East Moline. Having the shared\r\nborder

makes it such that provision of municipal services cannot efficiently honor the

political\r\nboundary. To efficiently provide service, Moline and East Moline have

determined that the\r\nprovision of sewer and water facilities (hereinafter referred

to as \"municipal services\") to 5320\r\n22nd Ave. should be provided in the manner

hereinafter set forth.\r\nTherefore, the main purpose and objective of this agreement

is to provide a method for\r\nproviding municipal services according to distinct

geographical unit rather than distinct political\r\nunits and to provide for the

provision of such municipal services.\r\nII. Term of Agreement: The term of this

agreement shall commence on the date hereinabove\r\nset forth and continue in full

force and effect indefinitely unless terminated by either of the\r\nparties hereto

by giving at least one (I) years notice, in writing, to the other party of its intent

to\r\nterminate this Agreement.\r\nIII. Water Service: Moline agrees to provide

water utility to 5320 22nd Ave. and shall do so\r\npursuant to all applicable federal

and state laws and regulations, and city ordinances.\r\nIV. Sewer Service:\r\nA.

East Moline agrees to provide sewer utility service to 5320 22nd Avenue, Moline.\r\nIllinois

and shall do so pursuant to all applicable federal and state laws and regulations,

and\r\npursuant to East Moline city ordinances.\r\nB. The City of Moline grants

a license to East Moline for use of Moline right of way\r\nfor installation, operation,

and maintenance of the sewer utility mains, lateral lines, facilities, and\r\nall

appurtenances thereto, which area is more particularly described as:\r\nAll of that

part of the right of way of 22nd A venue lying northerly of the eXlstmg\r\npavement

of said 22nd Avenue; bounded on the east by the east line of the property\r\nlocated

at 5320 22nd Avenue, Moline, Illinois, extended northerly; and bounded on the\r\nwest

by west line of the property located at 5320 22nd Avenue, Moline, Illinois, extended\r\nnortherly.\r\nFor

reference, the property located 5320 22nd Avenue, Moline, Illinois is as described

in a\r\ndeed recorded as Document No. 2015-21758 at the office of the Recorder for

Rock Island\r\nCounty, Illinois, and as described in Exhibit \"A\" attached to this

Agreement.\r\nC. East Moline, as owner of the sewer utility mains, facilities. and

appurtenances\r\nthereto and collecting the revenue from the usage thereof shall

have the responsibility to operate\r\nand maintain same in accordance with the following:

\r\nExhibit A\r\nI. no work shall be performed within Moline's right-of-way without

a permit, if\r\nrequired by Moline, however, no fee for such permit shall be charged

or collected;\r\n2. no permit shall be required for emergency repairs; however notification

shall be\r\nmade the following business day;\r\n3. all work done within Moline's

right of way shall be perfonned in accordance with\r\nstandards for Moline's public

works except for that part of the work actually done\r\nto sewer mains, facilities,

laterals and appurtenances; i.e. pavement patch\r\nstandards, barricading standards,

lateral support standards, and other standards\r\naffecting the condition of the

right of way or easements or the safety of persons\r\nusing same; and\r\n4. East

Moline shall notify, in writing, the Moline Plumbing Inspector of the\r\napplication

for sewer connection and the parties shall require that the person\r\nmaking such

connection maintain the connection in an uncovered state until both\r\nMoline and

East Moline have approved.\r\nD. In addition, Moline may, by giving thirty (30)

days written notice, require East\r\nMoline to repair and/or correct any defective

condition in same within fifteen (15) days from\r\nexpiration of said written notice;

in situations demanding emergency repair the period shall be\r\nshortened to five

(5) business days after receipt of written notice. Failure of East Moline to repair\r\nand/or

correct any defective condition within the time prescribed shall entitle Moline

to make\r\nsuch repair or correction and bill East Moline for the actual cost of

same.\r\nE. It is the parties understanding that the Owner of 5320 22nd Avenue will

be\r\nresponsible for any and all maintenance of the private sewer line on its property

and as said line\r\ncrosses Moline right of way, and for all maintenance of the

line up to the point where said\r\nprivate sewer line connects with the East Moline

sewer manhole located on the northern side of\r\nthe 22nd Avenue right of way. Moline

and the owner of5320 22nd Avenue shall enter into a\r\nlicensing agreement to govern

such use of right of way.\r\nV. Sewer Billing:\r\nA. The sewer use charge is based

upon water usage and because sewer utility service is to\r\nbe provided by East

Moline and water utility service is to be provided by Moline, Moline shall\r\ninstall

its water meter on the property and have the following responsibilities:\r\nI. to

read the water meter or to estimate water usage as provided for by the\r\nordinances

or rules of Moline;\r\n2. handle the processing of, mailing of, and collecting payment

on the water\r\nusage bill, along with any stormwater utility fees, and any sanitation

fees; and\r\n3. provide a statement to East Moline of Moline's most recent water

reading or\r\nthe estimated usage, which readings are currently done quarterly.

\r\nExhibit A\r\nB. Moline will send statements of water readings or estimated usages

to East Moline.\r\nC. East Moline shall be responsible for the processing of, mailing

of, and collecting\r\npayment on the sewer usage bill only.\r\nD. East Moline may

elect to purchase and install its own meter at 5320 22nd Ave. so that\r\nit may

make its own meter readings. Said election shall be made in writing and shall be

provided\r\nto Moline. If the election is made, then Moline's responsibilities set

forth in subparagraph A of\r\nthis section shall cease as of the date of receipt

of said election. However, Moline will, in all\r\ninstances, maintain its water

meter on the property because it shall continue to provide the water\r\nutility

service.\r\nE. East Moline shall charge its rate for sewer usage under this Agreement.\r\nVI.

