The URL can be used to link to this page

Home My WebLink About2006-06-13 Resolution hI' -':1 c:: Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 06-168 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: CVS!Pharmacy #8539 - 201 S. Clinton Street CVS/Pharmacy #8547 - 2425 Muscatine Avenue p,~oo md 'pprovod >hi, neh "'yof ~ ~ M OR ,20 06 U AUQv ATTEST: );L~1~_0 J!. ~~. -crrt'CLERK Approved by ~~ \,S---O~ City Attorney's Office It was moved bY~hampion _and seconded by Resolution be adopted, and upon roll call there were: Bailey the AYES: ----X- ----1L x ~ X ----X- ----X- NAYS: ABSENT: _ Bailey ~ Champion Correia Elliott O'DoIU1ell Vanderhoef Wilburn r:; Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-169 RESOLUTION OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 940 LONGFELLOW COURT AND SETTING A PUBLIC HEARING FOR JUNE 27, 2006. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and . WHEREAS, the Iowa City Housing Authority owns a single family home located at 940 Longfellow Court, Iowa City; and WHEREAS, the City has received an offer to purchase 940 Longfellow Court for the principal sum of $147,000; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 940 Longfellow Court, Iowa City, Iowa, also known as Lot 12, Longfellow Manor, for the sum of $147,000. Resolution No. 06-169 Page 2 2. A public hearing on said proposal should be and is hereby set for June 27, 2006, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by ChamDion and seconded by adopted, and upon roll call there were: Bailev the Resolution be AYES: NAYS: ABSENT: x x J( x x y J( Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Passed and approved this 11th d'YmC4u,~ MAYOR ' h. ) ) ).)..) ATTEST: Illr.t~4~ -K ~ CITY LERK Approved by ~~ <;"J-00 City Attorney's Office 1\ i I., ~ Prepared by: Mitchel T. Behr, Ass! City Attorney, 410 E. Washington St., Iowa City,IA 52240 (319) 356-5030 RESOLUTION NO. 06-170 RESOLUTION OF INTENT TO CONVEY 426 BAYARD STREET, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JUNE 27, 2006 WHEREAS, the City condemned the property located at 426 Bayard Street as a public nuisance; and WHEREAS, the City has received offers to purchase the property for $259,500, for demolition of the currently existing structure and construction of a new residential structure, or for rehabilitation of the currently existing structure, which offers are subject to approval by City Council; and WHEREAS, conveyance of the property, demolition of the currently existing structure and construction of a new residential structure, or for rehabilitation of the currently existing structure, is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to convey 426 Bayard Street for $259,500, for demolition of the currently existing structure and construction of a new residential structure, or fOr rehabilitation of the currently existing structure. 2. Public hearing on said proposal should be and is hereby set for June 27, 2006, at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is canceled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this l1t'h d~m~ uJL YOR ~ed by ,tlQ C-r f//tp/cPt,.. ~'s Office ATTEST: ~;A4/J K. -kiJ~ C . LERK Resolution No. Page 2 06-170 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Bailey the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn {,,! , \,j \-;:,,~:::t I][ Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City,IA 52240, (319)356-5149 RESOLUTION NO. Oh-171 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 27, 2006, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIDGE ROAD WATER MAIN BORING PRO- JECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 27th day of June, 2006, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing, 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 13th d"m ~(~ ^~:.-- M OR Approved by ~ uh/v!" City tiorney's Office ATTEST: /7,~,,~ 4'AL") ,I!. ~AA) CITY LERK Pweng/reslridgerdboringsetph. doc 6/06 Resolution No. Page 2 06-171 It was moved by Chamoion and seconded by adopted. and upon roll call there were: AYES: x x x x y x x NAYS: Bailey ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn M~~\ []l[] Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-172 RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 27, 2006, REGARDING THE INTENT TO ENTER INTO A LEASE AGREEMENT WITH GROUNDS FOR DESSERT COFFEEHOUSE, INC. FOR THE LEASE OF APPROXIMATELY 2,460 SQUARE FEET OF COMMERCIAL SPACE LOCATED WITHIN THE COURT STREET TRANSPORTATION CENTER. WHEREAS, the Court Street Transportation Center contains commercial space being marketed for lease for commercial use; and WHEREAS, the Parking and Transit Director has negotiated a lease agreement with Grounds For Dessert Coffeehouse, Inc. for approximately 2,460 square feet of the ground floor commercial space for a term of five (5) years with two (2) successive five (5) year renewable options; and WHEREAS, the lease of said commercial space is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to enter into the above-referenced lease agreement. 2. A public hearing on said proposed lease agreement should be and is hereby set for June 27, 2006 at 7:00 p.m. in the Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this l1r-h day of Tun1=> ,20---D..6...-. ~(r- J^~ MAYOR ATTEST:#~.....~ 1(. ~) CI CLERK Approved by ~ ~ ,;f;:~ City Attorney's Office Eric/Parking and TransiVGrounds for Dessert/Resolution of Intent to Approve Lease Resolution No. Page 2 06-172 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Bailey ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn /.l\\,\ '\ \, c. Prepared by: Susan Dulek, Asst City Attorney, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. Oh-171. RESOLUTION OF INTENT TO CONVEY AN EASEMENT TO QWEST FOR UTILITY LINES AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JUNE 27, 2006. WHEREAS, Runway 7/25 at the Iowa City Municipal Airport is currently being extended; WHEREAS, as part of the runway extension project, grading will need to occur City right-of-way along Dane Road in which Qwest Corporation has utility lines; and WHEREAS, because the grading will disturb Qwest Corporation's lines, the lines will need to be moved, and Qwest has requested an easement on the proposed relocated site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey an easement to Qwest Corporation at the site legally described in the easement plat, which is attached, marked Exhibit A, and incorporated herein. 