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Full Agenda Packet Revised 6/7/12 CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, June 11, 2012 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Regular City Council meeting minutes of May 29, 2012. “C” 4. Licenses; and Recommendations of the Alcohol License Advisory Committee including an appeal of the denial of an operator’s license for William R. Miller. (Refer to separate agenda.) “C” 5. Acceptance of grant funds for restoration of storm windows for the Tallman House. 6. Special recognition: Action on a proposed resolution in commendation of Robert J. Schenck’s service to the City of Janesville. (File Res. No. 2012-920) OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. NEW BUSINESS 1. Action on a proposed resolution authorizing the City Manager to convey the property located at 176 Lincoln Street to The Wisconsin Partnership for Housing Development, Inc. (File Res. No. 2012-909) 2. Action on a proposed resolution authorizing the City Manager to enter into a developer’s agreement with the Wisconsin Partnership for Housing Development, Inc. for the purpose of rehabilitating the home at 403 Lincoln Street under the Neighborhood Stabilization Program. (File Res. No. 2012-919) 3. Action on a proposed resolution authorizing the City Manager to execute a facility use agreement with the Janesville School District. (File Res. No. 2012-918) ----------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – June 11, 2012 Page 2 NEW BUSINESS (CONTINUED) 4. Action on City Manager recommended citizen appointments to the Citizens Board of Review. 5. Requests and comments from the public on matters which can be affected by Council action. 6. Matters not on the Agenda. 7. Motion to adjourn. The use of audible cell phone ringers and active use and response to cellular phone technology by the governing body, staff and members of the public is discouraged in the Council Chambers while the Council is in session. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING MAY 29, 2012 VOL. 63 NO. 5 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on May 29, 2012. The meeting was called to order by City Council President Voskuil at 7:00 PM. Council President Voskuil led the Council in the Pledge of Allegiance. Present: Council President Voskuil and Councilmembers Dongarra-Adams, Farrell, Kealy, Liebert, Severson and Steeber. CONSENT AGENDA Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) Financial statement for the month of April, 2012. Action on a financial gain request by Race Day Events and Southern Wisconsin Area Triathletes to host an aquathon (bike and swim race) on June 28, 2012 and July 17, 2012 at Lions Beach. Council President Voskuil stated that all items on the consent agenda would be approved as recommended if there were no objections. There were none. OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. Steve Gaffney, 117 Birch Ct., K. Andreah Briarmoon, 339 S. Locust St., Karl Dommershausen, 2419 Plymouth Ave., Jackie Wood, 119 S. Wisconsin St., and Sharon Ahrens, 5621 County Rd. D, spoke against the demolition of 101 N. Franklin St. (NB #3). Dan Swanson, 303 S. Parker Dr., and Neil Dupree, 419 S. Franklin St., spoke in favor of the Green Tier Legacy Community Resolution (NB #2). Peter Apted, 324 S. Academy St., K. Andreah Briarmoon, 339 S. Locust St. and Paul Lembrich, 102 N. River St., spoke against the Green Tier Legacy Community Resolution (NB #2). NEW BUSINESS 1. Action on a proposed resolution acknowledging the review of the Wastewater Utility 2011 Compliance Maintenance Annual Report. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Kealy and passed unanimously. (File Res. No. 2012- 916) 2. Action on a proposed resolution authorizing the City of Janesville to enter into an agreement with the Wisconsin Department of Natural Resources to become a Green Tier Legacy Community. Councilmember Steeber moved to direct the Administration to draft an agreement with the Wisconsin Department of Natural Resources for the Council’s review in June, seconded by Councilmember Severson. Councilmember Steeber offered a friendly amendment to remove the June deadline which was accepted by the seconder. The motion, as amended, passed unanimiously. (File Res. No. 2012-917) 3. Report on status of property at 101 N. Franklin St. (old gas station) and direction to staff. Councilmember Severson moved to demolish the building at 101 N. Franklin St. The motion died for lack of a second. Councilmember Steeber moved to direct the Administration to look at adaptive reuse of the building and present the Council with recommendations. The motion was seconded by Councilmember Voskuil and passed unanimously. 4. Requests and comments from the public on matters which can be affected by Council action. Andreah Briarmoon, 339 S. Locust St., suggested that 101 N. Franklin St. be turned into a warehouse. Sarah Carter, 450 N. Terrace St., asked the Council to support the skate park. 5. Matters not on the Agenda. Councilmember Liebert stated that the State of Wisconsin is 160 years old today. Councilmember Steeber stated that there will be an historic election on June 5, 2012 and encouraged all to vote. Councilmember Voskuil thanked the Wastewater staff and the Utility Director for the open house at the Wastewater Treatment Plant last week. 6. Councilmember Steeber moved to adjourn, seconded by Councilmember Liebert and passed unanimously. There being no further business, Council adjourned at 9:16 p.m. These minutes are not official until approved b the City Council. Dave T. Godek Deputy Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 6/11/2012 RECOMMENDED A. CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE AMENDMENT FOR OUTDOOR SEATING Hacienda Real of WI d/b/a Hacienda Real 3001 N. Lexington Dr. Salvador A. Hernandez B. CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE AMENDMENT FOR OUTDOOR SEATING WITH AUDIO The Back Bar LLC d/b/a The Back Bar 1901 Beloit Ave. Robert J. Kerman C. ORIGINAL AND RENEWAL CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE J & J Restaurants, Inc. d/b/a Diamond Dave’s Taco Co. 2500 Milton Ave. Amy S. Johnson D. ELECTRICIANS–ORIGINAL David C. Coker T1428 Hwy. WW, Wausau, WI Desmond A. Haney 1621 E. Inman Parkway, Beloit, WI Todd A. Lueder N1204 Poeppel Rd., Ft. Atkinson, WI Keith School 1100 Orville Dr., New London, WI E. ELECTRICIANS-RENEWALS FOR THE 2012-2013 LICENSE YEAR (See Attached List) F. MASSAGE TECHNICIAN-RENEWALS FOR THE 2012-2013 LICENSE YEAR (See Attached List) 2012-2013 License RenewalsCity of JanesvillePage 1 of 1 LOCAL ADDRESSADDRESSCITYSTZIP TRADE NAMEOWNER NAME ELECTRICIAN ELECTRICAL SOLUTIONS INCESCH, BERNARD PNONE2928 COUNTY RD MNSTOUGHTONWI53589 FEINER ELECTRIC LLCFEINER, SCOTT ANONE118 S THOMPSON RDSUN PRAIRIEWI53590 LUEDER ELECTRIC LLCLUEDER, TODD AN1204 POEPPEL RDFORT ATKINSONWI53538 NONE NORTHLAND ELECTRICAL SERVICES LLCSCHOOL, KEITH1100 ORVILLE DRNEW LONDONWI54961 NONE PERFORMANCE ELECTRICAL INCZOSKE, MARK WNONE1825 DUNNWOOD WAYOREGONWI53575 STAINLESS SPECIALISTSJILK, STEVEN ANONET7441 STEEL LNWAUSAUWI54402 MASSAGE TECHNICIAN HEALTHFUL HEALINGDOPKINS, SALLY A1749 GARDEN DR1749 GARDEN DRWI53546 JANESVILLE DUM POLICE DEPARTMENT MEMORAN June 5, 2012 TO: City Council FROM: David J. Moore, Chief of Police SUBJECT: Council Action on an Application for an Operator’s License by William R. Miller On April 20, 2012, William R. Miller applied for a City of Janesville Operator’s License. On April 25, 2012, the application was denied based on his arrest record involving alcohol. Mr. Miller has five O.W.I Arrests with the fifth arrest being a felony. Mr. Miller wrote a letter to the Alcohol License Advisory Committee (ALAC) appealing the denial of his application. The City Clerk’s office responded to Mr. Miller on May 23, 2012 via a letter and informed him he was scheduled to appear at the June 5, 2012 ALAC meeting. Mr. Miller called the City Clerk’s Office prior to June 5, 2012 stating that he was unable to leave his employment to attend the ALAC meeting. Mr. Miller asked to appear before the city council to offer his position on the denial. The ALAC voted unanimously to uphold the denial. Mr. Miller now appeals to the Common Council. cc: Eric Levitt, City Manager Jacob J. Winzenz, Director of Administrative Services 1 Community Development Department Memorandum Date: June 11, 2012 TO: Janesville City Council FROM: Gale S. Price, AICP, Manager of Building and Development Services SUBJECT: Acceptance of Grant funds for Restoration of Storm Windows for the Tallman House. _____________________________________________________________________ In July, 2011 the City Council authorized the Monterey Questers to apply for a grant to allow for the restoration of all 10 front storm windows for the Tallman House. The Monterey Questers were recently notified by the Questers International Grants Fund that they were awarded a grant of $6,000 for the project. They intend to present the grant funds to the Council; and in addition to the grant, they will include additional funds for the estimated cost of $7,450 for the entire project. The Questers was founded in 1944 to further knowledge and education about antiques and to encourage the preservation, restoration, and conservation of historic buildings, sites and monuments. Grants up to $6,000 can be obtained from the international organization for local preservation projects. The Monterey Questers have previously received grants for restoration of the four exterior doors to the side porch and solarium. The project will be managed by the City Engineering Department and will proceed shortly so the project will be completed in time for the winter season. Members of the Monterey Questers will be present for the award at the June 11 Council Meeting. cc: Eric Levitt Jacob Winzenz HUMAN RESOURCES DIVISION MEMORANDUM May 31, 2012 TO: City Council FROM: Susan Musick, Human Resources Director SUBJECT: Action on a Proposed Resolution in Commendation of Robert J. Schenck’s Service to the City of Janesville (File Res 2012-920) Executive Summary At the City Council meeting of June 11, 2012, the following retirement commendation will be considered under the consent agenda: 1. Robert J. Schenck for twenty-five years of service with the City of Janesville (File Resolution Number 2012-920).  Robert will not be attending the June 11, 2012, Council meeting.  Robert began working for the City of Janesville on October 20, 1986, as a Firefighter/Paramedic in the Janesville Fire Department. He was reclassified as a Driver on May 6, 1995. Robert also worked as a Fire Inspector from January 8, 2000, until January 3, 2004.  Robert’s retirement date was June 3, 2012. Recommendation Staff recommends adoption of File Resolution 2012-920. 1 RESOLUTION NO. 2012-920 Whereas, Robert J. Schenck is retiring from City of Janesville employment after having diligently served the people of the City of Janesville and the community for twenty-five years; retiring as a Driver-Operator with the City of Janesville Fire Department; and Whereas, during Robert J. Schenck’s employment with the City of Janesville, he provided exemplary professional service and demonstrated conscientious devotion to the duties of his position, which he performed with skill and ability, sincerity, honesty, and dedication; and Whereas, it is desired that such commendable service to the City of Janesville be properly recognized; Now, Therefore, Be It Resolved that the people of the City of Janesville, through the City Council, do express their grateful appreciation to Robert J. Schenck for his twenty-five years of loyal public service. th Dated this 11 day of June, 2012. Motion by: ADOPTED: Second by: APPROVED: Councilmember Aye Nay Pass Absent Dongarra-Adams Eric J. Levitt, City Manager Farrell Kealy ATTEST: Liebert Severson Jean Ann Wulf, City Clerk-Treasurer Steeber APPROVED AS TO FORM: Voskuil Wald Klimczyk, City Attorney Proposed by: Human Resources Prepared by: Human Resources NEIGHBORHOOD SERVICES MEMORANDUM May 31, 2012 TO: City Council FROM: Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Convey Property Located at 176 Lincoln Street to the Wisconsin Partnership for Housing Development, Inc. (File Resolution # 2012-909) Summary In October of 2010, the City Council approved the acquisition and demolition of a vacant and blighted two unit structure located at 176 Lincoln Street. The property was demolished, and the City of Janesville has been maintaining the vacant lot since that time. In 2011, the City of Janesville entered into a Developers Agreement with The Wisconsin Partnership for Housing Development (the Partnership) for housing rehabilitation and redevelopment under the Neighborhood Stabilization Program III grant (NSP III). Under this Agreement, the Partnership is to complete the construction of one new home. The Partnership has completed preliminary design plans for the construction of a new single family home under the NSP III Program. The property located at 176 Lincoln Street is a desirable residential redevelopment site, and staff believes that it is in the best interest to convey the vacant lot to the Partnership for construction of a new single family home at this time. Department Recommendation The Neighborhood Services Department recommends that the Council approve File Resolution #2012-909, authorizing the City Manager to convey the property located at 176 Lincoln Street to The Wisconsin Partnership for Housing Development, Inc. City Manager Recommendation The City Manager concurs with the Neighborhood Services Department recommendation. Suggested Motion I move to approve File Resolution #2012-909 authorizing the City Manager to convey the property located at 176 Lincoln Street to The Wisconsin Partnership for Housing Development, Inc. 1 Background In October of 2010, the City Council approved the acquisition of 176 Lincoln Street through the General Fund Blight Elimination program, a program designed to support redevelopment efforts by acquiring vacant and/or blighted properties in the central city and downtown neighborhoods. At the time of the acquisition the parcel was improved with a vacant, foreclosed two unit rental property that was in very poor condition. The structure was demolished in early 2011 and the City of Janesville has been maintaining this parcel as a vacant lot. The vacant lot is a corner lot with 66’ frontage by 125’ depth, which is standard for the area. At the time of Council approval, the intended plan for the site was to offer the site to a not for profit organization for the construction of a new single family home or to sell the lot to adjoining property owners. Any new construction was to be of a design that is compatible with other homes in the neighborhood. In June of 2011, the City Council authorized staff to enter into an agreement with The Wisconsin Partnership for Housing Development, Inc. for utilization of Neighborhood Stabilization Program III funds. This program allows municipalities and qualified non- profit organizations to acquire foreclosed properties for the purpose of rehabilitation, redevelopment or demolition. The City of Janesville received $600,000 in housing funds and $37,250 in administrative funds for this program. The City of Janesville entered into a developer’s agreement per the NSP program with The Wisconsin Partnership for Housing Development. The Partnership is a private nonprofit corporation working to expand affordable housing opportunity through innovation in housing development, consulting, finance and advocacy. Since founding in 1985, they have formed numerous partnerships with the public, nonprofit and private sectors in efforts to build and sustain strong neighborhoods and communities. Under the Agreement, the Partnership will be responsible for the rehabilitation of five single family homes and the construction of one new home. All activities assisted must benefit low to moderate income households, which include individuals at 80% of the adjusted median income or below (i.e. $52,300 for a family of four). At least 30% of the total grant funding must benefit households with incomes ≤50% of median income (i.e. $32,700 for a family of four). Fifty percent of all grant funds must be expended by 12/31/2012 and 100% of grant funds must be expended by 12/31/2013. The Partnership currently has completed the rehabilitation of one property, has three properties under construction, and has just purchased a fifth property for rehabilitation purposes though the NSP III grant. The Partnership has completed preliminary design of a two-story, 1,880 square foot single family home. The home is proposed to be constructed in the Prairie style, which is consistent with the character of the neighborhood. The home will be a 3 bedroom home with 2 ½ baths and an attached 2-car garage. 2 This design was reviewed by the Historic Commission on May 14, 2012 and was approved noting no adverse impact. Recommendations from the Historic Commission that will be included in the final design include using consistent and double hung windows and using flat frames on the columns and under the windows. Analysis  The property located at 176 Lincoln Street is suitable for residential redevelopment. When acquired in 2010, the property was intended to be redeveloped by a not for profit for the construction of a single family home or sold to adjoining property owners. It is currently being maintained as a vacant City Lot, and conveying the property will eliminate any ongoing maintenance costs.  Redevelopment of the lot will allow for the construction of a new home, which will add to the overall property tax base. The adjoining properties are rental properties equivalent in size or larger and appear to have adequate space for parking making sale to adjoining property owners less likely. If the lot were sold to adjoining property owners to expand their lots, the resulting lot value would have a much lower impact on the property tax base.  The City has entered into an agreement with the Wisconsin Partnership for Housing Development, Inc. under the NSP III Program, which includes the construction of one new home. Funding for the construction would be provided through the NSP III Program Agreement and sale proceeds would be returned to the City for additional projects under the NSP III Program. The Partnership has the capacity to undertake this project and the conveyance of the property will facilitate them moving forward with construction of a home in the Historic Fourth Ward neighborhood.  The redevelopment of the property and construction of a single family home is consistent with the City of Janesville Look West and Old Forth Ward Neighborhood Revitalization Plans and the City of Janesville Comprehensive Plan, which call for the revitalization of neighborhoods that have experienced decline and for the City to acquire vacant, dilapidated, and tax-delinquent properties for rehabilitation and resale to increase owner-occupancy and promote continued investment in existing neighborhoods.  