This agreement does not cancel, revise or reform said mutual aid agreement and shall

be\r\nconsidered only supplemental to said mutual aid agreement.\r\nVII. Employee

status: Employees of East Moline, while engaged in the performance of the\r\nabove

services within the city of Moline shall continue to be employees of the city of

East\r\nMoline, and the city of East Moline shall be responsible for all pay and

other forms of\r\ncompensation provided such employees and shall be responsible

under the worker's\r\ncompensation act of the state oflllinois or similar laws for

any compensable injury to such\r\nemployees under said act, and hereby agrees to

hold Moline harmless form any claim ofliability\r\nmade by an employee of East Moline

under said law.\r\nVlIl. Public Liability:\r\nA. Moline agrees to hold East Moline

harmless for any claim, cause of action, suit at law\r\nor equity, or other reason

for liability howsoever named arising out of Moline's negligence or that\r\nof its

officer, employees or agents. This provision to hold harmless for certain activities

shall\r\ninclude the cost of investigation of, preparation for and defense against

any or all claims of\r\nliability howsoever named and shall include reasonable attorney's

fee.\r\nB. East Moline agrees to hold Moline harmless for any claim, cause of action,

suit at law\r\nor equity, or other reason for liability howsoever named arising

out of East Moline 's negligence\r\nor that of its officers, employees, agents,

or contractors. This provision to hold harmless for\r\ncertain activities shall

include the cost of investigation of, preparation for and defense against\r\nany

or all claims ofliability howsoever named and shall include reasonable attorney's

fee.\r\nIX. Notice: All written notices provided for by this agreement shall be

mailed postage\r\nprepaid to the following address:\r\nSewer Service\r\nMOLINE\r\nUtilities

Manager\r\n30 18th Street\r\nMoline, IL 61265\r\nEAST MOLINE\r\nCity Administrator\r\n915

16th Avenue\r\nEast Moline, IL 61244 \r\nExhibit A\r\nWater Service\r\nMOLINE\r\nSuperintendent\r\nWater

Treatment Plant\r\n30 18th Street\r\nEAST MOLINE\r\nCity Administrator\r\n915 16th

Avenue\r\nMoline, IL 61265 East Moline, IL 61244\r\nIn addition, a copy of such

notice shall be provided to the City Administrator of East Moline, the\r\nCity Administrator

of Moline, and the Director of Engineering of Moline; however, proof of\r\nreceipt

of those listed by address is sufficient proof of service.\r\nIN WITNESS WHEREOF,

Moline and East Moline have caussd-their duly authorized agents to\r\nsign and seal

this document as of the day and year first above·written.\r\nCITY OF MOLINE, ILLINOIS\r\nA

Municipal Corporation\r\nMayor\r\nAttest: -=_=--:-_____ _ City Clerk\r\nApproved

as to form:\r\nCity Attorney\r\nCITY klF. ¢.ST MOLINE, ILLINOIS\r\nA MuAi jalCorporation

\r\nExhibit A\r\nExhibit\" A\"\r\nLegal Description\r\nThat certain tract of parcel

ofland situated in the East Half of the Southwest Quarter (SW 1.) of\r\nSection

Number Two (2) in Township Number Seventeen (17) North, Range Number One (I)\r\nWest

of the Fourth Principal Meridian, bounded and described as follows, to-wit: Commencing\r\nat

a stone at the Southeast comer of the Southwest Quarter of said Section Number Two(2)\r\nthence

running West along the South line of said Southwest Quarter 563.8 feet to an iron

stake;\r\nthence running North 2016.72 feet to the center of Colona Road for a place

of beginning being\r\nthe Northeast comer of the tract herby conveyed, thence running

in a Southwesterly direction\r\nalong the center of Colona Road 244.5 feet; thence

running South 563.28 feet to an iron stake;\r\nthence running East 233.4 feet, thence

running North 634.1 feet to the place of beginning,\r\nexcepting and reserving a

right of way over the East Ten (10) feet thereof, also excepting also\r\nmuch dedicated

for road purposes conveyed by deed recorded in Book 219 of Deeds, page 237\r\nNo.

218557 in the Office of the Recorder of Deeds in and for Rock Island County, Illinois,

and\r\nsubject to the rights and the Public in the South Half of said Colona Road,

situated in Rock\r\nIsland County in the State of Illinois,\r\nEXCEPT that part

dedicated to the People of the State of Illinois shown in Dedication Of Right\r\nOf

Way For A Freeway filed December 5, 1956 as Document No. 505252 in Book 508 at Page\r\n250

and described as follows:\r\nA tract ofland in the E y, of the SW V. of Section

2, Tl7N, RI W of the 4th P.M. lying between\r\nthe present northerly-right of way

line of a highway designated Slate Bond Issue Route 80 alld a\r\nnew right of way

line for said Route 80 which line is northerly of, seventy five (75) feet\r\nperpendicularly

distant from and parallel with the survey line for said Route 80 and extends\r\nbetween

two property lines which, extended, intersect said survey line at Station 3575+76

and\r\n3578+00.\r\nSaid survey line is divided into stations one hundred (100) feet

in length numbered in increasing\r\nnumerical order toward the west and is fixed

by and may be retraced from references and data\r\nshown on the attached plat, containing

0.18 acres, more or less.\r\nSituated in the County of Rock Island and State of

Iliinois.\r\nAddress: 5320 22nd Ave., Moline, IL\r\nTax Parcel No. 07-51 \r\nCouncil

Bill/Resolution No. 1150-2016\r\nSponsor:\r\nA RESOLUTION\r\nSUPPORTING a grant

application to the Illinois Housing Development Authority for the\r\nIllinois Affordable

Housing Trust Fund Single Family Rehabilitation Program\r\nin the amount of $920,000;

and\r\nAUTHORIZING the City and staff to do any and all things necessary to apply

for the Illinois\r\nAffordable Housing Trust Fund Single Family Rehabilitation Program

Grant.\r\n___________________________\r\nWHEREAS, due to the age of the City’s housing

stock, a large percentage of the homes\r\nrequire rehabilitation and repair/maintenance;

and\r\nWHEREAS, the City has a list of 95 households waiting to participate in the

Community\r\nHousing Services Program, which demonstrates need for additional resources

for owner-occupied\r\nhousing rehabilitation in the City and neighboring communities;

and\r\nWHEREAS, the Illinois Affordable Housing Trust Fund Single Family Rehabilitation\r\nProgram