2. A public hearing on said proposal should be and is hereby set for June 27, 2006, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 13th day of '""(4C:;:1k MAYOR ATTEST: )1\'&l~-0k. ~AA) CITY ERK Approved by S4:.~. ~'" ~~ <;'~(d'-O.'" City Attorney's Office -_._------_._-_."'--~ Resolution No. Page 2 06-173 It was moved by Champion and seconded by adopted. and upon roll call there were: AYES: NAYS: x x y 1{ x 1{ x Bailey ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn 'b" ~ " !} !l " 8 en n .". '" ~ "' ~ '" o .~ z " '" '" ... ~ " ~ < r ~ ~ ~ ;;; II ~ n ~ l ;, .. .. .. &~ ~;~ ..~ .. ~@ f rT1 I ~ ~ ~ ) ::r o .. 't:.. r ~ ~ ~ ;; j'" 11:1- ,ill I.ad ! i ~ i !!I;~ II' li,1I s ill ill~:1 !.I. .ini , 'III! i . z +~/- ..; .}-/ p.-" 6' ~~ r~ -z ~. ~~ H .. <~ -~ < ~ . ~ ~ . ~ :; . ~ ! ~ ~ " ~ d/ ) ..d 'd..d.;.'. .d.ddd(....<.dddd~/.(.... ./.,: ...... " . ~ i ~~ ~ ~ ~::. ~~ ~ ~./ ~ ;oUl !j: "-,, ..; " . '" A. . -~;1 : /. ..../ .: ~ ~ .>,- ~ . ~. 'e" '!' ~~ ~ ~z ~ n ~ l ;, ~ ~a.a~Au~~~~n ~~'W~~~l ~ ~ ......""...__............I...! :z:...~ ~Ill......'" ~ iIj....-.....zjl...iIj-:z: ~iIi:'o :;!:liliili~ ~ ~i~i~i~~~~~z~ 1il1lli!. ..e-..,.~iIi i < ... . ...... 'O'I'!i ~'ii= ii?:5 ~ " ~~~~;~~p~...i-. lili.....~~~J:;::_ ~ .. U'> U'>._..liIi...~... .!~:'~:'~Ulnli!.!iliii ... ,.i1i..._._ . . .~i~~2_~~i ~ ;; ~~~~~~~i.-j~ . ll'~ I ii :'~~~~=!!l:ll!li:;:: :~ p<-1i!,...-. .e '0'1 ,.!Ii Zi,a: !:lJ:: . ~u....-oi~ilil ~... i z... -i1i-'" ~ ! c_...~... < - -ii"''''V::gic " ~':::::~J::ii~iii~1i!.i:;:: !a i!z)~~~ . i~:~:a~ig~&~i iii .. O"'~I" ~ I ~5-~;. 'a~ . :::JiIi~ilii ~AnVl:::J ~A~~ig'~~ii ~ 1i!.:'~:'A iVl =lil-:lI . '{N"~~5'!/~a~ ~::i~81i1Ii:;~ " - ~~~ < - . :: I' . ~rA!/~;;-~ ~i?lii?2- . '=Illo iii......- "')i Ii .....01'0'1 i~::;!:::j2i" . iliocoenlil ... ~ _....D'"~-lil_N~_~1ll . H~~J~_~~ . ~',:'g l1;,. !:l ...;::...~~i1ii?z ~ ~.ti:.<--"'lIli-- ,.:z:,I'~'" . ~ o~...~...!Ii"''O'I_",,"i ~~< ~~~Ii ....iIi .iliiili::::~iIi~N ~ In......... ~ iIi~~~~~~:......:!1 ~i .~.l ~ ~'" VI VI oili~.... Z _...<lI",en :"~:'~ ... ...VliIi VI........ ... ~.___5 . ~~~ . liI:Z:_~iIi ~~:z:;;:z: ~o'" 5 :;::~ y ; !/ ~ a~~ ~ ~~i i~ r ~ Sf! i,;; ~ :i zen::; ~~ '" ~z ~; Z "Ii""'~ '. " ~ Kl $': ;! ~ ~~ n ~: ~! ~~ ~ ~~ ~ i ~:Ie ~ ~~ ~ ! ~ ~~ '; .~('/: .. ~~.i ~..; <. ::: .,>-, ~ 9.-" ~1 .;, ~ ~! :j :: ! d :1 ~ i :i .-------------.f)- ...........--........~_. a. ~n .Ii ~ ~~ ~h i~ "'/ 'la. l ',>.'/ .il p.-" CS' PREP/IlRED Bt,MICHA[l R.FAGLE. EAIlTH TECH. 58lSYCN'OI'lE STREET. SUITE 222. WATEIlLOO,IOw....58713. 31'-230'-6531 o € nD ::;n 8 -<~ ~ 0-< :: "T1~ _c ~~aZ -o::tlZ€;-D ~@~ l>~B X'- n"UC ~z _D- ~~~-1r(j) -4_~:<D~ m::3o ~~Tlc...:OO rn- o"'tlZ :t-..l-IO mQ)O z::tl-U ~~ ~ (/)-1r -nO::o~ ~::;Zc o-<nZ o€ CD z-< ...." ;<, N -'" 0", €x D.... '" Z (f) o z " N N '" N " " \' I ,l",{;",t..(} ! )~i C'> n:ij Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 06-174 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED 2420 BITTERSWEET COURT, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the amount of $4,000, executed by the owner of the property on August 16, 2002 and recorded on August 19, 2002, in Book 3360, Page 167 through Page 170, in the Johnson County Recorder's Office covering the following described real estate: Lot 61, Walden Ridge Part 3, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 23, Page 12, Plat Records of Johnson County, Iowa. WHEREAS, University of Iowa Community Credit Union is refinancing a mortgage to the owner of 2420 Bittersweet Court and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, University of Iowa Community Credit Union, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second lien, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 13th day of June ,20 06 . (2~JJJl MAYOR ATTEST: Yh""/A..2/) II. ~A"u CIlYCLERK AP-groved by ~~ <, -G .Ofo City Attorney's Office Resolution No. Page ~ 06-174 It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: AYES: ABSENT: NAYS: x X X v x X y Bailev Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn the SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union of Iowa City. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortaaae which at this time is in the amount of $4.000, and was executed by Nancy J. Mason (herein the Owner), dated Auaust 16. 2002, recorded Auaust 19. 2002, in Book 3360, Page 167 through Page 170, Johnson County Recorder's Office, covering the following described real property: Lot 61, Walden Ridge Part 3, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 23, Page 12, Plat Records of Johnson County, Iowa. WHEREAS, the Financial institution proposes to loan the sum of $63.500 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the MortClaae held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted MortClaae held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortaaae of the City. 4. Binding Effect This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this...1..3..- day of :rUr>l-S.y CITY OF IOWA CITY ,20J21L. By ~ C):ill~ Mayor FINANCIAL INSTITUTION By JmU./l]~~ Attest: rh.~ +:. ~~ City C erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this J 3 day of TlA.,., e. , 20..J!JL, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeareg "R' <>!'.