The Prairie design of the home is compatible with the Old Historic Fourth Ward Neighborhood homes, and will provide a positive example of historically appropriate infill development. Attachments: Location Map Preliminary Design 3 RESOLUTION NO. 2012-909 A resolution authorizing the City Manager to proceed with the conveyance of property located at 176 Lincoln Street to The Wisconsin Partnership for Housing Development. WHEREAS, the City of Janesville owns the following described parcel: Lot 8 of Doe’s Addition, in the City of Janesville, Rock County, Wisconsin. Also, all that part of Lot 6 of Doe’s Addition aforesaid, which lies South of a line beginning at a point on the West line of said Lot 6, 4 rods North of the Southwest corner of said Lot 8 as measured on the West line of said Lots 8 and 6, thence Easterly, parallel with the South line of said Lot 8 to the East line of said Lot 6. For informational purposes: 176 Lincoln Street, Janesville, WI 53548; Tax Key No. 241-0136400607. WHEREAS , The City of Janesville acquired the property located at 176 Lincoln Street in October 2010, through the General Fund Blight Elimination Program; and WHEREAS, The City of Janesville has demolished the two family structure that was built on the site; and WHEREAS, The City of Janesville has entered into an agreement with The Wisconsin Partnership for Housing Development, Inc. for development under the Neighborhood Stabilization Program III grant; and WHEREAS, The Wisconsin Partnership for Housing Development has prepared plans for the construction of a new single family home under the Neighborhood Stabilization Program III grant; and WHEREAS, The property located at 176 Lincoln Street is a desirable residential redevelopment site: and, WHEREAS, It is in the best interest of the City of Janesville to convey 176 Lincoln Street to The Wisconsin Partnership for Housing Development for construction of a single-family home: and, WHEREAS, the newly constructed home will be sold to an income eligible party under the Neighborhood Stabilization III guidelines: and, NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL of the City of Janesville that it hereby authorizes and directs the City Manager and the City Clerk to execute on behalf of the City of Janesville, the conveyance of such property; and to negotiate and execute such documents, papers and forms as may from time to time be necessary and/or desirable to effectuate such transaction and the intent of this resolution as the City Manager may decide; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take whatever other actions or to make whatever other minor changes that may be necessary to effectuate this land transaction. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Dongarra-Adams Farrell Eric J. Levitt, City Manager Kealy Liebert ATTEST: Severson Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Neighborhood Services Prepared by: Neighborhood Services Director 176 q Ô»¹»²¼ SUBJECT SITE Ü¿¬»æ ðëñíïñïî Í½¿´»æ ïþã îððù Ó¿° Ý±±®¼·²¿¬»æ Ôóïì ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ÝÑÒÊÛÇßÒÝÛ ÑÚ ïéê Ô×ÒÝÑÔÒ ÍÌ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÝ¿»óîðïîÄÔóïìÁÝ±²ª»§¿²½»óïéê Ô·²½±´² NEIGHBORHOOD SERVICES MEMORANDUM June 1, 2012 TO: City Council FROM: Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Enter into a Developer’s Agreement with the Wisconsin Partnership for Housing Development, Inc. for the Purpose of Rehabilitating the Home at 403 Lincoln Street under the Neighborhood Stabilization Program. (File Resolution # 2012-919) Summary In 2009, the City of Janesville received nearly $1.2 million under the Neighborhood Stabilization Grant Program (NSP) to purchase foreclosed or abandoned homes; and rehabilitate, resell or redevelop these homes in order to stabilize neighborhoods and stem the decline in values of neighboring homes. To date, the City of Janesville has purchased 12 vacant foreclosed properties under this program for rehabilitation (6) or blight elimination (6). At this time, 2 homes have sold and an additional 3 are listed for sale. When properties acquired under this program are resold, sale proceeds can be used to implement additional projects under the NSP program. As a result of the property sales, funding is available to undertake an additional project. The heirs of the property at 403 Lincoln Street, a vacant, tax delinquent property, have offered to transfer title of the property to the Wisconsin Partnership for Housing Development (the Partnership) or the City of Janesville in exchange for a Community Development Block Grant loan satisfaction. The Partnership has expressed a willingness to rehabilitate the property under the Neighborhood Stabilization Program. Under the proposed Developer’s Agreement, the Partnership would rehabilitate the property and resell it under the Neighborhood Stabilization Program to an income eligible household. The property would be fully converted back to a single-family residence, allowing the property to remain owner-occupied. Rehabilitation would be consistent with City plans for neighborhood revitalization. A total of $109,622 in NSP Program income would be designated for this project, and sale proceeds would again be returned to the NSP Program. Department Recommendation The Neighborhood Services Department recommends that the Council approve File Resolution #2012-919, authorizing the City Manager to enter into the 1 attached Developer’s Agreement between the City of Janesville and Wisconsin Partnership for Housing Development for the rehabilitation of 403 Lincoln Street under the Neighborhood Stabilization Program. City Manager Recommendation The City Manager recommends approval. Suggested Motion I move to approve File Resolution #2012-919 authorizing the City Manager to enter into a Developer’s Agreement with The Wisconsin Partnership for Housing Development, Inc. for the purpose of rehabilitating the home at 403 Lincoln Street under the Neighborhood Stabilization Program. Background In 2009, the Rock County Consortium was awarded $1,930,275 in funding under the Neighborhood Stabilization Grant Program. Of this total, the City of Janesville will receive $1,189,865. To date, the City of Janesville has purchased 12 vacant foreclosed properties under this program. Six of these homes have been or are being rehabilitated and six of the homes were demolished for future redevelopment purposes. A final home was donated by a bank to Community Action and is being rehabilitated with Neighborhood Stabilization funds. When properties acquired under this program are resold, sale proceeds can be used to implement additional projects under the NSP program. Two of the rehabilitated homes have been resold, so funding is available to take on an additional project at this time. A total of $109,622 in NSP Program income would be designated for this project. The property located at 403 Lincoln Street is identified as a 2-unit residential property although it was most recently being used as a single-family home. It was built in approximately 1900 and is zoned R-2 Limited General Residence District. It is a contributing structure in the Old Fourth Ward Historic District, as are most of the homes located in the Fourth Ward. The 1,596 sf home has a combined 5 bedrooms and 2 baths and a 2-car detached garage. It is located 1 block from the Fourth Ward Park and next door to the recently rehabilitated NSP property at 407 Lincoln Street. In 1999, a $24,000 deferred payment home improvement loan was awarded to a low income, elderly individual for her property at 403 Lincoln Street funded through the Community Development Block Grant (CDBG) Program. Work completed at that time included: exterior siding, gutters and downspouts, windows and doors, partial electrical upgrade and other items meant to address minimum housing standards. Terms of the loan included the requirement that payment on this loan becomes due when the property is no longer occupied by the Borrower as a principal residence. The loan holder passed away in 2011, and the loan is now due in full. 2 The heirs have twice attempted to sell the property via auction for the list price of $35,000 without success. They have approached the City to see if we would be interested in purchasing the property for an amount sufficient to cover outstanding bills. The property is currently vacant, and property tax bills are one year delinquent ($1,546.72 plus penalties). The Community Development Authority (CDA) reviewed the request of heirs at their meeting on May 16, 2012. At that time, they considered several options, including: satisfying the loan and rehabilitating the property, declining the offer and attempting to collect on the lien, satisfying the loan and demolishing the property and initiating foreclosure. The CDA directed that the loan be forgiven if the property is transferred to the Partnership or the City and recommended that the City Council approve a Developer’s Agreement to provide funding for the rehabilitation of the property. The CDA determined that the rehabilitation of this home meets CDBG program goals of improving existing housing stock and increasing homeownership opportunities. The City has entered into an Agreement with the Partnership, a private nonprofit corporation working to expand affordable housing opportunity through innovation in housing development, consulting, finance and advocacy for the implementation of the Neighborhood Stabilization 3 Program. Under that Agreement, the Partnership is responsible for the rehabilitation of five single family homes and the construction of one new home. To date, the working relationship with the Partnership has been good and work under the NSP 3 Agreement has been proceeding ahead of schedule. Since founding in 1985, the Partnership has formed numerous collaborations with the public, nonprofit and private sectors in efforts to build and sustain strong neighborhoods and communities. The Partnership has extensive experience administering federal housing funds. Currently, the Partnership is engaged in acquisition, rehabilitation and resale of 15 homes in four communities using NSP1 funds. The partnership manages the HOME-funded down payment assistance, home improvement and purchase/rehabilitation loan programs of the HOME Consortium (Jefferson, Ozaukee, Washington and Waukesha Counties) and a CDBG-funded housing rehabilitation loan program of Waukesha County. The Partnership is also providing extensive consulting services in the design and implementation of housing programs for flood relief in Cedar Rapids, Iowa which are funded primarily with federal funds. The Partnership has several staff members who have been involved in its NSP1 development activity and in providing NSP technical assistance under contract to HUD, all of whom are available as staffing resources for the proposed NSP 3 activity. City staff approached the Partnership regarding their willingness to undertake an additional rehabilitation project in Janesville. Staff and members of the Partnership have conducted a property inspection to assess the potential for 3 resale and/or rehabilitation purposes. At this time, we have an estimate of $75,000-$85,000 to complete conversion of the home back to a single family home; address structural issues with the foundation; reconfigure the first floor to improve functionality as a single-family home; address lead hazards, electrical and heating deficiencies, energy efficiency, and housing quality standards. Under the proposed Developer’s Agreement, the Partnership would be responsible for acquiring the property at 403 Lincoln Street, rehabilitating this property as a single family home, and reselling it to an income eligible household under the guidelines of the NSP Program. The Partnership would ensure property taxes are brought current. Rehabilitation would begin by the end of September. Analysis  The Neighborhood Stabilization Program provides that funding obtained through the sale of rehabilitation projects may be used to continue to purchase additional properties and to rehabilitate or demolish such properties to help stabilize neighborhoods. Funding is available through the sale of 2 properties to undertake an additional project.  The property at 403 Lincoln is currently secured by a $24,000 mortgage held by the City of Janesville Community Development Authority. Repayment is due at this time, but the heirs of the property have indicated there is no money in the estate and that they have been unable to sell the property. The CDA has recommended that this loan be satisfied upon transfer to the Wisconsin Partnership for Housing Development or the City of Janesville. Given the current condition of the home, conventional financing for a homeowner is not likely to be approved. A cash purchase by an investor to re-establish the property as a 2-unit rental is possible, but again is not likely given the nature of the repairs. Increasing rental properties and density in this neighborhood is contrary to City goals. If the loan is not forgiven, the property may continue to deteriorate.  The rehabilitation of the property and full conversion back to a single family home is consistent with the City of Janesville Look West and Old Fourth Ward Neighborhood Revitalization Plans and the City of Janesville Comprehensive Plan, which call for the revitalization of neighborhoods that have experienced decline and for the City to acquire vacant, dilapidated, and tax-delinquent properties for rehabilitation and resale to increase owner-occupancy and promote continued investment in existing neighborhoods. 4  The Partnership has 20 years of housing development experience, has staff who are knowledgeable in the Neighborhood Stabilization programs, and who have the experience necessary to ensure the NSP program is in compliance with the State and Federal Requirements. The Partnership will act on behalf and in cooperation with the City of Janesville and adhere to all NSP rules. Attachments: Location Map Property Photos Developer’s Agreement cc: Eric J. Levitt, City Manager Jay Winzenz, Director of Administration / Assistant City Manager 5 RESOLUTION NO. 2012-919 A Resolution Authorizing the City of Janesville to enter into a Developer’s Agreement with the Wisconsin Partnership for Housing Development, Inc. for the Purpose of Rehabilitating the home at 403 Lincoln Street under the Neighborhood Stabilization Program. This agreement entered into between the City of Janesville, a Wisconsin Municipal Corporation, conducting its principal business at 18 North Jackson Street, Janesville, WI 53547-5005 (hereinafter referred to as the “City”), and The Wisconsin Partnership for Housing Development, a private, non-profit organization operating as provided in Section 49.265 and other related provisions of the Wisconsin Statutes, as from time to time amended or renumbered, conducting its principal business at 121 South Pickney Street, Suite 200, Madison, WI 53703 (hereinafter referred to as the “Developer”). WHEREAS , the City has received funding under the Neighborhood Stabilization Program (NSP) for the purpose of stabilizing neighborhoods through the acquisition, demolition, rehabilitation, and redevelopment of foreclosed properties; and WHEREAS, The Developer has expressed a willingness to rehabilitate the 2-unit residential property at 403 Lincoln Street and convert this property into a single family home under the Neighborhood Stabilization Program; and WHEREAS, the Owners of the property have expressed a desire to deed the property to the Developer for rehabilitation and resale; and WHEREAS, the City will provide up to $109,622 in funding to the Developer for the purpose of acquisition and rehabilitation of the residential property located at 403 Lincoln Street and such property will remain under the ownership of the Developer; and WHEREAS, The rehabilitation and conversion of the property into a single family home is consistent with the City of Janesville Look West and Old Fourth Ward Neighborhood Revitalization Plans and the City of Janesville Comprehensive Plan, which call for the revitalization of neighborhoods that have experienced decline and for the City to acquire vacant, dilapidated, and tax-delinquent properties for rehabilitation and resale to increase owner-occupancy and promote continued investment in existing neighborhoods; and WHEREAS, the Developer will identify income eligible, potential homebuyers; and WHEREAS, the Developer agrees to adhere to all HUD rules and guidelines for the NSP; and WHEREAS, the Common Council hereby find that this program and partnership are of benefit to and in the best interests of the City, its residents, businesses, and taxpayers. NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that they hereby authorize and direct the City Manager to enter into a developer’s agreement on behalf of the City of Janesville withthe Wisconsin Partnership for Housing Development for the purpose of utilizing Neighborhood Stabilization Program grant funding; and BE IT FURTHER RESOLVED, that the City Manager, and/or his designees, are hereby authorized to negotiate, draft, prepare, execute, file, and modify such other documents, papers and agreements ancillary and/or pertaining hereto, and, from time to time, to take and/or make whatever other minor actions and/or minor modifications to the above described agreement(s) as the City Manager and/or his designee may deem necessary and/or desirable to effectuate the purposes of such agreements, the program, and/or the intent of this Resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Dongarra-Adams Farrell Eric J. Levitt, City Manager Kealy Liebert ATTEST: Severson Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Neighborhood Services Prepared by: Neighborhood Services Director Johnson St 403 q Ô»¹»²¼ SUBJECT SITE Ü¿¬»æ ðëñíïñïî Í½¿´»æ ïþã îððù Ó¿° Ý±±®¼·²¿¬»æ Ôóïì ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ÓßÐ ï ìðí Ô×ÒÝÑÔÒ ÍÌÎÛÛÌ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÝ¿»ÄÝ¿»óîðïîÄÔóïìÁìðí Ô·²½±´² NSP AGREEMENT THIS AGREEMENT MADE this day of 2012 by and between the City of Janesville hereinafter referred to as the “SUBGRANTEE”, and Wisconsin Partnership for Housing Development a non-profit corporation, hereinafter referred to as the “DEVELOPER” and which is located at: 121 S. Pinckney Street, Suite 420, Madison, WI 53703 . WITNESSETH WHEREAS, the SUBGRANTEE is the recipient of Neighborhood Stabilization Program Funds from the State of Wisconsin, who received such funds from the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, the DEVELOPER has submitted a proposal for use of funds for an NSP-eligible PROJECT; NOW, THEREFORE in consideration of the mutual covenants and obligations herein contained, including the Attachments, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: I. Definitions Unless specifically provided otherwise or the context otherwise requires, when used in this Agreement: 1.“Abandoned” refers to homes where no mortgage or tax payments have been made by the property owner for at least 90 days or a code enforcement inspection has determined that the property is not habitable, and the owner has taken no corrective actions within 90 days of notification of the deficiencies. 