(SFR) will assist low-income and very low-income homeowners with repairs to their

homes\r\nand will also remove health and safety hazards by repairing replacing costly

maintenance items; and\r\nWHEREAS, the City will apply for 20 units with a maximum

amount per home of $45,000,\r\nsecured to the property as a forgivable loan with

a 5-year recapture agreement; and\r\nWHEREAS, eligible properties must be an existing

residential property which is\r\nindependent, privately-owned, and non-institutional

to be used as owner’s primary residence and not\r\nan income property to add stability

to the surrounding neighborhood.\r\nNOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL

OF THE CITY OF MOLINE,\r\nILLINOIS, as follows:\r\nThat the Department of Planning

& Development is hereby authorized to make application to\r\nthe Illinois Housing

Development Authority for the Illinois Affordable Housing Trust Fund Single\r\nFamily

Rehabilitation Program in the amount of $920,000 for the City.\r\nBE IT FURTHER

RESOLVED that the City and staff are hereby authorized to do any and all\r\nthings

necessary to apply for the Illinois Affordable Housing Trust Fund Single Family\r\nRehabilitation

Program Grant. \r\nCouncil Bill/Resolution No. 1150-2016\r\nSponsor:\r\nPage 2 of

2\r\n CITY OF MOLINE\r\n\r\n Mayor\r\n November 1, 2016\r\nDate\r\nPassed: November

1, 2016\r\nApproved: November 8, 2016\r\nAttest:\r\n City Clerk\r\nAPPROVED AS TO

FORM:\r\n\r\nCity Attorney \r\n25\r\nStandard Requirements and Certifications\r\nEvery

grantee under the program will be required to comply with these certifications and\r\nrequirements:\r\n1.

Applicant certifies that all statements herein are true, accurate, and complete;\r\n2.

Applicant is an eligible recipient of grant funds based on Section 360.103 of the

Program\r\nRules;\r\n3. Applicant will not permit any discrimination on the basis

of gender, race, religion,\r\nnational origin, ancestry, creed, pregnancy, marital

or parental status, sexual\r\norientation, or physical, mental, emotional or learning

disability in connection with its\r\nparticipation in the Program;\r\n4. Applicant

will ensure expenditures of grant funds are for eligible uses under the\r\nProgram;\r\n5.

Applicant will maintain records in connection with administration of the Program

for\r\nfive years after the date of termination of the Commitment;\r\n6. Applicant

will comply with the terms and conditions of the Program;\r\n7. Applicant will comply

with monitoring and evaluation of the Program through the full\r\nCommitment period;\r\n8.

Applicant will comply with all prevailing wage requirements;\r\n9. Applicant will

comply with all federal/state/local laws and regulations, including, but not\r\nlimited

to historical preservation, environmental, demolition, and lead based paint laws;\r\nApplicant

agrees and acknowledges that it is its responsibility to determine which laws\r\nand

regulations apply;\r\n10. Applicant certifies that all procurements/vendor contracts

comply and will continue to\r\ncomply with all applicable laws and regulations,

including applicable municipal\r\nprocurement policies and procedures; and\r\n11.

Applicant certifies all households assisted with this grant will be Low-Income as

defined\r\nby Section 360.01 of the Illinois Administrative Code/Trust Fund Program

Rules.\r\nOn behalf of , I certify that the information contained\r\nherein accurately

reflects my organization’s commitment and ability to participate fully\r\nin the

Single Family Rehabilitation Program.\r\n_ _\r\nName Title Date (MM/DD/YYYY)\r\n_\r\nSignature

of Authorized Official \r\nCouncil Bill/Resolution No. 1151-2016\r\nSponsor:\r\nA

RESOLUTION\r\nAUTHORIZING the Mayor to sign a Uniform Application for State Grant

Assistance for a\r\ngrant request to the Illinois Department of Transportation to

fund the\r\nAvenue of the Cities Corridor Plan project.\r\n___________________________\r\nWHEREAS,

the City previously submitted a request for funding to Illinois Department of\r\nTransportation

(IDOT) for the Avenue of the Cities Corridor Plan project; and\r\nWHEREAS, staff

was recently made aware by IDOT that the project is in IDOT’s current\r\nwork plan;

and\r\nWHEREAS, because the state is implementing the new Grant Accountability and\r\nTransparency

Act (GATA), there are forms that the City is required to complete and submit in\r\norder

to be formally considered for project funding; and\r\nWHEREAS, submittal of the

Uniform Application for State Grant Assistance is required\r\nin order to allow

IDOT to prepare an Intergovernmental Grant Agreement for the City Council’s\r\nconsideration.\r\nNOW,

THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE,\r\nILLINOIS,

as follows:\r\nThat the Mayor is hereby authorized to execute a Uniform Application

for State Grant\r\nAssistance for a grant request to the Illinois Department of

Transportation to fund the Avenue of\r\nthe Cities Corridor Plan project; provided,

however, that said Application is in substantially\r\nsimilar form and content to

that attached hereto and incorporated herein by this reference thereto\r\nas Exhibit

A and has been approved as to form by the City Attorney.\r\n CITY OF MOLINE\r\n\r\n

Mayor\r\n November 1, 2016\r\nDate\r\nPassed: November 1, 2016\r\nApproved: November

8, 2016\r\nAttest:\r\n City Clerk\r\nAPPROVED AS TO FORM:\r\n\r\nCity Attorney \r\nUniform

ARplication for Sta.tc:HGlianlmsistanee\r\n-\r\n~~np'y.Gomplet@

Type of Submission o Pre-application\r\n181 Application\r\no Changed f Corrected

Application\r\n2. Type of Application 181 New\r\no Continuation (i.e. multiple year

grant)\r\no Revision (modification to initial application)\r\n3. Date f Time Received

by Completed by State Agency upon Receipt of Application\r\nState\r\n4. Name ofthe

Awarding Illinois Department of Transportation\r\nState Agency\r\n5. Catalog of

State 494-00-1439\r\nFinancial Assistance\r\n(CSFA) Number\r\n6. CSFA Title Statewide

Planning and Research Funds\r\nClatjlo81llf\\FeCli!Fci'IIPgmestip ASSistimcel(GF.DA)

ij] Not

Statewide Planning and Research Funds\r\n9. CFDA Number\r\n10. CFDA Title\r\n, l'unillngfeilf@itl!ni1;Y

IiifQ~@i1\r\n11. Funding Opportunity nfa\r\nNumber\r\n12. Funding Opportunity\r\nTitle\r\n13.