~ Wi I hu rn and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Grdi'1,mce) (Resolution) No. ob-I?"9- passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the /3 day of ':]" uNz=. , 20~, and that '1(:l>SS to;l hlA."" and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~~F~ Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) ~iS i~strument was acknowledged before , ~(name(s) of person(s)) as authority, e.g, officer, trustee, etc.) of tl re party of behalf of whom instruments was executed) . 2006 by (type of ~ jllJe (name of CV(fil: lLJ~uil1 My Commission expires: lID/)~ GAIL SHROPE Notarial Seal - Iowa CommiUion " 1l!54ll2 )~ My eommiasion Expirea' -If', ,L ".~~<::r~.;.\l, M1J ~ ~J Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)355-5246 RESOLUTION NO. On-17"> RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 322 MULLIN STREET, IOWA CITY, IOWA. WHEREAS, on February 23, 1990, the owner executed a Promissory Note with the City of Iowa City; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 322 Mullin Street, Iowa City, Iowa from a Promissory Note recorded March 7, 1990, in Book 1108, Page 199 of the Johnson County Recorder's Office. Passed and approved this 11th day of .Tune , 20....!lli-. ~LJ~ MAYOR ATTEST:j?*~~ k. ~~ CI LERK AJP[oved ~_ ~~c,~~ City Attomey's Office It was moved by Chamnion and seconded by Resolution be adopted, and upon roll call there were: R;:dlpy the AYES: NAYS: ABSENT: x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn y y J( J( x Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Ida Karson Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 322 Mullin Street, Iowa City, Iowa, and legally described as follows: Lots 2 and 5, excepting the north 80 feet thereof in Block 3, Black's Second Subdivision of Government Lot 2 in Section 9, Township 79 North, Range 6 West of the 5th P.M. as per the recorded plat thereof. from an obligation of the owner, Ida Karson, to the City of Iowa City represented by a Promissory Note, recorded March 7, 1990, Book 1108, Page 199 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorde document. ATTEST: ~ )!. Kav.) CITY CLERK APPro~., ,bbyy .~~. ~~ b '~..oG" City Attorney's Office STATEOFIOWA ) ) ss: JOHNSON COUNTY ) On this I ~ day of -.::rLA Nt' , A.D. 20....Q..k" before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively. of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority oftts City Council, as contained in Resolution No.~adopted by the City Council on the--L3- day ;ruNt; , 20~ and that the said Ross Wilbum and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i SONDRAE FORT o " Commission Number 159791 . . My Commission ExpIres ow 3'1 ~~. M Notary Public in and for Johnson County, Iowa M' tv r:::J Prepared by: Denny Gannon, Ass\. City Engineer, 410 E. Washington S\., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. Oh-17h RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR BROOKWOOD POINTE FIRST ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line, and water main improvements for Brookwood Pointe First Addition, as constructed by Carter and Associates, Inc. .of Iowa City, Iowa. Paving improvements for Brookwood Pointe First Addition, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 13th day of June l~U.~ MAYOR ATTEST: ~t~-u.J -=1<. ~.MJ CITY LERK Approved by ~/'IC' t;' Lphl,,~ City Attorne s Office It was moved by r.hampi on and upon roll call there were: and seconded by R;liley the Resolution be adopted, AYES: NAYS: ABSENT: y y y y Baiiey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x X pwenglreslbrookwoodptfirstadd.doc ! " l :/7 r " 1 ~ 1 -_: -~ f~~j!l:1lt -"';;::'~~~IIII" ......~ CITY OF IOWA CITY 410 East Washington Street low' City. low' 52240-1826 (319) 356-5000 (3 J 91 356-5007 FAX www.icgov.org ENGINEER'S REPORT June 5, 2006 Honorable Mayor and City Council Iowa City, Iowa Re: Brookwood Pointe First Addition Dear Honorable Mayor and Council persons: I hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main, and paving improvements for Brookwood Pointe First Addition has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, tile line, and water main improvements constructed by Carter and Associates, Inc. of Iowa City, Iowa, and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, ~~ Ronald R. Knoche, P.E. City Engineer pwengfengrpl-brookwoodptfirsladd .doc N\. 'H; a:J Prepared by: Denny Gannon, Assl. City Engineer, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 0(;-1 77 RESOLUTION ACCEPTING THE WORK FOR THE 8' TRAIL LOCATED ON OUTLOT "A" OF LINDEMANN SUBDIVISION - PART ONE AND OUTLOT "I" OF LINDEMANN SUBDIVISION - PART THREE, AND FOR CERTAIN PUBLIC SIDEWALK IMPROVEMENTS LOCATED IN LINDEMANN SUBDIVISION - PART ONE AND LINDEMANN SUBDIVISION - PART THREE, AND DECLARING THESE PUBLIC IMROVEMENTS OPEN FOR PUBILC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the foilowing improvements. as constructed by All American Concrete, Inc., of West Liberty, Iowa, have been completed in accordance with the plans and specifications of the City of Iowa City: 8' trail located on Outlot "A" of Lindemann Subdivision - Part One and Outlot "I" of Lindemann Subdivision - Part Three; and certain public sidewalks located adjacent to Court Street and Kenneth Drive abutting Outlot "A" in Lindemann Subdivision - Part One, adjacent to Gustav Street abutting Outlot "I" in Lindemann Subdivision - Part Three, and adjacent to Gustav Street abutting Outlot "J" in Lineemann Subdivision - Part Three. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said public improvements are hereby accepted by the City of Iowa City, Iowa and that ail dedications and public improvements previously set aside as not being open for public access are hereby formaily accepted and declared open for public access and use. Passed and approved this 13 t h day of June ,20 06 ~LJ~ AYOR ATTEST:~~~ <>)!. #.---vJ CITY ERK APprovedb~ Jf[;:c uhltJl(". City Attorney's !fice It was moved by . Champion and upon roil cail there were: and seconded by Bailev the Resolution be adopted, AYES: NAYS: ABSENT: 11 11 11 11 11 11 v Bailey Champion Correia Elliott O'Donneil Vanderhoef Wilburn pwenglresllindemann 1 &3.doc '(("'(If) ,~ 1 -_::. -~ t~~!:'t ~-';'~~IIII" .......