2. “Appraisal” means an appraisal which meets the criteria specified in the Uniform Relocation Assistance and Real Property Acquisition Policies Act (“URA”), as further defined in 49 CFR 24.103. 3.“Blighted structure” means a structure that exhibits objectively determinable signs of deterioration sufficient to constitute a threat to human health, safety, and public welfare. 4.“CDBG Act” means the Housing and Community Development Act of 1974, Pub. L. No. 93-383, as amended. Unless otherwise noted in HERA (as amended) and the alternative requirements in the NSP Notices, NSP is governed by the CDBG regulations. 5.“Current market appraised value” means the value of a property that is established through an appraisal made in conformity with the appraisal requirements of the URA at 49 CFR 24.103 and completed within 60 days prior to a final offer made for the property by the Subrecipient, developer, or individual homebuyer; provided, however, if the anticipated value of the proposed acquisition is estimated at $25,000 or less, the current market appraised value of the property may be established by a valuation of the property that is based on a review of available data and is made by a person the Subrecipient determines is qualified to make the valuation. 6."Eligible Costs" means costs for the activities specified in Error! Reference source not found. of this Agreement for which NSP funds are budgeted, provided that such costs (i) are incurred in connection with any activity which is eligible under HERA and Section 105A of Title I of the CDBG Act, and (ii) conform to all NSP requirements. 7."Environmental Requirements" means the requirements described in 24 CFR Part 58. 8. “Foreclosed” refers to a property that is at least 60 days delinquent on its mortgage and the owner has been notified; or the property owner is 90 days or more delinquent on tax payments; or under state or local law, foreclosure proceedings have been initiated or completed; or foreclosure proceedings have been completed and title has been transferred to an intermediary aggregator or servicer that is not an NSP SUBGRANTEE, subrecipient, developer, or end user. 9."HERA" means the Neighborhood Stabilization Program (NSP) found in Title III of Division B of the Housing and Economic Recovery Act of 2008, as amended. 10."HUD" means the United States Department of Housing and Urban Development. 11.“Land bank” means a governmental or nongovernmental nonprofit entity established, at least in part, to assemble, temporarily manage, and dispose of vacant land for the purpose of stabilizing neighborhoods and encouraging re-use or redevelopment of urban property. For the purposes of the NSP, a land bank will operate in a specific, defined geographic area. It will purchase properties that have been abandoned or foreclosed upon and maintain, assemble, facilitate redevelopment of, market, and dispose of the land-banked properties. If the land bank is a governmental entity, it may also maintain abandoned or foreclosed property that it does not own, provided it charges the owner of the property the full cost of the service or places a lien on the property for the full cost of the service. 12.“LMMI” is a HUD-defined term incorporating households with eligible incomes (at or below 120% of area median, based on household size and county), including low-, moderate-, and middle-income, in referring to the national objective of the CDBG program. 13.“Low-Income Set-Aside” refers to the HERA requirement that not less than 25 percent of the funds NSP funds to the SUBGRANTEE shall be used for the purchase and redevelopment of abandoned or foreclosed upon homes or residential properties that will provide permanent housing to individuals or families whose incomes do not exceed 50 percent of area median income. 14.“NSP Notice” refers to the alternative requirements for NSP issued by HUD in the Federal Register on October 6, 2008, and as modified in the Bridge Notice issued on June 19, 2009. 15."NSP Funds" mean those funds to be provided by the SUBGRANTEE pursuant to the terms of this Agreement, as specified in Section II of this Agreement. 16.“Program Income" means the NSP3 portion of any proceeds received by the DEVELOPER and repaid to the SUBGRANTEE. 17."PROJECT" means the activities described in the Proposal and in Exhibit A of this Agreement which are to be carried out to meet the objectives of the NSP3 Program. 18."Proposal" means the DEVELOPER’s response to the SUBGRANTEE’s NSP Request for Proposals or such other submittals, as are specified in Exhibit A of this Agreement. 19.“Purchase Discount” means the minimum discount percentage from the current market- appraised value under which a property may be purchased. Under HUD Notice FR–5255–N–02, the purchase discount for NSP is “at least 1 percent from the current market-appraised value of the home or property.” 20.“Vacant properties” includes both vacant land and properties with vacant structures on the land. II. Terms and Conditions of the Funding A.Funding Amount – NSP Program Income Funds in the amount of $109,622 are obligated for use in compliance with this agreement, as reflected in the budget in Error! Reference source not found.. 1.These amounts represent an allocation of the SUBGRANTEE’s total NSP funding contingent upon DEVELOPER performance and not an entitlement to a certain grant amount, and shall only be disbursed for approved projects and costs. 2.Approved budget – The approved budget is attached to this agreement as Error! Reference source not found.. It is understood and agreed that funds will be used according to the approved budget. DEVELOPER may reallocate up to 10% of the Total NSP Funding for increases or decreases in individual line items of the budget. Reallocations of more than 10% require SUBGRANTEE approval. B.Use of Funds – NSP funds obligated under this agreement may be used as follows: 1.No Commitment or Expenditure Prior to Environmental Clearance – This obligation of NSP funds is conditional upon satisfactory completion of environmental review under 24 CFR Part 58 as provided in Section VIII. Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by SUBGRANTEE of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on SUBGRANTEE’s determination to proceed with, modify or cancel the project based on the results of environmental review. Further, the DEVELOPER will not undertake or commit any funds to physical or choice-limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance, and understands that violation of this provision may result in the denial of any funds under the agreement. 2.Eligible Activities – Funds may be used for the NSP eligible activities that are checked below: Acquisition __1__ abandoned or foreclosed single-family properties Rehabilitation/reconstruction __1__ acquired abandoned or foreclosed New construction _____ vacant properties 3.Eligible Properties – The DEVELOPER may only utilize NSP funds for properties approved by the SUBGRANTEE. Approved properties are listed in Exhibit A. Other than those properties explicitly listed in Exhibit A, the DEVELOPER must prepare and submit a Property Approval Request Form attached in Exhibit C for each property to be assisted with NSP funds. Eligible properties must meet the following conditions for approval by SUBGRANTEE: a.Must be located in an NSP Target Area as identified in Exhibit A. b.Must have no substantial adverse environmental factors as determined by an environmental review. c.Must have only one dwelling unit on site or a multi-unit to be converted to a single family unit; acquisition or two-family or other mixed owner-rental properties require SUBGRANTEE advance approval in writing and compliance with NSP rental restrictions. d.Must otherwise be in suitable locations for marketing and resale to low- and moderate-income homebuyers. e.Must be unoccupied and have no personal possessions on site, unless SUBGRANTEE approves acquisition of an occupied property and stipulates compliance with relocation requirements in Section VIII. f.Must be eligible for acquisition under NSP as foreclosed or abandoned or vacant. 4.Activity Limitations – In implementing projects, DEVELOPER shall undertake only those activities permitted by this agreement, and comply with all provisions of this agreement, including the project requirements in Section III, as they may be modified by HUD. In particular a.Acquisition – In order to ensure that only NSP-eligible properties are acquired, DEVELOPER may acquire only those properties listed in Exhibit A or subsequently approved by SUBGRANTEE. No acquisitions may occur without environmental clearance, and determination of the applicability of URA provisions. b.Demolition – Primary structures on properties acquired or contributed may not be demolished unless they are declared as blighted by SUBGRANTEE. c.Construction/Rehabilitation/Reconstruction – DEVELOPER may use NSP funds for the construction, rehabilitation or reconstruction of properties as approved by the SUBGRANTEE and permitted by this agreement, and shall implement the requirements in Section VII as applicable to all projects. C.Cost Limits – All uses of funds are subject to the approval of the SUBGRANTEE. D.Deadlines – Timely completion of the work specified in this agreement is an integral and essential part of performance. The NSP funds are subject to Federal deadlines and failure to comply could result in the loss of the Federal funds. By the acceptance and execution of this agreement, it is understood and agreed by the DEVELOPER that the PROJECT will be completed as expeditiously as possible and that the DEVELOPER will make every effort to ensure that the project will proceed and will not be delayed. Failure to meet these deadlines can result in cancellation of this contract and the revocation of NSP funds. 1.Project Expenditure Deadlines – All project activities and all expenditures of NSP funds must be completed by December 31, 2013. If checked the additional interim deadlines apply to project expenditures: 50% of NSP funds expended and drawn by _____________ 75% of NSP funds expended and drawn by ____________ 100% of NSP funds expended and drawn by Sept 30, 2013 _ 2.The DEVELOPER expressly agrees to complete all work required by this agreement in accordance with the timetable set forth in Error! Reference source not found. and as provided above. a.If DEVELOPER fails to obligate or expend NSP funds as indicated in this agreement, SUBGRANTEE in its sole discretion may recapture a portion or all of the DEVELOPER’s total NSP funding allocation. b.Changes to the timetable may be approved by the SUBGRANTEE, in the event the DEVELOPER is unable to meet the above deadlines or complete the above services because of delays resulting from Acts of God, untimely review and approval by the SUBGRANTEE and other governmental authorities having jurisdiction over the PROJECT, or other delays that are not caused by the DEVELOPER, the SUBGRANTEE shall grant a reasonable extension of time for completion of the WORK. It shall be the responsibility of the DEVELOPER to notify the SUBGRANTEE promptly in writing whenever a delay is anticipated or experienced, and to inform the SUBGRANTEE of all facts and details related to the delay. However, SUBGRANTEE may not provide extensions beyond deadlines imposed by HUD. 3.Since it is mutually agreed that time is of the essence, the DEVELOPER shall cause appropriate provisions to be inserted in all contracts or subcontracts relative to the work tasks required by this agreement, in order to ensure that the PROJECT will be completed according to the timetable set forth in this agreement. E.Sale to Buyers – All units acquired under this agreement shall be sold to eligible buyers in accordance with the provisions of this section. 1.Eligible Buyers – Eligible homebuyers must be determined to be income-eligible in compliance with the limit checked below. Middle Income – less than 120% of Area Median Income __1__ properties Moderate Income – less than 80% of Area Median Income _____ properties Low Income – less than 50% of Area Median Income _____ properties 2.Sales Price – Sales prices must be in compliance with the price limits in Section III.F, and the sales price of each property must be approved by SUBGRANTEE. 3.Income Certification and Documentation – Every purchaser shall be determined to be eligible according to the requirements at 24 CFR 570.5. 4.NSP Financing to Buyers – All buyers must have first mortgages from a mortgage lender. To further increases the affordability of the home purchase, DEVELOPER will offer a “soft second mortgage” to each buyer from the NSP Funds awarded under this agreement. These funds are included in the amount of funding provided under this agreement, and not an additional amount, and represent a transfer of some of the NSP assistance used by DEVELOPER to the eligible buyer. The terms of this assistance are as follows: a.Amount – The amount of the NSP buyer financing shall be determined based upon the gap between the approved sales price and buyer funds from the first mortgage and downpayment. b.Affordability Period – The term shall be 5, 10, or 15 years, based on the amount of the NSP assistance in the unit and based upon HOME rules related to affordability period. c.Resale During Affordability Period – If the buyer sells prior to the end of the affordability period, NSP funds will be recaptured by the SUBGRANTEE out of net proceeds of the sale according to the formyla containued in the NSP recapture note and mortgage. d.Buyer Note & Mortgage – All NSP-assisted properties are subject to ongoing compliance requirements during the period of affordability. Upon sale of an NSP-funded home, DEVELOPER will cause the homebuyer(s) to execute a promissory note and mortgage deed in favor of SUBGRANTEE as mortgagee for the combined amount of the mortgage assistance and down payment assistance as defined herein. i.The note and mortgage documents must be approved by SUBGRANTEE prior to their being executed by the homebuyer(s). ii.After each closing occurs, DEVELOPER will provide the recorded note and mortgage to SUBGRANTEE. e.Limitation on Downpayment Assistance – No buyer may receive more than 50% of the downpayment amount as downpayment assistance from NSP funds. No buyer may receive additional NSP assistance from programs or sources other than this agreement without the express consent of the SUBGRANTEE based on a determination that the additional assistance does not constitute double dipping. 5.Net Proceeds of Sale – Upon sale of an NSP-funded home, from the net proceeds of the sale after payment of all closing costs and approved developer fees, DEVELOPER will repay SUBGRANTEE the total amount of NSP funds advanced, minus the following amounts: a.The amount of the development subsidy as defined herein; and b.The amount of any buyer assistance, including mortgage assistance and down payment assistance as defined herein. c.FCI funds invested into the property III. Project Requirements The DEVELOPER agrees to comply with all requirements of the NSP Program as stated in the NSP Notice and CDBG regulations, including but not limited to the following: A.NSP Eligible Use, CDBG National Objective and Eligible Activities – The DEVELOPER will ensure and document that its NSP activities meet LMMI national objective, eligible use, allowable cost, and eligible activity requirements of the NSP Notices & CDBG Regulations. The DEVELOPER will ensure that any expenditure of NSP funds will be in compliance with the requirements, and acknowledges that NSP funds will only be provided as reimbursement for eligible costs incurred, including actual expenditures or invoices for work completed. B.Property Acquisition – If any foreclosed-upon homes or residential properties are to be acquired with NSP funds, the DEVELOPER will acquire property with NSP funds at a minimum discount of one percent from fair market value for each residential property. This requirement applies to foreclosed properties purchased with NSP funds, and the discount must be taken from the current market appraised value as described in the NSP NOFA. 1.Eligible properties – HERA and NSP limits the properties that are eligible for assistance to certain locations and types of properties (depending on the Eligible Use.) Eligible property types and locations are listed in Exhibit A. If the DEVELOPER has proposed to undertake any activities subject to the NSP Low-Income Set-Aside, these activities may only be undertaken on foreclosed or abandoned residential property. 2.Prohibition against eminent domain – The DEVELOPER will not undertake any involuntary acquisition of property with NSP funds without prior written consent of the Lead Applicant and written opinion of counsel that such acquisition is lawful. 3.Appraisal – Appraisals funded with NSP funds are required for all foreclosed properties. Exceptions to this requirement may be approved by the SUBGRANTEE. a.NSP requires appraisals to be performed with respect to the NSP funded acquisition of foreclosed upon homes and residential properties, even though they may be considered voluntary under the URA. The SUBGRANTEE further requires an appraisal for all NSP- assisted acquisitions of property to ensure cost reasonableness. b.The URA appraisal requirements of 49 CFR 24.103 must be met. For acquisitions which meet the applicable voluntary acquisition requirements of 49 CFR 24.101(b), the DEVELOPER must ensure that the owner is informed in writing of what it believes to be the market value of the property, and that the DEVELOPER will not acquire the property if negotiations fail to result in a an amicable agreement (see 49 CFR 24.101(b)(1) & (b)(2)). c.The appraisal must have been completed within 60 days of the offer made for the property (an initial offer can be made, subject to the completion of the appraisal within 60 days of a final offer). 4.Occupied properties – If the PROJECT is occupied at the time of this commitment, the DEVELOPER will comply with the relocation requirements of 24 CFR 570.606. 5.Purchase Discounts – HERA requires all NSP-assisted acquisitions of foreclosed property to be at a discount from the current market appraised value of the property, taking into account its current condition, and such discount shall ensure that the DEVELOPER is paying below-market value for the home or property. A minimum discount of 1 percent less than current market appraised value for each property purchased with NSP funds is required for all acquisitions funded with NSP. The address, appraised value, purchase offer amount, and discount amount of each foreclosed property purchase must be documented in the DEVELOPER’s records. C.Demolition – The DEVELOPER will not use NSP funds to demolish the primary residence. Permission for demolition of minor structures such as porches, sheds and garages shall be deemed to have been granted when SUBGRANTEE approves the plans and specifications (which may also be called work write-ups) for a particular property proposed by DEVELOPER. D.Construction/rehabilitation – For any construction or rehabilitation in this project, DEVELOPER will comply with the provisions of Section VII. If this project involves the construction or rehabilitation of properties with 8 or more units, the DEVELOPER shall comply with the provisions of the Davis-Bacon Act and regulations (29 CFR, Part 5), as amended. If the building or commonly owned development (e.g. condo or townhouse) has 8 or more units, Davis Bacon is applicable, even if NSP funds only treat one unit. E.Property Standards – The DEVELOPER will carry out all NSP-assisted activities in accordance with applicable laws, codes, and other requirements relating to housing safety, quality, and habitability, in order to sell, rent, or redevelop such homes and properties. 