Funding Opportunity\r\nProgram Field\r\n'ClompetitlOn lidentification ~ INotAJlf?lrtiitile

. -. ,\"\"\"\"\". '''''''\". 14. Competition\r\nIdentification Number\r\n15. Competition\r\nIdentification

Title\r\n1 \r\n,. imllaa , GOmgleteCflsectJqn\r\n- Apjillcant'lnforfiiation\r\n16.

Legal Name Name used for DUNS registration and grantee pre-qualification: Moline,

City\r\nof\r\n17. Common Name (DBA) City of Moline\r\n18. Employer / Taxpayer 36-6005999\r\nIdentification

Number\r\n(EIN, TIN)\r\n19. Organizational DUNS 093869170\r\nnumber\r\n20. SAM Cage

Code 4EOD2\r\n2l. Business Address Street address: 619 161h Street\r\nCity: Moline\r\nState:

Illinois\r\nCounty: Rock Island\r\nZip + 4: 61265-2121\r\n';epllcant',s Organizatlof1

~\\!!ii lt a\r\n22. Department Name Planning and Development\r\n23. Division Name

Planning\r\n, ';Ajljjllcanr, slName and\"GontaCt4Inf![rm( tlon !f l!erson ;tO' be

ontact~!! for,(RrQ9tam Matters Involvln! lthis\r\nIApllicatlon a\r\n24. First Name

Jeff\r\n25. Last Name Anderson\r\n26. Suffix Mr.\r\n27. Title City Planner\r\n28.

Organizational Employee\r\nAffiliation\r\n29. Telephone Number 309-524-2038\r\n30.

Fax Number 309-524-2031\r\n31. Email address janderson@moline.il.us\r\n';(;!pllcanr~

lIIameland (!ontact lnformatlo if fo ft P.er.sOri @l.(g nta ijt !!l.r SusfnessjAdmfnfstrotfve

efflr;e.\r\nMatter5llnvolviiigltliis'Applicatlgn\r\n32. First Name Annaka\r\n33.

Last Name Whiting\r\n34. Suffix Ms.\r\n35. Title Housing Grant Compliance Analyst\r\n36.

Organizational Employee\r\nAffiliation •\r\n37. Telephone Number 309-524-2035\r\n38.

Fax Number 309-524-2031\r\n39. Email address awhiting@moline.il.us\r\n2 \r\nAreaS-AffeCteql

''''''- 40. Areas Affected by the Avenue of the Cities, Moline, IL\r\nProject (cities,

counties,\r\nstate-wide) Add Attachments (e.g., maps)\r\n4l. Legislative and Illinois

State Senate District No. 36; Illinois General Assembly District No. 72;\r\nCongressional

Districts 17'h U.S. Congressional District;\r\nof Applicant\r\n42. Legislative and

Attach an additional list, if needed\r\nCongressional Districts\r\nof Program /

Project\r\nplili3fif, Il@~\r\n43. Description Title of Text only for the title of

the applicant's project.\r\nApplicant's Project\r\n44. Proposed Project Term Start

Date: 01-01-2017\r\nEnd Date: 01-01-2018\r\n45. Estimated Funding 181 Amount Requested

from the State: $80,000\r\n(include all that apply) 181 Applicant Contribution (e.g.,

in kind, matching): $20,000\r\no Local Contribution:\r\no other Source of Contribution:\r\no

Program Income:\r\nTotal Amount $100,000\r\nApplicant Certification:\r\nBy signing

this application, I certify (1) to the statements contained in the list of certifications\"

and (2) that the\r\nstatements herein are true, complete and accurate to the best

of my knowledge. I also provide the required\r\nassurances\" and agree to comply

with any resulting terms if I accept an award. I am aware that any false,\r\nfictitious,

or fraudulent statements or claims may subject me to criminal, civil or administrative

penalties. (U.S.\r\nCode, Title 218, Section 1001)\r\n(\") The list of certification

and assurances, or an Internet site where you may obtain this list is contained

in the\r\nNotice of Funding Opportunity.\r\n181 I agree\r\nAytliorrzel! R~l1resentative,

J\r\n46. First Name Scott\r\n47. Last Name Raes\r\n48. Suffix Honorable\r\n49. Title

Mayor\r\n50. Telephone Number 309-524-2004\r\n5l. Fax Number 309-524-2031\r\n52.

Email Address sraes@moline.iI.us\r\n53. Signature of Authorized\r\nRepresentative\r\n54.

Date Signed\r\n3 \r\nCouncil Bill/Resolution No. 1152-2016\r\nSponsor:\r\nA RESOLUTION\r\nDIRECTING

that certain wage increases as identified herein be subject to review in\r\nExecutive

Session prior to approval.\r\n__________________\r\nWHEREAS, in an effort to keep

the City Council better informed regarding employee\r\nwage increases and to ensure

that the City remains fiscally sound, the Council requests that the\r\nfollowing

wage increases be subject to review in Executive Session prior to approval:\r\n\r\n•

for union employees, any employee wage increase that would exceed the employee’s\r\nunion’s

current negotiated increase amounts for general wage and anniversary\r\nincreases;

and\r\n• for non-union employees, any employee wage increase that would exceed the

average\r\nof the four unions’ current negotiated increase amounts for general wage

and\r\nanniversary increases; and\r\n• for an employee subject to a promotional

wage increase, any employee wage increase\r\nthat would exceed what is permitted

by the Moline Code of Ordinances; and\r\nWHEREAS, the wage increase reviews in Executive