~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240.1826 (319) 356-5000 (319) 356-5007 FAX www.icgov.org ENGINEER'S REPORT June 2, 2006 Honorable Mayor and City Council Iowa City, Iowa Re: Lindemann Subdivision - Part One & Lindemann Subdivision - Part Three Dear Honorable Mayor and Councilpersons: I hereby certify that the 8' trail and certain public sidewalks located in Lindemann Subdivision - Parts One and Three, as constructed by All American Concrete, Inc. of West Liberty, Iowa, have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The 8' trail is located on Outlot "A" of Lindemann Subdivision - Part One and Outlot "I" of Lindemann Subdivision - Part Three. The public sidewalks are located adjacent to Court Street and Kenneth Drive abutting Outlot "A" in Lindemann Subdivision - Part One, adjacent to the Gustav Street abutting Outlot "I" in Lindemann Subdivision - Part Three, and adjacent to Gustav Street abutting Outlot "J" in Lindemann Subdivision - Part Three. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, ~72 f---.. Ronald R. Knoche, P.E. City Engineer pwenglengrpt.lindemann 1 &3. doc M\--;" c Lt-c~\ ) Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-178 RESOLUTION RESCINDING RESOLUTION NO. 05-166. WHEREAS, Resolution No. 05-166 authorized the Mayor to appoint Dan Clay as a non-voting, advisory member to the Commission; and WHEREAS, Dan Clay has submitted his resignation from the Iowa City Airport Commission because he is moving out-of-state; and WHEREAS, it is in the public interest to rescind Resolution No. 94-292. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. 05-166 is rescinded in its entirety. Passed and approved this 13th ''''fCd: u~ MAYOR ATTEST: >>~k. ko~ CITYERK Approved by ~~ (,-(c).-G(.. City Attorney's Office Resolution No. Page 2 06-178 It was moved by Chamoion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x X X X ABSENT: Bailev the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn 4~(s- J Marian Karr From: Sent: To: Cc: Clay, Daniel L [daniel-clay@uiowa.edu] Friday, June 09, 20067: 17 AM 'City Council Sue Dulek; rdhartwig@hartwigmotors.com June 9, 2006 Dear Iowa City Council: Please accept my resignation from the Iowa City Airport Commission effective immediately. I have accepted an administrative position at Western Illinois University, so my family will be relocating to Macomb, IL this summer. I believe the airport is currently in great shape. The airport is much closer to fiscal self-support, the facilities are in the midst of substantial upgrade and repair, and the public perception of the airport's contribution to the greater Iowa City community is much improved. We have created and begun implementation of a strategic plan that emphasizes fiscal responsibility, continued improvement of the airport, and maximizing the airport's ability to support economic development for this community. Most importantly, the communication between the Commission and the Iowa City staff and City Council has improved greatly, which has led to more efficient and cost-effective management of the airport. The many positive changes that have occurred at the airport in the last couple years would not have been possible without the support of excellent city staff, especially Steve Atkins and Sue Dulek. Thank you for entrusting the Commission to make necessary changes and for your continued support throughout the process. Much work remains to be done in order to realize the goals of the Airport Strategic Plan, but I am confident that the continued leadership of Randy Hartwig and the other commission members and the continued support of the City Council will ensure that these goals are reached. Thank you for giving me the opportunity to serve on the Commission. Sincerely, Daniel L. Clay 629 Fairway Lane SE Iowa City, IA 52240 1 (/1\'1 I ~~(~) I Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. On-17Q RESOLUTION OF INTENT TO APPROVE A THIRD AMENDMENT TO A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WAL- MART REAL ESTATE BUSINESS TRUST FOR APPROXIMATELY 21.76 ACRES OF PROPERTY LYING WITHIN LOTS 10 THROUGH 17 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION AND LOTS 2, THROUGH 4 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION - PART TWO, AND SETTING A PUBLIC HEARING FOR JUNE 27,2006 WHEREAS, The North Airport Development Subdivision and North Airport Development Part Two Subdivision include commercial lots which have been marketed for sale to the general public; and WHEREAS, City has entered into a purchase agreement for the sale of approximately 21.76 acres of property lying within Lots 10 through 17 of North Airport Development Subdivision and Lots 2 through 4 of the North Airport Development Subdivision - Part Two to Wal-Mart Real Estate Business Trust; and WHEREAS, Wal-Mart Real Estate Business Trust is requesting that the purchase agreement be amended to provide for the sale of additional land, up to an additional 1.5 acres adjacent to the east of the approximately 21.76 acre subject parcel, at the price of $4.95 per square foot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT; 1. The City Council does hereby declare its intent to approve a third amendment to the purchase agreement between the City of Iowa City and Wal-Mart Real Estate Business Trust for the above-referenced property, and to dispose of said property in accordance with that agreement. 2. A public hearing on said proposed amendment should be and is hereby set for June 27, 2006, at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street, Iowa City, IA or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 1,th day of June , 20..ll6....-. (~U~ MAYOR ATTEST: )?