1.Property Standards – DEVELOPER will carry out all NSP-assisted rehabilitation of a foreclosed-upon home or residential property in compliance with property standards, and in accordance with applicable laws, codes, and other requirements relating to housing safety, quality, and habitability. 2.Lead-based paint – The DEVELOPER agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.487 or 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all NSP-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. 3.Accessibility – The DEVELOPER shall work with any homebuying household that includes a person with disabilities to provide accessibility modifications required under the policy of reasonable accommodations and reasonable modifications. All such modifications shall be considered to be eligible NSP costs under this agreement. F.Maximum Sales Price – Approved sales prices are listed in Exhibit A. Changes to the prices must be approved by the SUBGRANTEE. However, in no event shall the sales price exceed the amount permitted by the NSP requirements listed below: 1.If an abandoned or foreclosed upon home or residential property is to be sold to an individual as a primary residence, no profit may be earned on such sale. 2.HERA Section 2301(d)(2) directs that the sale of such property shall be in an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or property up to a decent, safe, and habitable condition. Further, the sale price must be the lesser of the post-development fair market value or the acquisition/redevelopment cost. 3.The maximum sales price for a property is determined by aggregating all costs of acquisition, rehabilitation, and redevelopment (including related activity delivery costs, which generally include, among other things, costs related to the sale of property). 4.In determining the sales price, the SUBGRANTEE will NOT consider the costs of boarding up, lawn mowing, maintaining the property in a static condition, or, in the absence of NSP-assisted rehabilitation or redevelopment, the costs of completing a sales transaction or other disposition to be redevelopment or rehabilitation costs. G.Sale and Occupancy – All of the funds made available under this Agreement shall be used with respect to. 1.Marketing and Selection – In the marketing, intake and selection of buyers for PROJECT units, the DEVELOPER shall comply with non-discrimination and fair housing requirements listed in Section VIII. 2.Buyer Qualification – All buyers of NSP-assisted units shall be individuals and families whose incomes do not exceed 120% of area median income (referred to as “low-, moderate- and middle-income”, or LMMI), unless lower income limits are specified in Exhibit A. DEVELOPER shall verify and document income eligibility of all buyers in compliance with 570.203(a) definition of “Income.” 3.Counseling Requirement – Each NSP-assisted homebuyer is required to complete at least eight hours of homebuyer counseling from a HUD-approved housing counseling agency. First Mortgage – DEVELOPER must ensure that homebuyers obtain a mortgage loan from a lender who agrees to comply with the bank regulators’ guidance for non-traditional mortgages. DEVELOPERS are cautioned against providing or permitting homebuyers to obtain subprime mortgages for whom such mortgages are inappropriate. 4.First Mortgage- DEVELOPER must ensure that homebuyers obtain a mortgage loan from a lender who agrees to comply with the bank regulators’ guidance for non-traditional mortgages. DEVELOPERS are cautioned against providing or permitting homebuyers to obtain subprime mortgages for whom such mortgages are inappropriate. 5.Affordability Period – All NSP-assisted units must adhere to the affordability provisions as listed in Exhibit A, which is based upon the total amount of NSP funds provided per unit. a.Affordability periods must be enforced utilizing a mortgage, promissory note and, where applicable, deed restriction. b.The Affordability Period is a minimum standard, and DEVELOPER may propose a longer Affordability Period. H.Project Monitoring and Recordkeeping – The DEVELOPER will be monitored by the AGENCY for compliance with the NSP requirements and the applicable CDBG regulations of 24 CFR Part 570. The DEVELOPER will provide reports and access to project files as requested by the SUBGRANTEE during the PROJECT and for Five (5) years after completion and closeout of the AGREEMENT as required under Section IX of this Agreement. IV. SUBGRANTEE Responsibilities A.SUBGRANTEE is responsible for the following tasks and deliverables. B.The SUBGRANTEE shall furnish the DEVELOPER with information regarding requirements for the project, including any changes in NSP regulations or program limits that affect the project, including but not limited to income limits. C.Environmental Review – SUBGRANTEE will complete environmental assessments and provide clearances for all NSP target areas, as well as approvals of site-specific environmental reviews. DEVELOPER will provide all information required by SUBGRANTEE. D.Property Approval – SUBGRANTEE will provide prompt approval of any property selected by DEVELOPER and submitted on the form with all required documentation for approval. Failure to provide all required information will result in a delay in approval. Approval can only be provided on completion of environmental review. E.Homebuyer Counseling – SUBGRANTEE will contract with one or more agencies that are qualified to provide pre-purchase counseling and homebuyer education to prospective homebuyers, and will notify DEVELOPER of approved counselors so that the DEVELOPER can refer buyers. F.Inspections – The SUBGRANTEE will conduct progress inspections of work completed and review of project files and information to protect its interests as lender and regulatory authority for the project, and will provide information to the DEVELOPER regarding any progress inspections or monitoring to assist it in ensuring compliance. The SUBGRANTEE’s review and approval of the WORK will relate only to overall compliance with the general requirements of this Agreement and NSP requirements, and all SUBGRANTEE regulations and ordinances. G.Disbursements – SUBGRANTEE will manage all draws of NSP funds from HUD and payment of valid and properly documented draw requests from DEVELOPER. The SUBGRANTEE will disburse funds as provided in Section IV of this Agreement. SUBGRANTEE will process requests for disbursements of NSP funds, including necessary construction inspections, in a timely manner. SUBGRANTEE will clearly and promptly describe any deficiencies identified by SUBGRANTEE that prevent a disbursement or portion of a disbursement from being approved. H.Monitoring – SUBGRANTEE will monitor all program activities of DEVELOPER to assure compliance with the terms of this Agreement including all NSP requirements. I.Nothing contained herein shall relieve the DEVELOPER of any responsibility as provided under this Agreement. V. Disbursement of Funds A.Project expenses (excluding developer fee) shall be paid based on vouchers for actual expenses incurred or paid. All such expenses shall be in conformance to the approved project budget. Budget revision and approval shall be required prior to payment of any expenses not conforming to the approved project budget. B.Requests for payment must be submitted by the DEVELOPER on forms specified by the SUBGRANTEE, with adequate and proper documentation of eligible costs incurred in compliance with NSP and CDBG rules. The DEVELOPER agrees to submit requests for payment in a timely manner in the form and times directed by the SUBGRANTEE. C.The SUBGRANTEE will pay to the DEVELOPER funds available under this Agreement based upon information submitted by the DEVELOPER and consistent with any approved budget and SUBGRANTEE policy concerning payments. Payments will be made for eligible NSP related expenses actually incurred by the DEVELOPER, and will not exceed actual cash requirements. Payments will be adjusted by the SUBGRANTEE in accordance with advance fund and program income balances available in DEVELOPER accounts. In addition, the SUBGRANTEE reserves the right to liquidate funds available under this contract for costs incurred by the SUBGRANTEE on behalf of the DEVELOPER. D.To ensure expeditious implementation of activities, SUBGRANTEE make payment to the DEVELOPER promptly on receipt of the DEVELOPER’s complete and properly submitted requests for payment for activities under this agreement. Generally, requests for payment received by the end of day on Friday will be disbursed the following Friday. E.The NSP funds advanced to the Project will be secured by a note and mortgage on the property, which shall be released upon sale to an eligible buyer. F.The SUBGRANTEE reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The SUBGRANTEE also reserves the right to hold payment until adequate documentation has been provided and reviewed. G.The DEVELOPER may submit a final invoice upon completion. Final payment shall be made after the SUBGRANTEE has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with NSP regulations, including submission of a completion report and documentation of eligible occupancy, property standards and long-term use restrictions. H.The SUBGRANTEE shall pay the DEVELOPER, as maximum compensation or FEE for the developer services as provided in the approved Budget in Error! Reference source not found.. If multiple projects or buildings are involved, the developer fee may be pro-rated to each building or project, and the applicable percentage may be applied to each. I.The DEVELOPER shall report to SUBGRANTEE at time of sale any net proceeds of sales, after the payment of all closing costs and approved developer fee, under this contract, and shall comply with the following (as checked): The DEVELOPER may reuse such net proceeds of sale during the contract period for NSP-eligible activities permitted under this contract and shall reduce requests for additional funds by the amount of any such proceeds on hand. All unexpended net proceeds shall be returned to the SUBGRANTEE at the end of the contract period. The DEVELOPER shall return the net proceeds of each sale to the SUBGRANTEE at each closing. VI. Repayment of Funds A.All NSP funds are subject to repayment in the event the PROJECT does not meet the Project Requirements and Other Requirements as outlined in this Agreement, including deadlines. B.It is understood that, upon the completion of the PROJECT, any NSP funds obligated but not expended under this agreement will revert to the SUBGRANTEE. C.All net sales proceeds after payment of all development and closing costs, including developer fee, shall be returned to the SUBGRANTEE. D.Prior to each closing or sale to an eligible buyer, the DEVELOPER will provide to the SUBGRANTEE the estimated settlement statement, along with a reconciliation statement and the draft note and mortgage. The reconciliation statement shall account for the pro-ration of NSP project funds to the individual unit, and identify those funds that are to be lent to the buyer secured by the NSP note and mortgage, the amount of developer fee and the amount of net sales proceeds to be returned to the SUBGRANTEE. VII. Contracting, Labor & Hiring Provisions During the performance of this contract, the DEVELOPER agrees as follows: A.The DEVELOPER will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin(s). The DEVELOPER will take affirmative action to ensure the applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin(s). Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The DEVELOPER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer of the SUBGRANTEE setting forth the provisions of this nondiscrimination clause. B.The DEVELOPER will, in all solicitations or advertisements for employees placed by or on behalf of the DEVELOPER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C.The DEVELOPER will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. D.The DEVELOPER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the AGENCY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and order. 1.In the event the DEVELOPER is found to be in noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the DEVELOPER may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of the Secretary of Labor or as otherwise provided by law. E.The DEVELOPER shall conduct all contracting and purchases with NSP funds to ensure that materials and services are obtained in a cost-effective manner. When procuring for services to be provided under this agreement, the DEVELOPER shall adhere all NSP and Local, State and Federal guidelines, rules and laws. F.The DEVELOPER will include the provisions of this Section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The DEVELOPER will take such action with respect to any subcontract or purchase order as the AGENCY may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the DEVELOPER becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result of such direction by the AGENCY, the DEVELOPER may request the United States to enter into such litigation to protect the interest of the United States. G.The DEVELOPER agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. H.The DEVELOPER agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act, as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. I.The DEVELOPER agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The DEVELOPER shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the SUBGRANTEE for review upon request. J.The DEVELOPER will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group developers or women. The DEVELOPER may rely on written representations by businesses regarding their status as minority and women-owned business enterprises in lieu of an independent investigation. K.The DEVELOPER agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the SUBGRANTEE pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the DEVELOPER of its obligation, if any, to require payment of the higher wage. The DEVELOPER shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. The DEVELOPER shall comply with the provisions of the Copeland Anti-Kick-Back Act (18 U.S.C. 874) as supplemented in the AGENCY of Labor Regulations (29 CFR Part 3), as amended. L.Compliance with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the SUBGRANTEE, the DEVELOPER and any of the DEVELOPER’s contractors and subcontractors. The DEVELOPER certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 1.The DEVELOPER further agrees to comply with these Section 3 requirements and to include the following language in all subcontracts executed under this Agreement: “The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.” 2.The DEVELOPER further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the NSP-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the NSP-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. 3.The DEVELOPER further warrants and agrees to include or cause to be included the criteria and requirements of this Section in every non-exempt subcontract in excess of $100,000. The DEVELOPER also agrees to take such action as the federal, state or local government may direct to enforce aforesaid provisions. VIII. Compliance with Other Federal, State & Local Laws A.The DEVELOPER covenants and warrants that it will comply with all applicable laws, ordinances, codes, rules and regulations of the state local and federal governments, and all amendments thereto. B.Environmental review – All NSP assistance is subject to the National Environmental Policy Act of 1969 and related federal environmental authorities and regulations at 24 CFR Part 58. 1.No NSP project funds will be advanced, and no costs can be incurred, until the SUBGRANTEE has conducted an environmental review of the proposed project site as required under 24 CFR Part 58. The environmental review may result in a decision to proceed with, modify or cancel the project. Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the SUBGRANTEE of a release of funds from the U.S. Department of Housing and Urban Development [or the State of Wisconsin] under 24 CFR Part 58. 2.Further, the DEVELOPER will not undertake or commit any funds to physical or choice-limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance, and must indicate that the violation of this provision may result in the denial of any funds under the agreement. 3.A copy of the Environmental Review Record shall be maintained by both the DEVELOPER and the SUBGRANTEE. C.Flood Disaster Protection – In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the DEVELOPER shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation.) D.Historic Preservation – The DEVELOPER agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. E.Relocation – The DEVELOPER agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24; 24 CFR Part 42 – Displacement, Relocation Assistance and Real Property Acquisition for HUD and HUD Assisted Programs; and 24 CFR 570.606 – Displacement, relocation acquisition, and replacement of housing, as may be amended by the NSP NOFA. The DEVELOPER also agrees to comply with applicable SUBGRANTEE or local ordinances, resolutions and policies concerning the displacement of persons. 1.To meet these requirements, the owner of record must be notified in writing that Federal financial assistance will be used in the transaction and that if agreement cannot be reached through negotiation, that the acquisition will not take place. There are specific URA voluntary acquisition requirements that must be met depending on whether or not the buyer has the power of eminent domain and will not use it (see 49 CFR 24.101(b)(1)(i)-(iv)) or if the buyer does not have the power of eminent domain (see 49 CFR 24.101(b)(2)). Any acquisition under possible threat of eminent domain, cannot be considered a “voluntary acquisition” (even if the seller is willing to negotiate). 