Session shall include the City\r\nCouncil, the Human Resources Manager, the Finance

Director, and the affected employee’s\r\ndepartment director.\r\nNOW, THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF\r\nMOLINE, ILLINOIS, as follows:\r\nThat

the City Council hereby directs that certain wage increases as identified herein

be\r\nsubject to review in Executive Session prior to approval.\r\n CITY OF MOLINE,

ILLINOIS\r\n ______________________________\r\n Mayor\r\n November 1, 2016\r\n Date\r\nPassed:

November 1, 2016\r\nApproved: November 8, 2016\r\nAttest:\r\n City Clerk\r\nApproved

as to Form:\r\n\r\nCity Attorney\r\nCouncil Bill/General Ordinance No. 3028-2016\r\nSponsor:

__________________\r\nAN ORDINANCE\r\nAMENDING Chapter 20, “MOTOR VEHICLES AND TRAFFIC,”

of the Moline Code of\r\nOrdinances, Section 20-5102, “IMPROPER PARKING PURPOSES,”

by\r\nenacting one new subsection (d) pertaining to parking of vehicles with expired\r\nregistrations;

and Section 20-5120(b)(2), by repealing subsection (b)(2) in its\r\nentirety and

enacting in lieu thereof one new subsection (b)(2) dealing with\r\nthe same subject

matter.\r\n______________________________\r\nWHEREAS, City staff seeks to amend

Chapter 20, “MOTOR VEHICLES AND\r\nTRAFFIC,” of the Moline Code of Ordinances concerning

the parking of any motor vehicle with\r\nan expired registration; and\r\nWHEREAS,

said amendment will provide the City of Moline with an additional\r\nenforcement

method; and\r\nWHEREAS, said amendment will align the Moline Code of Ordinances

with the\r\napplicable state laws.\r\n\r\nNOW, THEREFORE, BE IT ORDAINED BY THE

CITY COUNCIL OF THE CITY OF\r\nMOLINE, ILLINOIS, as follows:\r\n\r\nSection 1 –

That Chapter 20, “MOTOR VEHICLES AND TRAFFIC,” of the Moline\r\nCode of Ordinances,

Section 20-5102, “IMPROPER PARKING PURPOSES,” is hereby\r\namended by enacting one

new subsection (d) pertaining to parking of vehicles with expired\r\nregistrations,

which shall read as follows:\r\n“SEC. 20-5102. IMPROPER PARKING PURPOSES.\r\n* *

* * *\r\n(d) No person may stop, park, or leave standing upon a public street, highway,

or roadway a vehicle\r\nwhich lacks current, legal registration. Enforcement of

this subsection shall not be given to an appointed volunteer\r\nor private or public

entity under contract to enforce person with disabilities parking laws.”\r\nSection

2 – That Chapter 20, “MOTOR VEHICLES AND TRAFFIC,” of the Moline\r\nCode of Ordinances,

Section 20-5120(b)(2), is hereby amended by repealing subsection (b)(2) in\r\nits

entirety and enacting in lieu thereof one new subsection (b)(2) dealing with the

same subject\r\nmatter, which shall read as follows: \r\nCouncil Bill/General Ordinance

No. 3028-2016\r\nPage 2 of 2\r\n“SEC. 20-5120. PAYMENT OF VIOLATION FEE FOR NONMOVING

TRAFFIC\r\nVIOLATIONS IN LIEU OF TRIAL.\r\n* * * * *\r\n(b) The violation fees for

nonmoving traffic violations, other than violations of those sections\r\nspecified

in Section 20-5119, are hereby established as follows:\r\n* * * * *\r\n(2) For violation

of Section 20-5102(d), Section 20-5103, and Division 4 of Article VII and Article\r\nVIII,

the violation fee shall be twenty-five dollars ($25.00).\r\n* * * * *”\r\nSection

3 – That this ordinance shall be in full force and effect from and after passage,\r\napproval,

and if required by law, publication in the manner provided for by law.\r\n CITY

OF MOLINE, ILLINOIS\r\n\r\n\r\n Mayor\r\n\r\n\r\n Date\r\nPassed:\r\nApproved:\r\nAttest:\r\n

City Clerk\r\nApproved as to Form:\r\n\r\nCity Attorney\r\nCouncil Bill/Special

Ordinance No 4056-2016\r\nSponsor:\r\nA SPECIAL ORDINANCE\r\nCLOSING certain streets

more particularly described herein to vehicular traffic; and\r\nAUTHORIZING the

use of public right-of-way in conjunction with the Lighting on the Commons\r\nscheduled

for Saturday, November 19, 2016.\r\n_________________\r\nBE IT ORDAINED BY THE CITY

COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows:\r\nSection 1 – That this Council

hereby authorizes and directs the Mayor, Director of Public\r\nWorks and Police

Chief to erect barricades and post temporary signs, if necessary, for the purpose

of\r\nclosing the following designated roadways to vehicular traffic during the

specified times mentioned\r\nherein:\r\nSaturday, November 19, 2016, from 10:00

a.m. to 8:00 p.m.\r\n15th Street from the southernmost side of River Drive to the

northernmost side of 4th Avenue.\r\nIt shall be an offense to use said roadways

for vehicular purposes during the times herein specified.\r\nSection 2 – That this

Council declares the intent of this ordinance to be a temporary variance\r\nfrom

other ordinances that may be in conflict herewith and shall authorize the activities

described\r\nhereinabove only during such times specified for the street closings

and shall not constitute a repeal\r\nof other ordinances of the City of Moline which

are in conflict herewith.\r\nSection 3 – That this ordinance shall be in full force

and effect from and after passage,\r\napproval, and if required by law, publication

in the manner provided for by law.\r\n\r\n CITY OF MOLINE, ILLINOIS\r\n\r\n Mayor\r\n\r\nDate\r\nPassed:\r\nApproved:\r\nAttest:\r\n

City Clerk\r\nApproved as to Form:\r\n City Attorney \r\nCouncil Bill/Special Ordinance