~~ I!. ~~ CITY ERK C,/I;/~'" Resolution No. Page 2 06-179 It was moved by Charnoion and seconded by adopted, and upon roll call there were: AYES: y x x x NAYS: x x x ABSENT: Bailev the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn I ~ j ~~~~'t -.;;;::..... ~rm.' ...... CITY OF IOWA CITY MEMORANDUM r=J Date: June 7,2006 To: From: City Council Stephen Atkins, City Manager Re: Extension of Closing Date in Wal-Mart Purchase Agreement The purchase agreement with Wal-Mart currently provides for closing to occur no later than July 31, 2006, unless a later date is mutually agreed upon by Wal-Mart and the City. As you know, the District Court recently ruled in favor of the City in the two lawsuits challenging the rezoning and special exception granted for the property. Both the rezoning and special exception are contingencies in the purchase agreement. However the plaintiffs in those lawsuits have appealed both District Court decisions to the Iowa Supreme Court. Wal-Mart is now requesting an extension of the closing date in the purchase agreement until "30 days after a non-appealable decision is rendered on each of the pending lawsuits." The agenda for your June 13 meeting contains an item for the setting of a public hearing on this request. It is uncertain when a "non-appealable decision" will be rendered in the pending lawsuits. The timing of the issuance of such decisions depends in large part on how soon the cases are heard and considered by the Iowa Supreme Court or Iowa Court of Appeals, as well as the nature of the decisions rendered. In any event, it is my understanding it could easily be twelve months, eighteen months or longer before non-appealable decisions are rendered. The effect of further extension of the closing date in the purchase agreement is to keep the property off the market for a possibly significant period of time, with no guarantee the transaction wil eventually close. City Staff continues to proceed to meet all of the City's contingencies in the purchase agreement in preparation for a closing by July 31, 2006. Given the uncertainty and possible length of time the property would be off the market if Wal-Mart's request for an extension is granted, I do not recommend the City Council grant the request. cc: Eleanor M. Dilkes, City Attorney Karin Franklin, Director, Planning & Community Development Rick Fosse, Director, Public Works Mitchel T. Behr, Assistant City Attorney /1afdu~~' DEFEATED 'Id CS) Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION OF INTENT TO APPROVE A FOURTH AMENDMENT TO A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WAL- MART REAL ESTATE BUSINESS TRUST FOR APPROXIMATELY 21.76 ACRES OF PROPERTY LYING WITHIN LOTS 10 THROUGH 17 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION AND LOTS 2, THROUGH 4 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION - PART TWO, AND SETTING A PUBLIC HEARING FOR JUNE 27, 2006 WHEREAS, The North Airport Development Subdivision and North Airport Development Part Two Subdivision include commercial lots which have been marketed for sale to the general public; and WHEREAS, City has entered into a purchase agreement for the sale of approximately 21.76 acres of property lying within Lots 10 through 17 of North Airport Development Subdivision and Lots 2 through 4 of the North Airport Development Subdivision - Part Two to Wal-Mart Real Estate Business Trust; and WHEREAS, said purchase agreement, as previously amended, provides for closing to occur no later July 31, 2006, unless a later date is mutually agreed to in writing by the City and Wal-Mart; and WHEREAS, there are two pending lawsuits on appeal, challenging the rezoning of the subject property and a special exception granted for the subject property, both of which are contingencies in the purchase agreement; and WHEREAS, Wal-Mart Real Estate Business Trust has requested an extension of the closing date provided for in the purchase agreement "until 30 days after a non-appealable decision is rendered on each of the pending lawsuits". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to approve the requested amendment to the purchase agreement between the City of Iowa City and Wal-Mart Real Estate Business Trust for the above-referenced property, and to dispose of said property in accordance with that agreement. 2. A public hearing on said proposed amendment should be and is hereby set for June 27, 2006, at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street, Iowa City, IA or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this day of ,20 . MAYOR ATTEST: CITY CLERK Approved by K'~ (P/7/t;fL, Resolution No. Page DEFEATED It was moved by and seconded by adopted. and upon roll call there were: the Resolution be AYES: NAYS: y y x y x x y ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~.,------~-_..._-~,.._-----~-_.---"--,._'-_._-_.._-- It ~ Prepared by: Mitchel 1. Behr, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-503f-.2,U RESOLUTION NO. 06-180 RESOLUTION OF INTENT TO CONVEY THE RIGHT-OF-WAY IN AN ALLEY IN BLOCK 27 LYING BETWEEN SOUTH CLINTON AND SOUTH DUBUQUE STREETS TO THE NORTH OF BENTON STREET, TO JOHNSON COUNTY, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JUNE 27, 2006. WHEREAS, the City Council is considering passage and adoption of an ordinance vacating the following described right-of-way; The Alley of Block 27, plat of an Addition of lots to Iowa City, as laid off as the County Seat of Johnson County, laid off by F.H. Lee, Country Agent, June 20, 1842, according to the plat thereof recorded in Book 1 & 2, page 301, Deed Records of Johnson County, Iowa, more specifically described as follows: Commencing at the northwest corner of Lot 1, Block 27, plat of said addition, thence south 320 feet along the west line of Lots 1, 2, 3 and 4 and parallel with Dubuque Street; thence west 20 feet parallel with Benton Street; thence north 320 feet along the east line of Lots 5, 6, 7 and 8 and parallel with Clinton Street to the northeast corner of Lot 8; thence east 20 feet, parallel with Lafayette Street to the point of beginning. WHEREAS, Johnson County has purchased or is in the process of purchasing all privately held property lying between South Clinton and South Dubuque Streets to the north of Benton Street, and wishes to acquire said right-of-way from the City without compensation; WHEREAS, Iowa Code Section 364.7(3) provides that the City may dispose of real property to a governmental body for a public purpose, without monetary compensation; and WHEREAS, conveyance of said right-of-way property to adjacent property owner Johnson County, Iowa, subject to necessary utility easements, is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to convey its interest in the above- described right-of-way, subject to necessary utility easements, to Johnson County. 