2.The relocation provisions of the Uniform Relocation Act apply to NSP funds. An unlawful occupant (see 49 CFR 24.2(a)(29)) who is displaced for an NSP-funded acquisition will not be entitled to relocation assistance and payments. However, a lawful occupant displaced for an NSP-funded acquisition will generally be eligible for relocation assistance and payments under URA. The DEVELOPER shall provide appropriate relocation assistance (URA or Section 104(d)) to eligible displaced persons as defined by applicable HUD and/or URA regulations that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for an NSP-assisted project. F.The DEVELOPER agrees to comply with applicable state and local civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended (the HCDA), Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086, and will include the provisions in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its contractors and subcontractors. G.The DEVELOPER agrees to comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). H.The DEVELOPER agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the United States Code. The DEVELOPER is prohibited from using funds provided herein or personnel employed in the administration of the program for inherently religious activities, lobbying, political patronage, and nepotism activities. I.Conflict of Interest – The provisions of 24 CFR 570.611, apply to the award of any contracts under the agreement and the selection of buyers for NSP-assisted units. No member or Delegate to the Congress of the United States shall be permitted to any share or part of this contract or any benefit herefrom. No member, officer or employee of the SUBGRANTEE; or its designees, or agents; or member of the SUBGRANTEE Council of the SUBGRANTEE; and no other public official of the SUBGRANTEE who exercises any functions or responsibilities with respect to the program during his tenure or for one (1) year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed under this agreement. Exceptions must be requested by the DEVELOPER and the AGENCY may grant exceptions as permitted by Regulation. IX. Reporting, Monitoring & Access to Records A.The DEVELOPER agrees to submit any and all reports required by HUD or the SUBGRANTEE. B.The DEVELOPER shall collect and maintain Project beneficiary information pertaining to household size, income levels, racial characteristics, and the presence of Female Headed Households in order to determine low and moderate-income benefit in a cumulative and individual manner. Income documentation shall be in a form consistent with NSP requirements. C.The DEVELOPER agrees to provide the SUBGRANTEE access to records and projects at any time during project implementation or for five years after project closeout for purposes of verifying compliance with NSP requirements and this agreement. Access shall be immediately granted to the SUBGRANTEE, HUD, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the DEVELOPER or its contractors which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. D.The SUBGRANTEE reserves the right to audit the records of the DEVELOPER any time during the performance of this Agreement and for a period of five years after final payment is made under this Agreement. If required by A-133, the DEVELOPER will provide the AGENCY with a certified audit of the DEVELOPER’s records representing the Fiscal Year during which the PROJECT becomes complete. E.Project Closeout – The DEVELOPER’s obligation to the SUBGRANTEE shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, accounting for use of funds, provision of all reports and records required by the SUBGRANTEE. X. Suspension & Termination In accordance with 24 CFR 85.43, suspension or termination may occur if the DEVELOPER materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. A.If the DEVELOPER fails in any manner to fully perform and carry out any of the terms, covenants, and conditions of the agreement, or if the DEVELOPER refuses or fails to proceed with the work with such diligence as will insure its completion within the time fixed by the schedule set forth in this agreement, the DEVELOPER shall be in default and notice in writing shall be given to the DEVELOPER of such default by the AGENCY or an agent of the AGENCY. If the DEVELOPER fails to cure such default within such time as may be required by such notice, the SUBGRANTEE, acting by and through the AGENCY, may at its option terminate and cancel the contract. 1.In the event of such termination, all funds awarded to the DEVELOPER pursuant to this agreement shall be immediately revoked and any approvals related to the PROJECT shall immediately be deemed revoked and canceled. In such event, the DEVELOPER will no longer be entitled to receive any compensation for work undertaken after the date of the termination of this agreement, as the grant funds will no longer be available for this project. 2.In such event, the DEVELOPER shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder to the date of said termination. 3.Notwithstanding the above, the DEVELOPER shall not be relieved of liability to the SUBGRANTEE for damages sustained by the SUBGRANTEE by virtue of any breach of the contract by the DEVELOPER and the SUBGRANTEE may withhold any payments to the DEVELOPER for the purpose of setoff until such time as the exact amount of damages due the SUBGRANTEE from the DEVELOPER is determined whether by court of competent jurisdiction or otherwise. 4.Such termination shall not effect or terminate any of the rights of the SUBGRANTEE as against the DEVELOPER then existing, or which may thereafter accrue because of such default, and the foregoing provision shall be in addition to all other rights and remedies available to the SUBGRANTEE under the law and the note and mortgage (if in effect), including but not limited to compelling the DEVELOPER to complete the project in accordance with the terms of this agreement, in a court of equity. 5.The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof. B.The SUBGRANTEE may terminate for its convenience this contract at any time by giving at least thirty (30) days notice in writing to the DEVELOPER. If the contract is terminated by the SUBGRANTEE, as provided herein, the SUBGRANTEE will reimburse for any actual and approved expenses incurred, including those costs involved in terminating the contracts and shutting down the work as of the date of notice, and the DEVELOPER will be paid as a FEE an amount which bears the same ratio to the total compensation as the services actually performed bear to the total service of the DEVELOPER covered by this contract, less payments of compensation previously made. Claims and disputes between the parties will be submitted to the American Arbitration Association for resolution. Award or judgment may be entered in any court having jurisdiction thereof. XI. Amendments A. The SUBGRANTEE may amend this Agreement at any time provided that such amendments make specific reference to this agreement, and are executed in writing, signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release the SUBRANTEE or the DEVELOPER from their obligations under this Agreement. Such amendments may Include reallocation of program income to the DEVELOPER for additional NSP activities. XII. General Conditions A.All notices or other communication which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. SUBGRANTEE DEVELOPER City of Janesville, Neighborhood Services Dept. Wisconsin Partnership for Housing Development 18 N. Jackson St., P.O. Box 5005 121 S. Pinckney St., Suite 420 Janesville, WI 53547-5005 Madison, WI 53703 B.Title and paragraph headings are for convenient reference and are not a part of this Agreement. C.In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. No waiver or breach of any provision of this Agreement shall constitute a waiver of a subsequent breach of D. the same or any other provision hereof, and no waiver shall be effective unless made in writing. E.The SUBGRANTEE’s failure to act with respect to a breach by the DEVELOPER does not waive its right to act with respect to subsequent or similar breaches. The failure of the SUBGRANTEE to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. F.The parties hereto agree that this Agreement shall be construed and enforced according to the laws of the State of Wisconsin. G.Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Wisconsin or the SUBGRANTEE, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. H.The obligations undertaken by DEVELOPER pursuant to this Agreement shall not be delegated or assigned to any other person or agency unless SUBGRANTEE shall first consent to the performance or assignment of such service or any part thereof by another person or agency. I.The Agreement shall be binding upon the parties hereto, their heirs, executors, legal representative, successors and assigns. J.DEVELOPER shall indemnify and save SUBGRANTEE harmless from and against any negligent claims, liabilities, losses and causes of action which may arise out of DEVELOPER’s activities under this Agreement, including all other acts or omissions to act on the part of DEVELOPER, including any person acting for or on its behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorneys fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. K.DEVELOPER and its employees and agents shall be deemed to be independent contractors, and not agents or employees of the SUBGRANTEE, and shall not attain any rights or benefits under the civil service or pension ordinances of the SUBGRANTEE, or any rights generally afforded classified or unclassified employee; further they shall not be deemed entitled to state Compensation benefits as an employee of the SUBGRANTEE. L.Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. IN WITNESS WHEREOF, the SUBGRANTEE of the State of Wisconsin and the DEVELOPER have caused their signatures to be hereunto affixed and duly attested For the SUBGRANTEE: For the DEVELOPER: ___________________________________ ___________________________________ Jennifer Petruzzello, Neighborhood Services Director Kathy Kamp, Deputy Director City of Janesville Wisconsin Partnership for Housing Development Exhibit A. Project Description & Requirements The project involves the acquisition/rehabilitation/ and resale of the property at 403 Lincoln Street. This will result in the conversion of a 2-unit home into a single family owner-occupied home. This property is located in census track 3. The home will be re-sold to an income eligible household at a maximum income level of 120% of LMI or less. . The property to be acquired is a vacant and abandoned residential property. It is a program goal of this NSP project to increase the level of sustainability and energy efficiency in residential property in the City of Janesville through rehabilitation and reconstruction of vacant, abandoned and/or foreclosed properties. Within the context of this project, energy efficiency and sustainability are to be understood as incorporating both specific types of construction practices and building materials. We consider these issues to be fundamental aspects of quality housing rehabilitation and reconstruction. An energy efficient and sustainable approach provides both environmental and health merits which traditional construction methods have typically not considered. The production and use of these “green” methodologies means less energy consumption, less natural resource depletion and pollution, and are generally less toxic for both the planet and its occupants. For this project, the selection and implementation of sustainable building materials and practices will be considered a critical component of overall project success. To achieve this goal we propose the following:  All units being rehabbed in the City of Janesville will have an energy audit conducted prior to work commencing. The findings of these audits will be used as a guide in the creation of the rehab work plans. All units built new will conform to Energy Star new construction standards, using an energy audit during the building process to ensure compliance. Through this process, the work done using NSP funds will ensure that the homes are as energy efficient as possible regarding issues of insulation and air infiltration.  As a part of the program, all units will come equipped with new Energy Star rated appliances.  All works sites (demolition, rehabilitation, and new construction) will practice on-site construction recycling in an attempt to eliminate as much construction waste as possible.  Within budget constraints, material choice will give preference to items that demonstrate ‘green’ and recycled features. This can range from sustainably harvested and local lumber products to materials like counter tops and siding that are created out of post consumer waste. In addition, low VOC adhesives, finishes, paints, and carpets will be given preference in all the units.  We will investigate the physical and financial feasibility of using gray water systems, unique storm water management techniques, and solar hot water on each unit. Sales prices will be determined by a market analysis done by a Wisconsin licensed real estate agent upon individual completion of the projects. Each property acquired with NSP 3 funds will operate with the affordability requirements as stipulated in the HOME program rules. To ensure compliance the program will utilize a recapture methodology which is detailed below. The duration of the affordability period will be based on the total amount of direct subsidy made to the buyer with NSP funds. Under this program, the total direct subsidy exists in three forms; down payment assistance, closing cost assistance, and a soft second mortgage loan. The type of subsidy used will be determined based upon the need of the buyer. In all cases the assistance will be in the form of a zero percent interest, forgivable loan that is secured by a loan agreement and a mortgage that will be in second position to the first mortgage. If the buyer remains in the purchased NSP property as their primary residence for the entirety of the assigned affordability period, the NSP subsidy is forgiven completely. However, if for any reason the buyer sells the NSP property prior to the end of the designated affordability period, a portion of the subsidy will be recaptured. The amount recaptured will be determined pro rata based on how many years of the affordability period the home owner completed. Under this program, the recapture of funds is only applicable to the amount of the subsidy, and is not tied to any appreciation that the property experiences. After paying the determined recapture cost, the buyer is entitled to any additional gains made through the sale of the property. We believe this type of benefit package will be necessary to effectively market and sell the properties to potential buyers given the constraints of the location. Exhibit B. Project Budget & Schedule PROGRAM TIMETABLE The Grantee agrees to complete the housing activities according to the following schedule: On or Before Housing Activity 06/30/12 Finalize agreements with partnering organizations Establish record keeping system Execute grant agreement 09/30/12 Set-up __1_ Acquisition/Rehab/Resale $ EXPENDED: $10,000 12/31/12 $ EXPENDED: $50,000 (cumulative) 03/31/13 $ EXPENDED: $97,622 (cumulative) 06/30/13 $ EXPENDED: $97,622 (cumulative) 09/30/13 $ EXPENDED: $109,622 (cumulative) 12/31/13 MUST =100% OF CONTRACT $) $ EXPENDED $109,622 Budget—Acquisition and Rehab 403 Lincoln Street Acquisition (Hard Cost) Expenses Acquisition Cost $ 1,500 Closing Costs and Fees $ - SUBTOTAL $ 1,500 Rehabilitation (Hard Cost) Total Construction Costs $ 85,000 Construction Loan Fees/Interest $ Construction Contingency $ 5,000 SUBTOTAL $ 90,000 Housing Management (Soft Costs) 9 months estimated Insurance $ 750 Maintenance (lawn & snow) $ 900 Utility Bills $ 1,125 Pro rated share of Real Estate Taxes $ 1,102 Energy Audit $ 400 Appraisal_ Pre Rehab $ 350 Appraisal_ Post Rehab $ 350 Lead and Environmental Assessments $ 400 Lead Clearance Test $ 400 Conditions Inspection-Pre Purchase $ 300 Conditions Inspection-Post Rehab $ 300 SUBTOTAL $ 6,377 TOTAL COST—403 Lincoln Street $ 97,877 Developer Fee $ 11,745 TOTAL WITH DEVELOPER FEE $ 109,622 Exhibit C. NSP Project Approval Request Form See the Neighborhood Stabilization Project Feasibility Analysis Template and instruction manual in the NSP toolkit. To be completed for each project. CITY MANAGER’S OFFICE MEMORANDUM June 1, 2012 TO: City Council FROM:Rebecca Smith, Management Assistant SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Execute a Facility Use Agreement with the Janesville School District (File Resolution No. 2012 – 918) Request Staff request the Council approve File Resolution No. 918 authorizing the City Manager to execute a Facility Use Agreement with the Janesville School District. Recommendation The City and Janesville School District have worked cooperatively to share facilities since 1979; this is an excellent example of governmental shared services. Staff recommends the Council approve File Resolution No. 918 authorizing the City Manager to execute a Facility Use Agreement with the Janesville School District. City Manager Recommendation The City Manager requests consideration of approval of the Joint Use Agreement. I believe the agreement has been structured to allow both the School and City to be able to easily see the costs associated with the shared uses. Background Since 1979 the school district and the City have shared facilities, such as the athletic fields, cafeterias, classroom/meeting space, ice skating center, gymnasiums, golf course, and swimming pools by allowing the other to make reservations free of charge. The last official agreement with the City was in place from 2006-2011. Since the summer of 2011, the City Manager, Acting Recreation Director and Management Assistant have been meeting with school district official to finalize the new agreement. Tru-Up Program One new component of this agreement is the implementation of a “Tru-Up” system. This system requires each entity to keep track of reservations made by the other entity and assign a dollar value to each reservation based upon the attached fee appendices. Every three months the entities will compare records to ensure accuracy. At the end of the 12 month period (September 1 – August 31), the entity with the higher total cost for use of the other party’s facilities shall pay the difference between the parties’ total costs for use of facilities. For example, if the school district uses reservations totaling $14,000 at city facilities during the 12 month period and the City uses $15,000 worth of reservations at school district facilities, the City would pay the school district $1,000. The purpose of the Tru-Up system is to recognize that each facility does have a monetary value and to recognize that each reservation made under the shared facilities agreement is one less full-price reservation that could be made to a private agency. We expect the usage of the city and school district to be comparable, thus having a small Tru Up expense each year. Certain items are excluded from the Tru-Up program, including equipment rental fees, weekend pavilion rentals, special event fees for public events held on city-owned property, or reservations made for WIAA tournaments. Agreement Terms The general terms of the agreement are as follows: 1. The agreement is for three (3) years commencing on September 1, 2011 and ending on August 31, 2014 and may be renewed for three years unless an entity states in writing otherwise. 2. The majority of city and school district facilities are included in this agreement; exceptions are made for areas leased to other parties, such as the American Legion baseball diamond or the Youth Sports Complex. 