No. 4057-2016\r\nSponsor:___________________________\r\nA SPECIAL ORDINANCE\r\nAUTHORIZING

the Mayor and City Clerk to execute a Development and Economic\r\nIncentive Agreement

between the City of Moline and Divvymed, LLC,\r\nd/b/a divvyDOSE for the development

project and to execute any\r\nnecessary agreements referenced therein, and authorizing

all appropriate\r\nCity officers and staff to do all things necessary to complete

each of the\r\nCity’s responsibilities pursuant to said agreement.\r\n______________________\r\nWHEREAS,

Divvymed, LLC, d/b/a divvyDOSE (Developer) seeks to enter into a\r\nDevelopment

and Economic Incentive Agreement with the City to facilitate redevelopment of\r\nthe

property located at 3800 Avenue of the Cities (Property); and\r\nWHEREAS, the Developer

is the contract lessee of the Property and is intending to\r\noccupy between 40,000–79,860

sq ft of the available 90,455 sq ft of the office building\r\n(Project); and\r\nWHEREAS,

the City is an Illinois municipal corporation possessing home rule powers\r\nunder

Section 6 of Article VII of the Illinois Constitution, and;\r\nWHEREAS, the City

has the authority to prevent the spread of blight and encourage\r\nprivate development

to enhance the local tax base and to enter into contractual agreements for\r\nthe

purpose of achieving these purposes; and\r\n WHEREAS, the Parties acknowledge and

agree that but for the incentives, to be provided\r\nby the City as set forth herein,

Developer cannot successfully and economically develop the\r\nProperty substantially

in conformance with the Project. The City has determined that it is\r\ndesirable

and in the City’s best interests to assist Developer in the manner set forth herein;

and\r\nWHEREAS, the City believes that the Project to be located on the Property

and the\r\nfulfillment generally of the terms of this Development and Economic Incentive

Agreement are in\r\nthe vital and best interest of the City and its residents.\r\nNOW,

THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF\r\nMOLINE, ILLINOIS,

as follows:\r\nSection 1 – That the Mayor and City Clerk are hereby authorized to

execute a\r\nDevelopment and Economic Incentive Agreement between the City of Moline

and Divvymed,\r\nLLC, d/b/a divvyDOSE, for the development project and to execute

any necessary agreements\r\nreferenced therein, and all appropriate City officers

and staff are hereby authorized to do all\r\nthings necessary to complete each of

the City’s responsibilities pursuant to said agreement;\r\nprovided, however, that

said Agreement is in substantially similar form and content to that \r\nCouncil

Bill/Special Ordinance No. 4057-2016\r\nPage 2 of 2\r\nattached hereto and incorporated

herein by this reference thereto as Exhibit A and has been\r\napproved as to form

by the City Attorney.\r\n\r\nSection 2 – That this ordinance shall be in full force

and effect from and after passage,\r\napproval, and if required by law, publication

in the manner provided for by law.\r\nCITY OF MOLINE, ILLINOIS\r\n\r\nMayor\r\n\r\nDate\r\nPassed:\r\nApproved:\r\nAttest:\r\n

City Clerk\r\nApproved as to Form:\r\n\r\nCity Attorney\r\nDEVELOPMENT AND ECONOMIC

INCENTIVE AGREEMENT\r\nBetween the CITY OF MOLINE\r\nand\r\nDIVVYMED, LLC\r\nd/b/a

divvyDOSE\r\nThis Development and Economic Incentive agreement (\"Agreement\") is

executed\r\nthis ~ day of 4?C.7l:8tY2--- , 2016 by and between the City of Moline,

Illinois,\r\nan Illinois municipal corporation (the \"City\"); and DIVVYMED, LLC,

an Illinois Limited\r\nLiability Company, its successors and/or assigns, d/b/a divvyDOSE

(collectively the\r\n\"Company\").\r\nWITNESSETH:\r\nWHEREAS, the City is an Illinois

municipal corporation possessing home rule powers\r\nunder Section 6 of Article

VII of the Illinois Constitution, and;\r\nWHEREAS, the City has the authority to

prevent the spread of blight and encourage\r\nprivate development to enhance the

local tax base and to enter into contractual agreements for\r\nthe purpose of achieving

these purposes; and\r\nWHEREAS, DIVVYMED, LLC, has a contract to lease a now vacant

space with LRC\r\nReal Estate Inc. within the City of Moline located at 3800 Avenue

of the Cities, Moline,\r\nIllinois, Rock Island County Parcel # 07-77-2; and\r\nWHEREAS,

the Company is the contract lessee of the property and is intending to\r\noccupy

between 40,000-79,860 sq ft of the available 90,455 sq ft of the office building

(the\r\n\"Development Project\") with an estimated project cost ofTen Million Three

Hundred Thousand\r\nDollars and 0011 00 ($10,300,000.00); and\r\nWHEREAS, the Company

has a lease with LRC Real Estate Inc. with a 7 year term\r\nand a 3 year option

and divvyDOSE currently employees 60 full-time equivalent employees and\r\nis expected

to add an additional 200 full-time employees within the next five (5) years; and\r\nWHEREAS,

the City, recognizing the economic and other benefits derived therefrom\r\nby the

City and its residents, seeks to assist the Company in its endeavors to lease the

space and\r\ngrow the Company; and\r\nWHEREAS, the City and the Company agree that

to permit the Company to commit to\r\n1 \r\nthe Development Project, it is necessary

that the City provide an incentive in the form of certain\r\neconomic development

assistance in accordance with the law and the terms of this Agreement;\r\nand\r\nNOW,

THEREFORE, for and in consideration of the mutual covenants herein\r\ncontained

and other good and valuable consideration, the receipt and sufficiency of which

are\r\nhereby acknowledged, the parties hereby covenant and agree as follows:\r\nSection

I. Incorporation of Recitals\r\nThe representations and recitations set forth in

the foregoing Preambles are material to this\r\nAgreement and are hereby incorporated

into and made a part of this Agreement as though fully\r\nset forth in this Section

and said representations and recitations constitute the understandings of\r\nthe

City and the Company.\r\nSection II. General Terms\r\nCompany after receipt of the

promises and inducements contained herein agrees to enter into a\r\nlease for a

portion of the vacant space at 3800 Avenue of the Cities, Moline, IL, legally\r\ndescribed

in Exhibit A which is attached hereto and incorporated herein by reference (\"Subject\r\nProperty\")

with a graduated lease of 40,000, 50,000, 60,000, 70,000, and then 79,860 sq ft

to\r\naccommodate existing and future employees, and operations of the Company.