2. Public hearing on said proposal should be and is hereby set for June 27, 2006, at 7:00 p.m. in Emma J. Harvat Hall at City Hall, 410 East Washington Street, Iowa City, Iowa or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 11th day of Tune ,20.....ilii..... Ci?u~ ATTEST: Y7~"'-d~ i! ~ CITY ERK Approved by /t~ 0 (ofu,~ Resolution No. Page 2 06-180 It was moved by rhompi nn and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x Bailev ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn the Resolution be ABSTAIN: x c:J Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB05-00022) RESOLUTION NO. 06-181 RESOLUTION APPROVING FINAL PLAT OF CARDINAL RIDGE - PART THREE, IOWA CITY, IOWA. WHEREAS, the owner, The Estate of Wilfreda A. Hieronymus, filed with the City Clerk the final plat of Cardinal Ridge - Part Three, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Cardinal Ridge Part Three Beginning at the Northwest Corner of Section 7, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N88030'37"E, along the North Line of said Northwest Quarter of the Northwest Quarter, 1569.06 feet, to the Northeast Corner thereof; Thence SOoo22'56"W, along the East Line of said Northwest Quarter, 343.78 feet, to the Northeast Corner of Cardinal Ridge - Part One, in accordance with the Recorded Plat thereof; Thence N89037'04"W, along the North Line of said Cardinal Ridge - Part One, a distance of 101.22 feet; Thence S52054'25"W, 60.68 feet; Thence S08011'49"W, along said North Line, 243.84 feet; Thence Southwesterly, 123.41feet along said North Line on a 50.00 foot radius curve, concave Southeasterly, whose 94.39 foot chord bears S27"29'10"W; thence Southeasterly, 25.62 feet, along said North Line on a 20.00 foot radius curve, concave Southwesterly, whose 23.90 foot chord bears S06031'32"E; Thence S30010'25''W, along said North Line, 27.96 feet; Thence N59049'35"W, along said North Line, 150.00 feet; Thence N16036'44"W, along said North Line, 146.52 feet; Thence N49025'47"W, along said North Line, 107.57 feet; Thence N80002'48''W, along said North Line, 88.00 feet; Thence S69057'12"W, along said North Line, 127.28 feet; Thence S24057'12"W, along said North Line, 181.81 feet; Thence S22004'21"W, along said North Line, 120.83 feet; Thence S14036'59"W, along said North Line, 78.60 feet; Thence S75016'37"W, along said North Line, 85.04 feet, to the Northwest Quarter thereof, and the Northeast Corner of Cardinal Ridge - Part Two, in accordance with the Recorded Plat thereof; Thence S78011'28"W, along the North Line of said Cardinal Ridge - Part Two, a distance of 67.31 feet; Thence S86022'01"W, along said North Line, 73.01 feet; Thence S 01034'11"E along the North Line of said Cardinal Ridge - Part Two, 124.90 feet; Thence Northwesterly, 77.59 feet, along said North Line on a 228.28 foot radius curve, concave Northeasterly, whose 77.22 foot chord bears N81049'56"W; Thence S17054'19"W, along said North Line, 187.65 feet; Thence S86004'14"W, along said North Line, 41.34 feet; Thence S63035'01"W, along said North line, 77.15 feet; Thence N70001'OO''W, along said North line, 154.70 feet; Thence N23037'01"W, along said North Line, 76.87 feet; Thence N34019'31"W, along said North Line, 29.51 feet; Thence N89023'28"W, along said North Line and the Westerly projection thereof, 131.56 feet; Thence NOoo36'32"E, 111.03 feet; Thence Northwesterly, 31.42 feet, along a 20.00 foot radius curve, concave Southwesterly, whose 28.28 foot chord bears N44023'28"W; Thence N89023'28"W, 5.00 feet; Thence NOoo36'32"E, 60.00 feet; Thence Northeasterly, 31.42 feet, along a 20.00 foot radius curve, concave Northwesterly, whose 28.28 foot chord bears N45036'32"E; Thence NOoo36'32"E, 36.75 feet; Thence Northeasterly 75.52 feet, along a 248.88 foot radius curve, concave Southeasterly, whose 75.23 foot chord bears N09018'07"E; Thence Northeasterly, 90.52 feet along a 298.32 foot radius curve, concave Northwesterly, whose 90.18 foot chord bears N09018'07"E; Thence NOoo36'32"E, 105.35 feet; -~-----_.,.__._---_.~_._~---_._--_.._-_._---~--------- Resolution No. Jlfl::181 Page 2 Thence S89023'28"E, 30.00 feet, to a Point on the West Line of the Northwest Quarter of said Section 7; Thence NOoo36'32"E, along said West Line, 511.93 feet, to the Point of Beginning. Said Tract of land contains 27.89 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2005) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 11th ''Ymc;1uL MAYOR Approved by ATTEST:~,,) }/ -klvvv CIT LERK >f(~ (tJ&:> Resolution No. Page 3 06-181 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: x x y 1{ x y 1{ NAYS: Vanderhoef the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~ Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (SUB06-D0005) RESOLUTION NO. Oh-l R? RESOLUTION APPROVING THE PRELIMINARY PLAT OF HOllYWOOD MANOR, PART 9, IOWA CITY, IOWA. WHEREAS, the owners, ST Enterprises L.C., filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Hollywood Manor, Part 9; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Hollywood Manor, Part 9, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 11th day of ~(- M.A; OR ,20....D..6...