3. Highest priority for reservations shall go to the party owning the facility; the other party (school district or city) shall receive second highest priority, provided reservations are requested in a timely manner. Ice arena reservations are scheduled differently and are based upon prior year usage. 4. Each entity generally maintains their facilities. 5. Reservation fees are outlined in the attached appendices; reservation fees may be increased a maximum of 4% each 12 months of the agreement. 6. Because the golf course enterprise fund needs to be made whole for school district usage of the courses, the Recreation Department continues to budget funds to pay for the rounds used by the school district; in turn, the school district’s tee times at the golf courses are included in their balance of Tru Up expenses. Analysis The City and school district have shared facilities for several years. This agreement benefits both the city and school district because each entity has access to facilities they may not otherwise have available. CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager Attachments: Resolution No. 2012-918; Facility Use Agreement & Appendices A- C Resolution # 2012-918 A Resolution Authorizing the City Manager to Execute a Facility Use Agreement with the Janesville School District WHEREAS , the CITY is the owner of a variety of public facilities including, but not limited to, athletic fields, tennis courts, parks and park facilities, golf courses, an ice center, outdoor pools and an arboretum; and WHEREAS , the SCHOOL DISTRICT is the owner of a variety of school facilities including, but not limited to, indoor pools, gymnasiums, auditoriums, class rooms, weight rooms, cafeterias and exterior developed grounds including athletic fields and playground facilities; and WHEREAS , the CITY and the SCHOOL DISTRICT have an interest in using each other’s facilities for the purpose of conducting sports and recreational programs for youth and adults, community events and other leisure opportunities within the scope of services of the respective agencies; and WHEREAS , the SCHOOL’S Recreation Department left the jurisdiction of the SCHOOL DISTRICT in January 1979 and became a part of the CITY and correspondingly the SCHOOL DISTRICT became a unified school district within the State of Wisconsin; and WHEREAS , since January 1979 the CITY and the SCHOOL DISTRICT have been using each other’s facilities; and WHEREAS , it is in the best interest of the CITY, SCHOOL DISTRICT and community, and their residents and guests, to continue to use and mutually exchange use of public facilities; and WHEREAS , it is in the best interest of the CITY and SCHOOL DISTRICT to establish a written agreement that sets forth a framework for allocating use of facilities by and between the parties and the specific conditions, understandings and obligations of such use; WHEREAS , the Common Council hereby find that this Facility Use Agreement and its execution by the City is in the best interest of and of benefit to the City of Janesville, the community, its residents, businesses, as well as the surrounding area; and WHEREAS , such Agreement and its terms, conditions, obligations, and promises are permitted by law and the Common Council are empowered to enter into such Agreement, pursuant to Wis. Stats. §§ 66.0101, 62.11(5), 62.22, and 62.23(17) (b), and other pertinent Wisconsin Statutes. NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that the Facility Use Agreement with the Janesville School District is approved and authorized upon the terms, conditions, obligations, provisions, and promises set forth above and therein as proposed by the City Administration; and further, the City Manager and/or his designee(s), on behalf of the City of Janesville, are authorized to execute and enter into the Agreement with the Janesville School District; and BE IT FURTHER RESOLVED by the Common Council that the City Manager and/or his designees are hereby authorized to negotiate, renew, amend, execute, and enter into such documents, papers, agreements, and forms, and to take whatever other actions, that the City Manager may, from time to time, find necessary, desirable, and/or beneficial to effectuate the Agreement and/or the intent of this Resolution. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Dongarra-Adams Farrell Eric J. Levitt, City Manager Kealy Liebert ATTEST: Severson Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: City Manager’s Office, Recreation Prepared by: Mgt Asst CITY OF JANESVILLE AND SCHOOL DISTRICT OF JANESVILLE FACILITY USE AGREEMENT This Agreement is made by and between the City of Janesville, a Wisconsin Municipal Corporation located in the County of Rock conducting its principal business at 18 North Jackson Street (hereinafter the “CITY”); and The School District of Janesville, a unified school system located in the County of Rock conducting its principal business at 527 South Franklin Street, Janesville, WI, (hereinafter the “SCHOOL DISTRICT”). RECITALS WHEREAS , the CITY is the owner of a variety of public facilities including, but not limited to, athletic fields, tennis courts, parks and park facilities, golf courses, an ice center, outdoor pools and an arboretum; and WHEREAS , the SCHOOL DISTRICT is the owner of a variety of school facilities including, but not limited to, indoor pools, gymnasiums, auditoriums, class rooms, weight rooms, cafeterias and exterior developed grounds including athletic fields and playground facilities; and WHEREAS , the CITY and the SCHOOL DISTRICT have an interest in using each other’s facilities for the purpose of conducting sports and recreational programs for youth and adults, community events and other leisure opportunities within the scope of services of the respective agencies; and WHEREAS , the SCHOOL’S Recreation Department left the jurisdiction of the SCHOOL DISTRICT in January 1979 and became a part of the CITY and correspondingly the SCHOOL DISTRICT became a unified school district within the State of Wisconsin; and WHEREAS , since January 1979 the CITY and the SCHOOL DISTRICT have been using each other’s facilities; and WHEREAS , it is in the best interest of the CITY, SCHOOL DISTRICT and community, and their residents and guests, to continue to use and mutually exchange use of public facilities; and WHEREAS , it is in the best interest of the CITY and SCHOOL DISTRICT to establish a written agreement that sets forth a framework for allocating use of facilities by and between 1 the parties and the specific conditions, understandings and obligations of such use; NOW, THEREFORE , in consideration of the fulfillment of the obligations of each of the parties hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged, IT IS MUTUALLY AGREED AND PROMISED, by and between the CITY and SCHOOL DISTRICT as follows: I. TERM OF AGREEMENT 1. The initial term of this agreement shall be for three (3) years commencing on September 1, 2011 and ending on August 31, 2014. 2. This agreement shall renew for a three (3) year renewal term at the end of the initial term and/or the end of any renewal term unless a party delivers written notice to the other party terminating the renewal provisions of this agreement no less than sixty (60) days prior to the end of the initial term or renewal term then in effect. During any such renewal term, the agreement terms contained herein shall be the same. Prior to each renewal, however, the School District and the City of Janesville shall have a meeting to discuss generally how the agreement is working to keep communication open. II. PREMISES 1. Included. All current and future structures, buildings, facilities, and property used for athletic and educational programming of the parties shall be subject to the terms of this agreement, unless specifically excluded in whole or part herein. 2. Partially Included. The following facilities of the parties are subject to the terms of this agreement only to the extent stated below: a. CITY’s Veteran’s Memorial Baseball Field at Riverside Park. This facility is leased to the American Legion, but the CITY maintains the grass at competition-level standards. Coordination for use of this facility is not governed by the terms of this agreement and the SCHOOL DISTRICT must coordinate with the American Legion for use of the facility. Maintenance fees due to the CITY and associated with use of this facility may be assessed as described in Section VI., entitled “Financial Responsibilities”, below. b. CITY’s Baseball/Softball Fields. The SCHOOL DISTRICT’s high school and middle school softball teams will make maximum use of 2 the SCHOOL DISTRICT athletic fields. Except as provided below in Subsection III.6B, entitled “Scheduling Use of Facilities”, priority under this agreement to the SCHOOL DISTRICT for the use of CITY athletic fields for high school and middle school softball shall only be granted upon the SCHOOL DISTRICT’s showing that all of its own athletic fields suitable for such use are fully utilized for the period of the relevant Request for Facility Use (defined below). 3. Excluded: The following facilities of the parties are not subject to the terms of this agreement: a. CITY’s Youth Sports Complex. This facility is not a part of this Use Agreement because the CITY has leased this site to various youth sports organizations. However, the SCHOOL DISTRICT may request use of this facility without priority under the terms of this agreement, by making proper application to the Youth Sports Coalition. b. CITY’s Tennis Courts. High school tennis shall normally take place at the respective high school tennis courts on SCHOOL DISTRICT property. Except as provided below in Subsection III.6A, entitled “Scheduling Use of Facilities”, the SCHOOL DISTRICT shall not be given priority under the terms of this agreement for use of CITY tennis courts for high school tennis programs and activities. III. SCHEDULING USE OF FACILITIES 1. Priority of Requests for Facility Use. a. Each party may allocate the use of its own facilities first to its own programs and activities. b. Each party shall give first priority for the use of its facilities, aside from such a party’s own use, to the other party as to timely delivered Requests for Facility Use (defined below). c. Any request for the use of a facility made by a party outside of the deadlines established herein for Requests for Facility Use may be considered by the other party with or without priority, in the sole discretion of the facility owner party, among requests received from nonparties to this agreement. d. Exceptions to this allocation of priority between the parties with respect to certain programs and activities and/or facilities are stated in Subsection 3 below. 3 2. Annual Requests for Facility Use. Each year, on or before May 1st, the CITY and SCHOOL DISTRICT shall submit in writing their respective annual Requests for Facility Use (defined below) in the subsequent school year, being September 1st through August 31 (herein after “School Year”). (Example for the 2012-2013 School st Year: No later than May 1, 2012, the CITY and SCHOOL DISTRICT shall each submit a Request for Facility Use to the other). Each “Request for Facility Use” shall identify the following information associated with each requested use: program(s) or activity(ies), site location(s), rooms and facilities needed, dates, and times. Each such annual Request for Facility Use shall include all requested uses of the other party’s facilities during the subsequent School Year, except those specific Requests for Facility Use described below which shall be submitted according to the dates stated below. 3. Specific Requests for Facility Use. The parties recognize that the use of some facilities for certain programs and activities cannot be reasonably requested within an annual Request for Facility Use that shall be submitted on or before May 1st each year. Therefore, Requests for Facility Use associated with the following programs and activities and/or facilities shall be specifically made by the parties according to the following terms: a. CITY Golf Courses. The SCHOOL DISTRICT’s boys golf schedule (spring) Request for Use shall be submitted to the CITY no later than December 1 of each year. The SCHOOL DISTRICT’s girls golf schedule (fall) Request for Use shall be submitted to the CITY no later than April 1 of each year. The SCHOOL DISTRICT shall then negotiate golf course rounds directly with the Golf Course Manager, and without priority for use as stated above. b. CITY Ice Arena. Because of the complexity of scheduling ice time at the indoor ice arena, the SCHOOL DISTRICT shall submit its Request for Facility Use related to hockey season practice hours and games separately to the CITY, but still no later than May 1st each year for the subsequent School Year. The CITY shall consult with the Ice Arena Manager and consider such Request for Facility Use without priority for use as stated above. Prime Hours for the Ice Arena are between 4:00 p.m. and 10:00 p.m. on Mondays through Fridays and all hours the facility is open on weekends and city-designated holidays. Non- Prime Hours are all other hours the facility is open. 4. Notice of Scheduling Conflicts. The CITY and SCHOOL DISTRICT shall each notify the other in writing within ten (10) days of receipt of a Request for Facility Use if any conflicts or problems exist which prohibit acceptance of a Request for Facility Use in whole or in part. Such notice shall specifically state the nature and extent of the conflict or problem. If notice is not provided as stated above, the Request for Facility Use shall be deemed approved in full and as requested. When school is 4 not in regular session, the SCHOOL DISTRICT shall provide such notice as reasonably available but within at least forty five (45) days of receipt of a Request for Facility Use. a. Upon receipt of a notice of conflict, the party that submitted the Request for Facility Use may then within ten (10) days amend its Request for Facility Use. The other party shall reasonably disclose its facility schedules to the requesting party in order to facilitate amendment to the Request for Facility Use. Amended Requests for Facility Use that are received timely according to the provisions of this subsection shall be deemed timely Requests for Facility Use. b. If the party that submitted the Request for Facility Use does not amend its Request for Facility Use within ten (10) days of receiving a notice of conflict, then the noticed parts of the Request for Facility that are in conflict shall be deemed stricken from the original Request for Facility Use. A party’s original Request for Facility Use may not then be amended as stated above without the written consent of the other party; if the other party gives such written consent, then such amendment shall be considered timely. A party’s subsequent untimely Request for Facility Use or untimely amendment to a Request for Facility Use with regard to such stricken parts may be considered by the receiving party among nonparty requests, with or without priority in the facility owner party’s sole discretion. 5. Request for Scheduling Changes & Cancellations. Once a Request for Facility Use is approved, any request for change(s) and cancellations by the party that submitted the original Request for Facility Use shall be directed to the Recreation Director on behalf of the CITY, and the Chief Financial Officer or his designee on behalf of the SCHOOL DISTRICT. Such requests for scheduling changes and cancellations shall be treated as timely Requests for Facility Use, except that all then scheduled programs and activities of nonparties shall be deemed to be programs and activities of the party owning the facility with regard to priority under Subsection 1, above. Any request for change or cancellation submitted by the facility owner party may be considered by the other party in its sole discretion, unless the reason for the scheduling change is non-availability of the facility as provided for in Subsection 6, below. 6. Non-Availability of Facility. The CITY and SCHOOL DISTRICT shall each provide notice to the other not less than six (6) months in advance, or as soon as possible after knowing a situation arises within such six (6) months, in the event that a facility shall not be available for scheduled programs or activities because of unforeseen facility problems or renovation work which would prohibit use by participants and spectators. The party displaced as a result of such non-availability of facility notice 5 may then request a scheduling change which shall be considered a timely Request for Facility Use, except that all then scheduled programs and activities of nonparties shall be deemed to be programs and activities of the party owning the facility with regard to priority under Subsection 1, above. a. Craig High School may use up to six CITY tennis courts located west of Mohawk Drive in Palmer Park for practices and up to nine of such CITY courts for meets. Whenever possible, a portion of such CITY tennis courts shall remain available for public use. The specific court needs for tennis shall be scheduled by the Recreation Director in his/her sole discretion. b. The CITY shall make available to the SCHOOL DISTRICT the Dawson Softball Complex to coincide with the school’s annual conference schedule at the start of the season (currently beginning the first week in April). The SCHOOL DISTRICT will be billed by the CITY and shall pay for all costs arising from and/or incurred in field preparation on or before the start of the adult softball leagues (currently the first Sunday in May). Such bill and payment shall not be a part of the Tru Up Program (defined below). After adult softball leagues start (first Sunday in May) each year, a maximum of three diamonds will be available to the SCHOOL DISTRCT at the Dawson Softball Complex until the end of the SCHOOL DISTRICT’s softball season. With the exception of Varsity competition, all SCHOOL DISTRICT games must be completed by 5:30 PM. c. Leisure Services of the CITY is currently responsible for scheduling the use of SCHOOL DISTRICT athletic fields annually from the time SCHOOL DISTRICT programs terminate in the spring until SCHOOL DISTRICT programs commence in the fall. The CITY and SCHOOL DISTRICT acknowledge that at some time during the term of this agreement, the CITY may recommend a policy change with regard to this arrangement. While the CITY maintains responsibility for scheduling use of SCHOOL DISTRICT athletic fields during the summer months, the CITY shall have first priority to schedule the use of SCHOOL DISTICT athletic fields for Leisure Services programs during such summer months. SCHOOL DISTRICT athletic fields not used by Leisure Services will be available to the general public on a first-come, first-serve basis. The CITY shall provide at least one hundred and twenty (120) days notice to the SCHOOL DISTRICT before implementation of any policy change with regard to its current responsibility for scheduling use of SCHOOL DISTRICT athletic fields during the summer months. XI. ACCESS TO FACILITIES 1 When it is practical and within acceptable operating procedure, in the sole determination of the facility owner party, the CITY and SCHOOL DISTRICT shall 6 exchange building and facility keys to provide convenient access by coaches, program supervisors and scorekeepers. Certain facilities, such as the Ice Arena, Dawson Park and the golf courses shall be open and accessible during scheduled use hours and, therefore, no keys shall be exchanged. 