The Company\r\nwill take 40,000 sq ft immediately and is required to step up only

if space remains available in\r\nthe building.\r\nThe parties hereto acknowledge,

and the Company represents and warrants, that it requires\r\neconomic assistance

from the City in order to commence and complete the Development\r\nProject, and

that, but for said economic assistance, the Development Project as contemplated\r\nwould

not be economically viable.\r\nA. Low Interest Loan. The City Agrees to execute

a Loan Agreement with the Company once\r\nthis Agreement is executed and the Company

enters into a Lease with LRC Real Estate Inc.\r\nconsistent with the terms outlined

in this document. The following are the Terms of the Loan:\r\n• Amount of Loan.

It is expressly understood and agreed that the amount to be loaned to\r\nthe Company

by the City shall not exceed Four Hundred Thousand and 00/100 Dollars\r\n($400,000.00).

Such loan will be evidenced by separate Promissory Note, and secured\r\nby Security

interests in certain Equipment as described in Exhibit B executed by the\r\nCompany

and in favor of the City, which documents are hereby made part of this\r\nAgreement

by reference. Exhibit B summarizes the step down of the security interest.\r\n•

Loan Rate. All funds loaned to the Company shall be at an interest rate that is

one\r\nquarter of one percent (.25%) greater than the variable interest rate charged

by the City's\r\nlender. For illustrative purposes only, if the City's lender charges

the City 2.95%\r\ninterest, then the interest rate that the City will charge the

Company is 3.20%.\r\n2 \r\n• Loan Ternl. The City and the Company agree that the

teml ofthe loan shall be ten (10)\r\nyears from the date ofthe first disbursement

by the City.\r\n• Loan Disbursement. The City shall disburse to the Company up to

the total principal sum\r\nof Four Hundred Thousand and 001100 Dollars ($400,000.00)

only pursuant to written\r\ndraw requests submitted by the Company. It is anticipated

that there will be two (2) draw\r\nrequests of $200,000 each. The first draw is

anticipated once the Development\r\nAgreement is executed and the Lease is signed.

The second draw is anticipated once the\r\nState oflllinois has approved the site

for full operations.\r\n• Repayment of Loan. The Company will make monthly interest

payments for the first\r\ntwenty four (24) months, with the first interest payment

due thirty (30) days from the first\r\nbilling cycle that loan proceeds are drawn.

The City's Finance Director shall send a bill\r\nto the Company each month for the

current monthly interest payment, which shall be\r\ncalculated on the outstanding

balance. Each monthly interest only payment will then be\r\ndue thirty (30) days

after each billing cycle. Payments will be made to the City of Moline\r\nFinance

Office at 1630 8th Avenue, Moline, lllinois 61265.\r\nAfter the twenty-four (24)

months of interest only payments, the Company shall make\r\nmonthly principal and

interest payments to the City for the remainder of the teml of the\r\nloan. The

City shall provide the Company with an Eight Year Amortization Schedule\r\nthat

shows the amount of the monthly principal and interest payment to be made, how\r\neach

payment will be applied to principal and interest over the remaining teml, and will\r\nset

the due date for each monthly payment. The Company will, in writing, acknowledge\r\nreceipt

of this Amortization Schedule and acknowledge the Company is aware of the\r\namount

of each monthly principal and interest payment and the due date of such\r\npayment.

The Amortization Schedule shall be provided by the City and acknowledged\r\nby the

Company prior to the Company making its final interest only payment.\r\nEach payment

will be applied as set forth in the Promissory Note between the parties of\r\nthe

same date.\r\n• Prepayment of Loan. The outstanding principal of the loan may be

prepaid by the\r\nCompany at any time without penalty.\r\nB. Property Tax Rebate.

The City also agrees to provide a Property Tax Rebate. For purposes\r\nof this Agreement,

the use of the temlS \"property tax revenue\" shall be construed to refer to that\r\nnet

portion of taxes imposed by Rock Island County for distribution to the City of Moline\r\npursuant

to the Illinois Property Tax Code (35 ILCS 200/1-1 et seq.). The lllinois Property

Tax\r\nCode may be amended from time to time, which may affect the amount of taxes

collected by the\r\nCounty and distributed to the City and all revenue derived from

such taxes. It is expressly\r\nunderstood that if a governmental or legislative

body other than the City enacts any law or\r\nstatute that results or that may result

in any material changes or amendments to the foregoing\r\nproperty tax provisions,

which changes or amendments prohibit the City from complying with\r\n3 \r\nthis

Agreement or which materially adversely affect the City's ability to comply herewith,

then\r\nthe City and the Company shall re-evaluate this Agreement and the incentives

provided\r\nhereunder and shall mutually use all reasonable efforts to restructure

the Agreement in a manner\r\nwhich provides substantially the same economic benefits

to the Company. If a restructured\r\nagreement cannot be agreed to by both parties

within a reasonable period of time not more than\r\nsixty (60) days from the effective

date of the law or statute that has materially affected the City's\r\ncompliance

herewith, then the Agreement shall automatically terminate releasing both parties\r\nfrom

their obligations hereunder as to the property tax revenue incentive only and not

as to the\r\nloan between the parties, unless the parties mutually agree to extend

such period. The use of the\r\nterm \"property tax\" shall not be construed to mean

any additional taxes imposed by the City as a\r\nhome rule municipality.\r\nFor

purposes of this Agreement, the incentives and inducements set forth herein shall

apply\r\nonly to the Company and the Development Project.\r\nIn the event that all

terms and conditions set forth in this Agreement are met by the Company,\r\nincluding

any site improvements and executing the lease of the property, the City hereby agrees\r\nto

pay the Company certain rebates (\"Incentive Payment\") by yearly installments as

follows,\r\nsubject however to the following conditions and restrictions:\r\nIt

is understood that each Incentive Payment will be due and payable based on the amount

of\r\nproperty tax revenue received by the City as a result of the assessed value

of the Subject\r\nProperty, however, the City reserves the right to make the rebate

payment from the Planning &\r\nDevelopment Department's General Fund, which could

have several revenue sources. The City\r\nwill not calculate nor make the Incentive