-. J~ ATTEST:~~--V...) ~ ~~ CI LERK Approved by (J, ~ g?; City Attorney's Ice to/7/1?a, It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: NAYS: O'Donnell the Resolution be ABSENT: 1[ 1[ x x Bailey Champion Correia Elliot O'Donnell Vanderhoef Wilburn 1[ 1[ x To: Planning & Zoning Commission Item: SUB06-00005 GENERAL INFORMATION: Applicant: Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: Public Services: { (' !j) I STAFF REPORT Prepared by: Karen Howard Date: May 18, 2006 ST Enterprises L.C, 2621 Catskill Court Iowa City, IA 52245 MMS Consultants 1917 S, Gilbert St Iowa City, IA 52240 (319) 351-8282 Preliminary Plat Development of 12 single family homes South of Burns Avenue, East of Wetherby Park, West of Russell Drive 4,84 acres Residential! RS-5 North:Residential! RS-5 South: Residential! RS-5 East: Residential! RS-5 West: Public parkland! P1 Low Density Residential Wetherby March 16, 2006 April 30, 2006 (waived by the applicant) Municipal water and sewer service is available to serve the property, The property is subject to a sanitary sewer tap-on fee, a water main extension fee and a storm water management fee, Police, fire protection, and sanitation services will be provided by the City, 2 BACKGROUND INFORMATION: The subject property is the former estate of Helen Jensen and contains a single family home on approximately 4.84 acres located directly east of Wetherby Park. This pr~perty will be the final part of the larger Hollywood Manor subdivision that extends east to Sycamore Street. The northern portion of the property represented on the proposed plat as lots 1-8 has been zoned Low Density Single Family (RS-S) since 1983. The southern portion of the property represented on the proposed plat as lots 9-12 was conditionally rezoned from Interim Development to RS-S in 1994. The conditions that apply to this particular property are a requirement for a pedestrian walkway to provide access for the neighborhood to Wetherby Park and a requirement that fees be paid in lieu of park land dedication (the neighborhood open space ordinance was not adopted at the time of the rezoning). The existing house will be retained on the newly platted lot 9. Hollywood Manor, Part 6 was approved and developed beginning in 1991il. The final plat for Part 7 was approved in 2000. The preliminary plat for Part 8 was originally approved in 1999, but expired in 2001 before a final plat was approved. This plat was resubmitted and approved in 2003 and is nearly fully developed. ANALYSIS: Compliance with Comprehensive Plan: The proposed subdivision is consistent with the Comprehensive Plan, which indicates that this area is intended for single family residential development. The proposed home lots are larger than the surrounding, lots due to the cui de sac design and the triangular shape. The homes are likely to be similar in scale and type to the homes built in other parts of the Hollywood Manor subdivision. Access and street desiQn: The proposed subdivision contains two streets, a cui de sac that terminates at the end of Wetherby Drive and a loop drive that terminates at the end of Tofting Circle. The loop design was used in order to preserve two large white pine trees within the median. The City generally encourages streets to be extended or connected to other streets within the neighborhood. However, these street designs are suitable for this location because the lots back up to Wetherby Park. Extending these streets or conneQting them would add little to neighborhood connectivity and would require more pavement than is necessary. Environmentallv Sensitive Areas: The property proposed for subdivision contains a number of mature trees, several groupings of which meet the definition of a grove, as sElt forth in the City's zoning ordinance. The majority of the trees on the property are of evergreen variety likely planted in a linear pattern around the farm house for shade, privacy arhd as awindbreak. A Levell Sensitive Areas review was required to determine whether the proposed plat met the sensitive areas standards for preserving groves of trees. A Levell Selnsitive Areas review is an administrative review conducted by staff, appealable to the Board of ~djustment. According to the sensitive areas ordinance, groves of trees must be protected and retained to the extent practicable and the street rights-of way, public utility corridors and building sites should be located so as to minimize their impact on groves of trees. Staff worked with the developer and suggested several modifications to the subdivision design originally submitted in order to preserve more of the trees. These modifications included: . Adjusting lot lines so larger portions of the groves could be preserved at the rear of the home lots, while still providing sufficient buildable area for the Iypes of homes desired by the developer; I . Establishing conservation areas as indicated on lots S, 6, 10 and 11 that will serve to protect these gro*es of trees over time. Within the groves 104ted alcmg the park ppdadmin\stfrep\sub06-00005-hollwood part 9.doc 3 boundary 8 large trees will be removed to ensure sufficient building area on each of the lots. I . The grove that extends in an east-west direction on lots 3 and 41 is more difficult to protect given the design of the subdivision. Staff suggested thai the applicant utilize a loop street design rather than a standard cui de sac so that two lof the most significant trees in the grove could be preserved in the median. Careful comstruction practices will need to be observed so that these trees are not damaged durin~ development. With these modifications, staff approved the Sensitive Areas Development Plan. Given the concern expressed by surrounding property owners and the amenity v~lue that mature trees provide in neighborhoods, staff also urges the developer to preserve ot~er mature trees not located within defined groves to the