2 Certain facilities such as the SCHOOL DISTRICT’S buildings shall be secured, but a School District custodian shall be on duty during all scheduled use times to provide ready and convenient access for participants, spectators and program staff to the facility or portion of a facility to be used. 3 The CITY and SCHOOL DISTRICT shall be responsible for timely providing each other with new keys, when keys have been exchanged and when keys or locks are changed for whatever reason. Keys may be kept from season to season but the keys shall not be reproduced without the consent of the facility owner party. Lost keys and all expenses arising from re-keying or installing new locks if keys are lost shall be the sole financial responsibility of and paid for by the party who lost the key(s). A party who loses a key must notify the other party within 24 hours of discovering such loss. 7. MAINTENANCE 1. The CITY and SCHOOL DISTRICT shall provide routine and customary maintenance to their respective facilities and at all times provide reasonably safe and usable facilities. Examples of maintenance activities include, but are not limited to, basic custodial and janitorial tasks, cleaning, washing, and sweeping of, and preparation to all buildings, facilities and grounds, replacing light bulbs, and undertaking repairs to facilities and equipment. a. Each party shall timely ready facilities for use by the other party. (As examples: the CITY shall line athletic fields for sports events and resurface the ice at the arena; the SCHOOL DISTRICT shall clean and prepare and set up each school facility following school games/meets held prior to CITY use). b. At the Robert O. Cook Memorial Arboretum the CITY will maintain, at its sole cost, the access road and gates and the SCHOOL DISTRICT will maintain, at its sole cost, the trails and facilities. The SCHOOL DISTRICT is also responsible for maintaining the log cabin at the Arboretum in accordance with the Letter of Agreement dated July 1, 1998 (see Appendix C). Such maintenance costs and expenses shall not be a part of the Tru Up Program under this agreement. 2. The CITY and SCHOOL DISTRICT shall also reasonably repair and renovate their respective facilities which have deteriorated or worn from normal wear and tear 7 solely at each party’s own respective cost and at no cost to the other party. Examples include, but are not limited to, replacing basketball or tennis nets. The CITY and SCHOOL DISTRICT shall take reasonably prudent steps to timely repair broken or damaged facilities which potentially create liability concerns or debilitating impact on the routine use of such facility. 3. The CITY and SCHOOL DISTRICT shall each provide snow removal at their respective facilities so as to provide safe and timely public access and use for scheduled activities. The access road to the Arboretum will not be plowed by the CITY, unless there is a special request by the SCHOOL DISTRICT to accommodate a program or activity. 4. In the event that any facility or equipment, or improvement to the same, is damaged or destroyed by a participant, employee or spectator, while a party is using the other party’s facility(ies), then the facility using party may be billed by the facility owner party and shall promptly pay for any and all costs arising from the repair of the damaged property to its original condition. Each party so billed may pursue recovery from the person causing such damage. 5. The CITY and SCHOOL DISTRICT understand that the joint purchase of recreational equipment (both new and replacement) is an acceptable practice and consistent with past practice between the parties; however, nothing in this agreement shall be construed as to obligate a party to pay for any portion of any standard facility equipment or specialized sports equipment that the other party purchases from time to time. X. FINANCIAL RESPONSIBILITIES 1. General Operation. The CITY and SCHOOL DISTRICT shall each pay for their own routine operating and maintenance expenses during the term of the agreement, and any and all renewals and extensions hereof, unless otherwise set forth herein. 2. Tru Up Program. Except as stated otherwise in this agreement, the parties shall not be liable to each other for payment of costs, fees, etc… associated with the use of each other’s facilities at the time of such use or as normally otherwise required. Instead the parties shall each make a record of total costs incurred over a twelve (12) month period by the other party. The party with the higher total cost for use of the other party’s facilities during such period shall be liable for immediate payment of the difference between the parties’ total costs for use of facilities. This payment for the difference in total cost for use of facilities shall be known as the “tru up payment”. Specifically, each party shall keep records of the hours used at each of 8 its own facilities by the other party and the total applicable fees that would but for this agreement be charged, from the period of September 1 to August 31. Following August 31, each party shall itemize the total cost of the other party’s use, based upon the agreed fee schedule(s), and provide the other party with updated, itemized records no less frequently than once per quarter (November 1; February 1; May 1; and August 1). The party with the higher total cost of its use shall make a “tru up payment” to the other party for the difference between total costs of use. The payment date for the “tru up payment” (the difference between total costs of use, to be paid by the party incurring the higher total cost of use) shall be October 1 of each year. a. Equipment Rental Fees. Equipment rental fees, weekend pavilion rentals and special event fees for public events held on city-owned property must be paid at the time of reservation and are not included in the Tru Up Program. b. Appendix A & B attached hereto detail the price, cost, and/or fees for the use of each facility available for reservation. If either party obtains an additional facility available for reservation or eliminates a facility, a revised price list shall be provided to the other party. Each party may increase its reservation fees by an inflation factor of up to four percent (4%) once per year, effective on September 1st of the subsequent year. A revised price list shall be provided when there is a change in any facility’s price, cost, and/or fees for use, and shall be effective upon receipt by the parties. Notice of any facility price change is required by August 1 of each year. Because CITY fees are not approved until the end of November for the following calendar year, the CITY will share the proposed annual fees with the SCHOOL DISTRICT by August 1 of each year. The finalized fee list for the upcoming calendar year will be provided to the SCHOOL DISTRICT following the approval of the fees. c. Ice arena use by Rock County Fury is not part of the Tru Up Program due to Rock County Fury being a joint endeavor with the School District of Beloit, which is not a party to this agreement. d. Any playoff games paid for by the WIAA are not included in the Tru Up Program. e. Any rental/use fees paid to the American Legion by the SCHOOL DISTRICT for use of the CITY’s Veteran’s Memorial Baseball Field at Riverside Park shall not be included in the Tru Up Program. Any maintenance fee assessed against the SCHOOL DISTRICT for use of this facility and payable to the CITY, however, shall be included in the Tru Up Program under the terms of 9 this agreement. f. The CITY’s scheduling activities undertaken for SCHOOL DISTRICT athletic fields during the summer months (when school is not in regular session) and the corresponding revenue received for use of the SCHOOL DISTRICT’s athletic fields during the summer months shall not be included in the Tru Up Program. g. The SCHOOL DISTRICT shall incur costs of not more than $16,000 annually for use of the CITY’s Golf Courses, as part of the Tru Up Program. If the SCHOOL DISTRICT requests use of CITY golf courses which result in costs/fees beyond a total of $16,000 annually, the CITY (or the Golf Course Manager, directly) may bill the SCHOOL DISTRICT directly for such costs within sixty (60) days of such costs being incurred and payment shall be immediately due. Any costs and/or fees associated with more than $16,000 worth of Golf Course use by the SCHOOL DISTRICT shall be negotiated directly between the SCHOOL DISTRICT and Golf Course Manger. The Golf Course shall submit monthly reports to the CITY and SCHOOL DISTRICT which identify the number of high school rounds played to date and the corresponding dollar amount expended. The number of rounds played and funds expended shall be confirmed to the Golf Course Manager and CITY by the SCHOOL DISTRICT Athletic Director within sixty (60) days of receipt of such reports from the Golf Course Manager. Food and beverage costs must be paid by the SCHOOL DISTRICT and are not included in the $16,000 allotment and are not part of the Tru Up Program. h. When major high school cross-country meets take place at a golf course on weekdays or during the weekend, the golf course shall be closed and the SCHOOL DISTRICT shall be responsible for reimbursing the CITY for the actual lost revenue for the period the golf course(s) are closed. Such reimbursement shall not be included in the Tru Up Program and shall be due immediately following the cross-country meet. This lost revenue shall be calculated for each cross-country meet based on the season and the number of hours the golf course(s) is/are closed. Such events on weekend days shall be limited to the hours of 5:00 am to noon on the day of the event; hours for events taking place on a weekday will need to be negotiated with the Golf Course Manager. The SCHOOL DISTRICT shall continue to pay for all utility expenses associated with the Nature Center at the Robert O. Cook Memorial Arboretum. 10 3. Off-Hours Expenses, Costs and/or Fees. At times a party may schedule activities at the other party’s facility(ies) outside of regular work hours when employees associated with use of the facility are normally present, or use by a party may necessitate the other party’s facility remaining open longer than its regular hours (hereinafter “Off-Hours”). The party incurring overtime expenses as a result of the other party’s Off-Hours use of a facility may bill the other party for the resulting actual labor costs including fringe benefits, or may bill a standard hourly rate, if one exists and was disclosed to the other party prior to the use resulting in overtime expenses. Additional overhead expenses associated with Off-Hours use, such as those associated with equipment and vehicle rentals, may also be billed to the using party. A facility owner party may elect in its sole discretion to bill such a using party for expenses, costs, and/or fees associated with Off-Hours use and demand immediate payment, by providing written notice to the using party within sixty (60) days of such use. Alternatively, a facility owner party may elect to include such expenses, costs, and/or fees associated with Off-Hours use of a facility by the other party in its records for the Tru Up Program; if the expenses, costs, and/or fees associated with Off-Hours use are not billed to the using party within sixty(60) days of such use, then such expenses, costs, and/or fees may not be billed for payment outside of the Tru Up Program. a. SCHOOL DISTRICT hockey games may require the CITY to schedule additional employees for supervision, cleaning bleachers, restroom maintenance, and/or post-event cleaning of the Ice Center. The CITY may invoice the SCHOOL DISTRICT for such additional labor within thirty (30) days of incurring such additional labor costs and payment shall then be immediately due. Alternatively, the CITY may elect to include such costs in its records for the Tru Up Program; if such costs are not billed to the SCHOOL DISTRICT within thirty (30) days of being incurred, then such costs may not be billed for payment outside of the Tru Up Program. b. Overtime expenses incurred by a facility owner party may be charged to the using party only to the extent that the using party is responsible for the activity running beyond its scheduled completion time. Programs running late, however, will not be terminated prematurely solely because such programs are running late or additional costs may be incurred by one of the parties. For example: the CITY is scheduled to use a SCHOOL DISTRICT gym for one hour commencing at 7:00 p.m. but cannot start until 8:00 p.m. because a SCHOOL DISTRICT activity is running late. The CITY’s use of the gym ultimately runs for two hours, ending at 10:00 p.m. As a result the SCHOOL DISTRICT incurred two hours of overtime costs. The CITY may only be billed for one hour of overtime costs, which are associated with the CITY event lasting longer than the scheduled duration. The CITY is not 11 liable for the overtime expenses arising as a result of the time (one hour) that the SCHOOL event ran late. XII. CANCELLATIONS 1. The facility owner party may unilaterally cancel a scheduled activity at its facility(ies). The CITY and SCHOOL DISTRICT shall take all reasonable and prudent steps to make their respective facilities available as scheduled. If a facility owner party must cancel or delay the start of an activity because of unforeseen circumstances (such as weather impacting on a field condition) the facility owner party shall notify the using party as soon as practical to enable the other to reschedule or delay the activity. 2. The party canceling a program or activity at its facility(ies) shall not be responsible for lost revenue such as gate receipts, or for any other inconveniences, (direct, indirect, consequential) or other damages to the other party or to any nonparty, caused when an activity is canceled, even upon very short or no prior notice. 3. Cancellations due to emergencies or inclement weather, made by the party scheduled to use a facility will not be charged to such cancelling party. Cancellations by such party less than five (5) days in advance of the scheduled activity for reasons other than emergencies or inclement weather may be charged by the facility owner party, in accordance with the provisions of this agreement related to the Tru Up Program as if the activity took place as scheduled and regardless of any mitigation of actual loss. XIII. COMPLIANCE WITH LAWS 1. The CITY and SCHOOL DISTRICT shall, at all times, fully comply with and obey each and every applicable rule, regulation, law, ordinance, code, statute and order of any governmental unit, body, and court lawfully exercising authority over the CITY and SCHOOL DISTRICT. XIV. INSURANCE 1. The CITY and SCHOOL DISTRICT shall obtain, and at all times maintain at their own expense, liability insurance for bodily injury, personal injury and property damage coverage with a limit of not less than Five Million Dollars ($5,000,000) per occurrence and Ten Million Dollars ($10,000,000) aggregate per occurrence. The use of an umbrella policy to provide this coverage amount shall be acceptable. The insurance required by this sub-section shall not have an athletic participant exclusion. Such policy(ies) shall each name the other party as an additional 12 insured or co-insured and shall cover each and every of the CITY’s and SCHOOL DISTRICT’s respective elected and/or appointed officials, officers, employees, and agents. 2. The CITY and SCHOOL DISTRICT shall, at all times, provide and at all times maintain solely at their own respective expenses, real and personal, property insurance on a replacement cost basis for their respective buildings and any and all equipment and supplies located on the premises. The property limits provided shall be at a minimum ninety percent (90%) of the replacement cost values of the buildings, equipment and supplies. 3. Nothing in the agreement shall be construed so as to authorize or permit any property insurer of the CITY or the SCHOOL DISTRICT to be subrogated to any right of the CITY or SCHOOL DISTRICT against the other arising under this agreement. 4. The CITY and SCHOOL DISTRICT each encourage the other party to have all program participants or parent/guardian(s) execute a waiver of liability statement or have the parent/guardian provide or purchase accident insurance for each child and each event, however, no such waiver is required under the terms of this agreement. 5. The provisions of this Section shall survive this agreement for not less than seven (7) years after the termination or expiration of their agreement and any and all renewals and extensions hereof. XV. MISCELLANEOUS 1. The CITY and SCHOOL DISTRICT shall each, subject to the reasonable availability of secure space, permit the other party to store recreation equipment and supplies at facilities where programs or activities taking place. The CITY and SCHOOL DISTRICT are not responsible for the lost, stolen, or damaged equipment and supplies of the other party. Such stored property shall be clearly marked with adequate identification of ownership. Such property shall not be relocated or used without the permission of the owner. 2. This agreement shall be binding upon the parties hereto, their respective successors, transferees and assigns. 3. This agreement shall not be assigned or conveyed, nor shall any CITY or SCHOOL DISTRICT obligations be transferred to any other person or nonparty, without the prior written consent of both parties. 13 4. This agreement shall be construed and enforced in accordance with the Laws of the State of Wisconsin. 5. This agreement may be modified or amended only upon the written agreement of the CITY and the SCHOOL DISTRICT. 6. This agreement shall not be varied or waived by any oral representations or promise of either party or its agents. Each and every modification and amendment hereto shall be in writing, agreed to, and executed by both parties. 7. This agreement may be terminated at any time upon the written agreement of both the CITY and the SCHOOL DISTRICT. 8. The CITY and SCHOOL DISTRICT shall be responsible for spectator and crowd control at their respective programs and activities. 9. The staff of the Leisure Services Department of the CITY and the staff of the SCHOOL DISTRICT Building and Grounds Department shall meet at the request of one of the parties to discuss any problems or concerns relative to use by the parties. 