Payment until the entire property tax payment is\r\nreceived.\r\nThe initial payment

year (hereinafter referred to as the \"Initial Payment Year\") shall commence\r\nonce

the Rock Island County Assessor has placed a full Equalized Assessed Value (EAV)

on\r\nthe improved property resulting from the Development Project. Each payment

year thereafter\r\nshall be referred to herein as a \"Subsequent Payment Year\".

An illustrative example of the\r\npayments called for under this paragraph is shown

in the Estimated Increment Worksheet\r\nattached hereto and incorporated by reference

herein as Exhibit C. The actual Incentive Payment\r\nwill be calculated based on

the assessed value as established by the Rock Island County\r\nAssessor when the

annual payment is calculated. The parties agree that the figures shown in\r\nExhibit

C are for illustrative purposes, and the actual annual payments to be made in any

given\r\nyear may be more or less than the amount shown or may be $0 depending upon

the actual\r\nexperience.\r\nIt is understood that the Company has a lease agreement

with the following terms:\r\n• Years 1-3, 40,000 sq ft\r\n• Year 4, 50,000 sq ft

(if available)\r\n• Year 5, 60,000 sq ft (if available)\r\n4 \r\n• Year 6, 70,000

sq ft (if available)\r\n• Years 7-10 79,860 sq ft (if available)\r\nThe Company

shall be entitled to Incentive Payments equal to one-hundred percent (100%) of\r\nthe

property tax revenue from the Development Project for years 1-5; and\r\nthe Company

shall be entitled to Incentive Payments equal to fifty percent (50%) of the\r\nproperty

tax revenue from the Development Proj ect for years 6-10; and\r\nThe Incentive Payments

shall be computed at the close of each Payment Year by the City as\r\nprovided herein.

The City will make yearly payments to the Company within thirty (30) days\r\nafter

it receives from the Rock Island County Treasurer the property tax revenue generated

by\r\nthe Equalized Assessed Value established on the Development Project for the

respective\r\nPayment Year and verification of the actual space occupied by the

Company within the\r\nproperty. The City reserves the right to divert the Incentive

Payment to any Principal and\r\nInterest Payment that is outstanding at the time

the Incentive Payment is due.\r\nC. Bonus Incentive. Should the Company maintain

a minimum employment of 260 full-time\r\nequivalent positions beginning in the 5th

year of the Agreement, the City will provide an\r\nincentive equal to one half (1/2)

of the amount of the monthly Principal and Interest payment\r\ndue under section

II.A. above. The Bonus Incentive shall continue through the remaining term\r\nof

the Agreement as long as Company employees 260 or more full-time equivalent employees\r\nand

leases the available space in the building according to the lease terms, is current

with all\r\npayments and meets the Moline Commitment described in Section D below.\r\nD.

Moline Commitment. divvyDOSE will remain active in sourcing qualified employees

that\r\nare residents of Moline. divvyDOSE will continue working with Black Hawk

College to\r\ndevelop programs and provide opportunities for their qualified students

to become employed at\r\ndivvyDOSE. The Company shall encourage Moline residents

to seek employment at\r\ndivvyDOSE and locate to Moline if they are relocating for

employment with divvyDOSE. The\r\nCompany shall meet the following thresholds:\r\n•

100 Employees - a minimum of 15 Moline residents\r\n• 200 Employees - a minimum

of 40 Moline residents\r\n• 260 Employees - a minimum of 52 Moline residents\r\nSection

m. Project Schedule\r\nThe Company has submitted an estimated schedule as depicted

in Exhibit C. The Company\r\nshall submit in writing to the City, any revisions

to the schedule once the elements of the\r\nDevelopment Agreement are executed including

the approval of the Development Agreement;\r\nExecution of the Lease with LRC, Real

Estate, Inc; first loan drawl; plans for any\r\nconstruction/modification to the

lease space; equipment purchase; Phase I move and opening;\r\nsubmittal for State

of Illinois facility approval; Phase II move; second loan draw and any other\r\n5

\r\nmilestone event related to this Development Agreement.\r\nFurther, the Company

shall not cause or permit the existence of any material violation of City\r\nordinances,

including but not limited to the City's building code, subdivision, zoning\r\nordinances,

fire code and any and all rules and regulations thereunder. If the conditions of

this\r\nSection are not met as to material violations and continue to be unmet for

a period of thirty (30)\r\ndays after the Company's receipt of the City'S notice

thereof, the Agreement may be declared\r\nnull, void and of no legal effect by the

City upon notice to the Company or payment of the\r\nIncentive Payments may be deferred

until the conditions are met, at the City's sole discretion;\r\nprovided, however,

that the thirty (30) day cure period herein shall be extended as reasonably\r\nnecessary

to complete the cure so long as the cure is promptly commenced during the initial\r\nthirty

(30) day period, is diligently prosecuted to conclusion and the cure is not one

which could\r\nreasonably be commenced and completed within thirty (30) days. If

the conditions of this\r\nSection are not met due to circumstances beyond the Company's

reasonable control such as acts\r\nof God, acts of civil or military authority,

embargoes, epidemics, war, riots, insurrections, fires,\r\nexplosions, earthquakes,

floods, strikes or lockouts (collectively the \"force majeure\r\nconditions\"),

and said force majeure condition exists for more than seven days, the Company\r\nshall

give the City immediate written notice of such condition. Performance under the\r\nAgreement

shall then be suspended by both parties for the duration of the force majeure\r\ncondition

and performance shall be resumed by the parties once the force majeure condition\r\nceases.

For purposes o