10. Delivery of Requests for Facility Use and Notices. Except as specifically modified herein, the CITY’s Requests for Facility Use, notices and all documents or correspondence related to this agreement shall be addressed and mailed to or sent electronically to the Business Services Office of the SCHOOL DISTRICT. Except as specifically modified herein, the SCHOOL DISTRICT’s Requests for Facility Use, notices and all documents or correspondence related to this agreement shall be addressed and mailed to or sent electronically to the Recreation Director of the CITY. DATED and executed in Janesville, Wisconsin, this ____ day of _______________, 2012. CITY OF JANESVILLE: JANESVILLE SCHOOL DISTRICT ______________________ ______________________ Eric Levitt Dr. Karen Schulte City Manager Superintendent of Schools ______________________ ______________________ Jean A. Wulf Keith Pennington City Clerk/Treasurer Chief Financial Officer Approved as to Form: Approved as to Form: ___________________ ______________________ Waldemar Klimczyk Nowlan & Mouat LLP City Attorney Attorneys for the School District of Janesville 14 TABLE OF CONTENTS SECTION PAGE INTRODUCTION 1 I. TERM OF AGREEMENT 2 II. PREMISES 2 III. SCHEDULING USE OF FACILITIES 3 IV. ACCESS TO FACILITIES 6 V. MAINTENANCE 7 VI. FINANCIAL RESPONSIBILITIES 8 VII. CANCELLATIONS 11 VIII. COMPLIANCE WITH LAWS 12 IX. INSURANCE 12 X. MISCELLANEOUS 13 APPENDIX A School District of Janesville Price List APPENDIX B City of Janesville Price List APPENDIX C Arboretum Log Cabin Agreement FACILITY USE 2011-2014 AGREEMENT BY AND BETWEEN: THE CITY OF JANESVILLE AND THE SCHOOL DISTRICT OF JANESVILLE APPENDIX A: SCHOOL DISTRICT PRICE LIST TO FACILITY USE AGREEMENT2011-2014 BY AND BETWEEN: THE CITY OF JANESVILLE AND THE SCHOOL DISTRICT OF JANESVILLE APPENDIX B: CITY PRICE LIST TO FACILITY USE AGREEMENT2011-2014 BY AND BETWEEN: THE CITY OF JANESVILLE AND THE SCHOOL DISTRICT OF JANESVILLE APPENDIX C: ARBORETUM LOG CABIN AGREEMENT TO FACILITY USE AGREEMENT2011-2014 BY AND BETWEEN: THE CITY OF JANESVILLE AND THE SCHOOL DISTRICT OF JANESVILLE Revised 10/11 ATTACHMENT A RECREATION DIVISION FEES AND CHARGES 2009201020112012 CTUALCTUALCTUALPROPOSED AAA ATHLETIC FACILITIES Softball/Baseball Softball (Monterey) No Field Preparation8.00/1.5 hrs.8.00/1.5 hrs.8.00/1.5 hrs.8.00/1.5 hrs. With Field Preparationaddtl. 40.00/hr.addtl. 40.00/hr.addtl. 40.00/hr.addtl. 40.00/hr Lights/diamond/day25.0025.0025.0025.00 Baseball (Riverside) Games only 18.0018.0040.0040 No Field Preparation (mowing and restroom clean up) With Field Preparationaddtl. 40.00/hr.addtl. 40.00/hr.addtl. 40.00/hr.n/a Lights/diamond/day25.0025.0025.00n/a Softball/Baseball-Dawson Facility charge/day360.00360.00360.00360.00 Facility charge/day/youth non-profit groups200.00200.00225.00225.00 Lights/diamond/day40.0040.0025.0025.00 Re-groom charge/diamondaddtl. 40.00/hr.10.00/field12.00/diamond12.00/diamond Supervisor cost over 8 hours/hour/per person20.0020.0020.0020.00 Deposit (non-refundable-credit to facility charge)100.00100.00100.00100.00 Dawson Maintenance Staff/per person12.00/hr.12.00/hr.12.00/hr.12.00/hr. School/Other Park Diamonds Youth Groups single use4.00/1.5 hrs.4.00/1.5 hrs.5.00/1.5 hrs.5.00/1.5 hrs. Adult Groups single use6.00/1/5 hrs.6.00/1/5 hrs.7.00/1.5 hrs.7.00/1.5 hrs. Group 50 or less uses (bulk)*75.0075.00100.00105.00 Group >50 uses (bulk)*100.00110.00125.00130.00 Football/Soccer Field Park site (No field preparation)6.00/1.5 hrs.6.00/1.5 hrs.6.00/1.5 hrs.6.00/1.5 hrs. Kiwanis and Bond Park6.00/1.5 hrs.6.00/1.5 hrs. Monterey/Rockport8.00/1.5 hrs.8.00/1.5hrs. Lights/day*25.0012.00* Group < 20 uses per season (no prep)60.0060.0060.0060.00 Group > 20 uses per season (no prep)80.0080.0080.0080.00 Palmer Park Tennis Courts2.00/hr.2.00/hr.2.00/hr.2.00/hr. *currently charging $10/day Page 1 2009201020112012 ACTUALACTUALACTUALPROPOSED ADULT PROGRAMS Basketball Team Fee (includes 10 resident players)405.00400.00400.00400.00 Player Fee-Non-resident13.0013.00n/an/a Kickball Recreational League Team Fee110.00125.00140.00140.00 Non-Resident Player Fee 13.0013.00n/an/a Dodgeball Recreational League Team Fee110.00120.00140.00140.00 Non-Resident Player Fee 13.0013.00n/an/a Softball Night League Team Fee: 12-wk. season495.00See Below550.00*550.00 14-Week Seasonn/a495.00n/an/a Late Fee75.0075.0075.0075.00 Non-Resident Player Addition Fee13.0013.00n/an/a Softball Day League Team Fee330.00330.00n/an/a (includes 20 Resident players) Softball-All Adult Leagues Forfeit Fee10.0010.00n/asee below** Protest Feen/an/an/an/a Tennis Lessons Resident Fee30.0030.0030.0030.00 Volleyball-Co-Rec, Men's & Women's Team Fee (includes 7 players)155.00155.00175.00175.00 Player Fee (over 7) 10.0010.0010.0010.00 Non-Resident Player Fee 13.0013.00n/an/a Volleyball-Sand Court Team Fee (includes 7 resident)140.00140.00160.00160.00 Player Fee (over 7)10.0010.0010.0010.00 Non-Resident Player Fee 13.0013.00n/an/a Volleyball-All Adult Leagues Substitute Player Fee6.006.006.006.00 All Adult Leagues** Forfeit Fee10.0010.0010.0010.00** *Softball cost per player w/10 players= $55 Softball cost per player w/11 players = $50 Softball cost per player w/12 players = $46 Softball cost per player w/13 players = $42 Softball cost per player w/14 players = $39 Softball cost per player w/15 players = $37 Softball cost per player w/16 players = $34 Softball cost per player w/17 players = $32 Softball cost per player w/18 players = $31 Softball cost per player w/19 players = $29 Softball cost per player w/20 players = $28 Page 2 2009201020112012 ACTUALACTUALACTUALPROPOSED YOUTH PROGRAMS Kids Count Camp-1 Child Full Days 2 wks.155.00160.00165.00165.00 Kids Count Camp-2nd Child Full Days 2 wks.145.00150.00155.00155.00 Kids Count Camp-3rd Child Full Days 2 wks.135.00140.00145.00145.00 Kids Count Camp-Full Days 1 week90.0090.0095.0095.00 Kids Count 1/2 Day Camp-2 wks.n/an/an/an/a Kids Count 1/2 Day Camp-1 week70.0070.0080.0080.00 Sports Camp-1 Child 2 wks.115.00125.00135.00140.00 Sports Camp - 2nd Child 2 wks.n/on/on/o130.00 Sports Camp - 3rd Child 2 wks.n/on/on/o120.00 Sports Camp-Non-Residentn/on/on/an/a Sports Camp One Week Fee75.0075.0085.0085.00 Swim Camp-AM or PM Session90.00100.00100.00100.00 Swim Camp-AM and PM Session105.00110.00110.00125.00 Tot Lot-Resident52.0052.0052.0052.00 Tot Lot-Non-Residentn/on/on/an/a School Rec Nites 6th -8th Grades6.00/night6.00/night7.00/night7.00/night School Rec Nites 5th Grade6.006.007.007.00 Parents Night Out5.0015.00/13.00n/on/a Track-Residentn/on/on/on/o Track-Non-Residentn/on/on/on/o ATHLETIC CAMPS/LESSONS Basketball Camp (Grades) Resident Fee-Boys (4-5-6)67.00n/on/on/o Non-Resident Fee-Boys (4-5-6)78.00n/on/on/o Resident Fee-Boys (7-8-9)67.00n/on/on/o Non-Resident Fee-Boys (7-8-9)78.00n/on/on/o Resident Fee Jr. Girls (4-5-6)67.00n/on/on/o Non-resident Fee Jr. Girls (4-5-6)78.00n/on/on/o Resident Fee Sr. Girls (7-8-9)67.00n/on/on/o Non-resident Fee Sr. Girls (7-8-9)78.00n/on/on/o Pom Camp-Resident62.00n/on/on/o Pom Camp-Non-Resident73.00n/on/on/o Soccer Camp-Resident77.00n/on/on/o Soccer Camp-Non-Resident88.00n/on/on/o Girls Fast Pitch League team fee (own equip.n/on/on/o and ASA sanctioned)n/an/an/on/o Girls Fast Pitch League single player feen/an/an/on/o Tennis Camp87.0087.0087.0087.00 Tennis Lessons: Resident Fee-Pee Wee19.0020.0021.0021.00 Resident Fee-Youth (age 7+)22.0023.0024.0024.00 Resident Fee-High School 25.0026.0027.0027.00 Resident Fee-Youth advanced (Jr. Comp.)31.0032.0033.0033.00 Volleyball Clinic-Resident 73.00n/on/on/o Volleyball Clinic-Non-Resident91.00n/on/on/o Start Smart Sports Development35.0035.0037.0037.00 Cancellation Fee-Camps/Leagues*15.0015.0015.0010.00 Cancellation Fee-Lessons/Classes*5.005.005.005.00 *Cancellation fee is deducted from all refunds. Page 3 2009201020112012 ACTUALACTUALACTUALPROPOSED FAMILY PROGRAMMING/EVENTS Noon/Main Street EntertainmentDonationDonationDonationDonation Enchanted Forest*3.00, 2.00, 1.003.00, 2.50, 1.503.00, 2.50, 1.503.00, 3.00, 2.00 Family Team Treasure Hunt23.00$25.00$25.0025.00 Father/Child Golf Outing12/per person12.00/per person12.00/per person12.00/per person Make My Mom & Me Over48.00/248.00/248.00/248.00/2 MISCELLANEOUS Paw Print Park Annual Dog Tag15.0015.0015.0015.00 Annual Dog Tag Sr. Citizen10.0010.0010.0010.00 Daily Permit Per Dog2.002.002.002.00 SPECIAL EVENTS Block Parties45.0045.0050.0050.00 Run/Walks65.0065.0075.0075.00 Park/Community/Athletic Event 1 or 2 day event, <500 in attendance110.00110.00120.00120.00 1 or 2 day event, >500 in attendance185.00185.00200.00200.00 3 or 4 day event, <1,000 in attendance235.00235.00250.00250.00 3 or 4 day event, 1,000-4,000 in attendance335.00335.00350.00350.00 3 or 4 day event, >4,000 in attendance435.00435.00450.00450.00 5+ day event530.00530.00550.00550.00 PAVILIONS Bond Park Pavilion Resident51.0055.0060.0060.00 Non-resident75.0075.0080.0080.00 Lustig Resident41.0045.0050.0050.00 Non-resident60.0060.0065.0065.00 Palmer - Resident West (Half of Bldg)72.0075.0080.0080.00 West (Entire Bldg)130.00135.00140.00140.00 East (Entire Bldg)90.0090.0095.0095.00 Hilltop40.0040.0045.0045.00 Picnic Groves20.0020.0025.0025.00 Palmer - Non-resident West (Half of Bldg)100.00100.00105.00105.00 West (Entire Bldg)180.00180.00185.00185.00 East (Entire Bldg)125.00125.00130.00130.00 Hilltop60.0060.0065.0065.00 Picnic Groves30.0030.0035.0035.00 Peace Park Pavilion Resident90.0090.00105.00105.00 Non-resident125.00125.00130.00130.00 Riverside - Resident South (Half of Bldg)62.0065.0070.0070.00 South (Entire Bldg)105.00110.00115.00115.00 North (Entire Bldg)47.0055.0060.0060.00 Riverside - Non-resident South (Half of Bldg)87.0087.0090.0090.00 South (Entire Bldg)142.00142.00145.00145.00 North (Entire Bldg)65.0068.0070.0070.00 Traxler - Resident Warming House80.0080.0085.0085.00 Lions Pavilion70.0070.0075.0075.00 Traxler - Non-resident Warming House112.00112.00115.00115.00 Lions Pavilion97.0097.00100.00100.00 Page 4 2009201020112012 ACTUALACTUALACTUALPROPOSED S AQUATIC Daily Admission Youth1.501.752.002.25 Adult2.002.252.502.75 Senior1.501.752.002.25 Season Pass Youth/Senior 22.0025.0028.0030.00 Adult33.0035.0038.0040.00 * Family (3-4 members)66.0070.0073.0075.00 * Each additional member over 410.0010.0010.0010.00 Swim Lessons Youth28.0029.0030.0035.00 Parent/Tot30.0030.0030.0030.00 Hydro Aerobics3.003.003.003.00 Rockport Pool Rentals Per Hour 0-100 People110.00115.00125.00125.00 101-200 People120.00125.00135.00135.00 201-300 People130.00135.00145.00145.00 301-400 People140.00145.00150.00150.00 Rockport Pool Lane Rental8.00/hour/lane8.00/hour/lane8.00/hour/lane8.00/hour/lane Cancellation Fee-Lessons*5.005.005.005.00 Rockport/Palmer Birthday Party Package****99.0099.00110.00110.00 * Palmer/Riverside Pool Rentals Per Hour**** 0-60 People55.0055.00 61-136 People65.0065.00 137-236 People75.0075.00 237-335 People85.0085.00 over 335 People100.00100.00 SCUBA DIVING Resident yearly permit15.0015.0015.0015.00 Non-Resident yearly permit25.0025.0025.0025.00 ****Up to 10 Participants. $5 for each additional participant *****Palmer max capacity 534, Riverside max capacity 280 Page 5 2009201020112012 ACTUALACTUALACTUALPROPOSED ICE CENTER Public Skating Sessions Youth/Senior4.005.005.505.50 Adult (18 and older)5.006.006.506.50 Friday Cheap Skate-Youth/Senior4.004.005.005.00 Friday Cheap Skate-Adult5.005.006.006.00 * Weekend Family18.0020.0022.0022.00 Season Pass Youth/Senior (Under 17/50+)125.00125.00125.00125.00 Adult (18 and older)175.00175.00175.00175.00 Skate Rental2.002.002.002.00 Skate Sharpening5.005.005.005.00 Learn to Skate Tots, Snowplow Sam, Basic 1-8, Adultn/an/an/an/a 45 min. Accelerated Freestylen/an/an/an/a Freestyle Contract per hour8.508.50n/an/a Contract per 1.5 hours12.0012.00n/an/a Walk-on per hour10.5010.50n/an/a Walk-on per 1.5 hours14.0014.00n/an/a Ice Rental** Prime time per hour163.00165.00175.00180.00 Non-Prime time per hour142.00145.00150.00154.00 Clean Up Charge per hour 24.0024.0027.0027.00 Open hockey per session-Adult7.007.008.008.00 Open hockey per session-Youth 7.006.007.007.00 Admissioned Hockey Game Rental (per game)400.00400.00400.00400.00 Group rates (includes skate rental) 15 or more Skaters5.005.005.005.00 Birthday parties (up to 12 people) Standard pkg.120.00125.00125.00135.00 Birthday Party Deluxe package200.00200.00200.00 Birthday parties Party to Remember250.00250.00250.00 Birthday Party - Over the Top300.00300.00300.00 Coach's Fee8.008.008.008.00 Locker Room Useage FeeNa NaNaTBD **Prime time includes Monday-Friday 4pm-10pm , in addition to all weekends and holidays. * Family consists of parent(s), and children ages 17 and living in same household n/o: Not Offered n/a: Not Applicable 2009201020112012 ACTUALACTUALACTUALPROPOSED SENIOR CENTER Mandatory Membership Fee25.0025.00 Beginning Dulcimer1.001.00 Bingo1.00/card1.00/card Blackjack2.002.00 Blue Velvetno chargeno charge Book Clubno chargeno charge Canastano chargeno charge Ceramics1.001.00 Choristersno chargeno charge Clogging M-W-Fno chargeno charge Computerno chargeno charge Dominosno chargeno charge Drawing & Painting1.001.00 Dulcimer Class1.001.00 Duplicate Bridgeno chargeno charge Euchreno chargeno charge Exerciseno chargeno charge Page 6 Expression In Art1.001.00 Friday Cards2.002.00 Friday Dance2.002.00 German Interestno chargeno charge Leather Toolingno chargeno charge Line Dance 11.001.00 Line Dance 21.001.00 Line Dance 31.001.00 Monday Kraftersno chargeno charge Monday Watercolorno chargeno charge Piano Lessonsno chargeno charge Ping Pong0.500.50 Poker2.002.00 Pool (Billiards)1.00/day1.00/day Porcelain Dolls1.001.00 Quiltingno chargeno charge Reminiscence Writingno chargeno charge Riverside Ramblersno chargeno charge Sheepshead2.002.00 Strong Women (Rental)no chargeno charge Tai Chi (Rental)no chargeno charge Tax Preparationby donationby donation Texas Holdemno chargeno charge Thursday Art Classno chargeno charge Troubadoursno chargeno charge Wellness Roomno chargeno charge Woodcarversno chargeno charge Yoga (Rental)no chargeno charge Zumba (Rental)no chargeno charge 2009201020112012 SENIOR CENTER - CONTINUEDACTUALACTUALACTUALPROPOSED Newsletter6.006.006.00**12.00 Room Rentals Senior Clubs* Large Rooms30.0030.0030.0030.00 Small Rooms25.0025.0025.0025.00 Kitchen17.0017.0017.0017.00 Community Meetings Large Rooms40.0040.0040.0040.00 Small Rooms35.0035.0035.0035.00 Kitchen25.0025.0025.0025.00 Special Event (Fri. or Sat. per 4 hours) Large Rooms135.00135.00135.00200.00 Fee for each additional hourn/on/on/o50.00 Small Rooms65.0065.0065.0075.00 Fee for each additional hourn/on/on/o20.00 Kitchen45.0045.0045.0050.00 Fee for each additional hourn/on/on/o15.00 *4 hour time limit **Senior Center went from bi monthly to monthly newsletters The Senior Center closes nightly at 12AM Special Events (non-senior) requires a $100 deposit Rentals include use of tables, chairs, stage, etc. Additional fee for PA system: $15.00 flat fee up to 8 hrs. $30.00 flat fee >8 hrs. Piano is not available for functions unless a professional (hired) pianist is contracted. Fee to be determined. Large rooms based on 40 or more capacity. Small rooms include “Hearth” (capacity 15) and Conference Room (capacity 40), Craft Room (capacity 30) and Library (capacity 10) Full kitchen would include use of all appliances, coffee pots, and kitchen space. Page 7 Partial kitchen usage is available and would cost $20.00. This would include the use of coffee pots, trays, punch bowls, and storage in the refrigerator. Page 8 Ó»³± To: Janesville Golf Advisory Committee From: Steve Loomis, GM CC: John Erickson, Directorof Regional Operations,KemperSports Date: September 7, 2011 Subject: 2012 Proposed Fees __________________________________________________________________________ Based upon operational goals and the results from our National Golf Foundation Golf Survey Programs we are proposing the following fees for 2012. ß²²«¿´ Ð¿ Î±«²¼îðïïîðïî Ú±®»½¿¬»¼ Þ«¼¹»¬»¼ Ú±®»½¿¬»¼ ÜÐÎÎ»ª»²«»ÜÐÎ Î±«²¼Î±«²¼ Ú¿½·´·¬§Î»ª Î·ª»®·¼»ïìôíìïüïîèôðéîüèòçíïìôêíêüïìîôéèíüçòéê Þ´¿½µ¸¿©µ ëôèééüìéôíëìüèòðêëôçèðüëíôïîçüèòèè Ý±³¾·²»¼îðôîïèüïéëôìîêüèòêèîðôêïêüïçëôçïîüçòëð CITY MANAGER’S MEMORANDUM June 5, 2012 TO: City Council FROM: Eric J. Levitt SUBJECT: Committee Appointments Request I request the Council confirm the appointments of the Manager requiring confirmation. Recommendation I request the Council confirm the appointments of the Manager requiring confirmation. Motion I move to confirm the appointments of the Manager requiring confirmation. Summary Recently the Citizens Advisory Committee on Appointments met to make their recommendations for citizen nominees for the Citizens Board of Review. The unapproved minutes of the Committee’s meeting, a listing of all citizens that volunteered (fact sheets) and the application forms for those recommended are included for your reference. Eligibility To be eligible for an appointment to the Board of Review, individuals must have interest or knowledge in the committee’s subject matter and be a city resident. Recommendations for City Manager Appointments (confirmed by entire Council) Citizens Board of Review 1 vacancy (Alternate #1); 1 vacancy (Alternate #2) Phillip YossI am The Committee recommends for the Alternate #1 vacancy; appointing Phillip Yoss for the Alternate #1 vacancy . The Committee did not have a I am appointing Jose Carrillo for the recommendation for the Alternate #2 vacancy; Alternate #2 vacancy . Record of Citizen Advisory Committee on Appointments June 4, 2012 Page 1 Meeting of the City of Janesville Citizen Advisory Committee on Appointments held in the Municipal Building first floor conference room on June 4, 2012 Committee Members Present: Ron Combs, Judith Detert-Moriarty, Larry Squire Staff Present: Rebecca Smith, Richard Haviza, Al Hulick Agenda Items Roll Call The meeting began at approximately 1:35PM with Combs, Detert-Moriarty, andSquire present. Squire served as the temporary meeting chair. Presentations regarding role and purpose of the Citizens Boardof Review and Sustainable Janesville Committee Smith introduced Haviza and Hulick and informed the committee that they would share information regarding the Citizens Board of Review and Sustainable Janesville Committee, respectively, as requested by the Committee at the March meeting. Haviza shared an overview of the Board of Review, including the role and purpose and attributes that are helpful for Board of Review volunteers. Hulick shared an overview of the Sustainable Janesville Committee, including therole and purpose of the committee, projects the committee is working on,such as the Green Action Plan and attributes that are helpful for Sustainable Janesville volunteers. Selection of recommended nominees for the following Boards, Commissions and Committees Citizens Board of Review Following committee discussion,Squire motioned to recommend Phillip Yoss fill the Alternate #1 vacancy. Combs seconded the motion and the vote was 3-0-0 in favor.The committee shared they did not have a recommendation forthe Alternate #2 vacancy and suggested additional volunteers be sought. Matters Not on the Agenda Smith shared that the next time there is a vacancy on another committee, the appointment committee vacancy will also be announced. At the next meeting the appointment committee should also elect a chair and the committee will hear a presentation from a Police and Fire Commission staff representative. Adjournment The meetingadjourned at approximately 2:05PM. These minutes are not official until approved bythe Citizen Advisory Committee on Appointments. Rebecca Smith, Management Assistant