extent practical. Neiahborhood parkland or fees in lieu of: The proposed subdivision is approximately 4.84 acres in size. The open space required for this subdivision is 4,954 square fclet. According to the conditional zoning agreement, the developer is required to dedicate lant! for and build a pedestrian walkway from this last part of the Hollywood Manor subdivision to Wetherby Park. When Hollywood Manor, Part 8 was platted in 2003, the subdivider illu~trated in conceptual form how this requirement of the conditional zoning agreement would be met. Two pedestrian connections were shown on this concept plan, one extending from the ~nd of each cui de sac bulb to the park. The Parks and Recreation Department recommends that only one pedestrian connection be built, located at the end of Wetherby Drive. A walkway at the end of Tofting Circle is not recommended for two reasons. The proposed walkway wo~ld lead directly into the popular garden plot area of the park, where there is no trail for the walkway to connect with; and construction of a trail at the end of Tofting Drive would mean loss of additional mature trees that could otherwise be preserved on the future home lots near the boyndary of the park. Outlot A, as illustrated on the submitted plat, is the intended location for the pedestrian walkway. According to the conditional zoning agreement the developer! is responsible for constructing an 8-foot wide sidewalk within this 20-foot right-of-way at ~he same time as the abutting street is constructed. Outlot A is approximately 2,587 square f~et, leaving an obligation to pay an open space fee based on the remaining open space obligation (2,367 square feet). The amount of this fee will be determined at the time of final plat. ' I Storm water manaaement - This property drains in three different directions. Stormwater calculations indicate that the portion of the property that drains to the north will not cause an increase in stormwater run-off from the pre-development flow, so stormwater management is not required. The middle section of the property (2.02 acres) drains to the S<iluth Sycamore Drainage Corridor. Stormwater fees of $2,775.68 per acre apply to this portion of Ihe subdivision for a total of $5,606.87. Drainage of the southernmost portion of the property is s?mewhat problematic. 1.67 acres of land in the southern portion of Hollywood Manor, Part 9 currently drains to the southwest across a yet to be developed portion of the Brookwood Point $ubdivi$ion. Brookwood Point was preliminary platted without providing a means to connect this ~art of Hollywood Manor into the storm sewer system. The developer is working with the neighbolring property owner to obtain a stormwater easement and an agreement that would allow connfction into the storm sewer system in Brookwood Point at such time as that subdivision is de~eloped. Once those issues are resolved to the satisfaction of the City Engineer, staff recomrryends approval. Water Main and Sanitarv Sewer Fees: Development of this subdivision till result in water main fees of $395 per acre for a total of $1 ,911.80. South Sycamore Sanita~ Trunk Sewer tap-on fees are required at $1796.50 per acre for a total of $8,695.06. ppdadmin\slfrep\sub06-DOOO5-hollwood part 9.doc 4 STAFF RECOMMENDATION: I I Staff recommends deferral of this item until the deficiencies and discreparcies li$ted below are resolved. I Upon resolution of the deficiencies and discrepancies, staff recommends' that SYB06-00005, a preliminary plat of Hollywood Manor, Part 9, a 4.84-acre, 12-lot residenti<\1 subdivision located at the ends of Wetherby Drive and Totting Circle, be approved. DEFICIENCIES AND DISCREPANCIES: 1. Revise location of stormwater outlet for southern portion of the prpperty to coincide with proposed off-site stormwater easement on Brookwood Pointe su~division. 2. A note on the plat indicating plans for off-site storm water manag1" ment ~"or southern portion of the property that drains south across the Brookwood P inte s~bdivision. 3. Revised grading plan required to coincide with stormwater mana ement plans for southern portion of the property. I 4. A note on the plat indicating that an 8-foot wide sidewalk connection to Wetherby Park will be constructed by the developer within Outlot A at the time the al:1utting street is constructed. . ATTACHMENTS: 1. Location Map 2. Plat Approved by: ~<.~~....... Robert Miklo, Senior Planner, Department of Planning and Community Development ppdadmin\stfrep\sub06..oooo5-hollwood part 9.doc \_ll \_, -~ 31JtJIJ tl::lVH\1' d T-- LI !,...~.~ JO~~J^S ~ '" ", > 0 <C Z <C 0 Z en <C '" w 0 ~ ~ '-' Cj <C U ~ t3 ~ ~ ~ ~ G I-- I I VB I I I I I I , ~ ; , , , => z w > <C w > <C :"..1 ?;: , v; , => o " . z , <C I v; ~ I I! I I i""'- Vl i ---I -! r -+1,tI) ~ I I m ~-T i I I i I '" o '" <C i'2 CD , , , , ~. I .C" I ~_.--------- ~\ ~'- (, ~l.O\ cc. " e!' 'SliP. ] ll,. ,.,,'j :'~~..' [O~V~~Ol~: ,v; ~. , .....'T I I I ., , ' , ,I ;. 1_ r o " CD DC ,.0 'r. ,... C~J "\ "' '. VI,.IS'.'''.]. <t .:",". C) " ".., - ~ --; !'-"" ~ ! '., ~ ~o 113SSmJ LO en II: T"'" a.. ~ .0 \... .."( C]j \... ..c CJ -f...,Q ~ ~ ~ ....J.. Lt') c a. o i ( i'- L{) o o o o I co o co ::::> (j) 0') t co a.. .... o c co ::2: "0 o o 3: >- o I .. z o >-< f-; ~ u o .....l ~ f-; >-< rJl -t. ~ -=... PllTPREF'JRmRY' IlWSCOHSULTANTSllIC Ul17S0U'l'llGILBERTST JOYACITY,IOWA52240 -= STEntorprill...L.C 2621 c.ttkill Court IO'ACm,I01lA52245 slIRmvrn~R'S i1"l'ORlf<<Y' SIlrahSwartzeodruber arodly II RU.y PC OneSllllberlSl IOWACITY,lOlIA52240 ""'" tsrm:OF IIEWllENSt:Il C!OPmJ!HAYmC 120 1/2 C WASKl/lll'l'ON ST IOWA cm, lA5i2240 .--.........-,............. , --."..,..-.......-..-... "'......".....--."""..-......".... ....-,."...........--.-.............. .........-....-......."'''..'''-....,. .......".............""'''''......-....... ...n___........... ..-..."".-...."'''.............,..- -. ,.......--....,-..........".....-. ",,,,,,""=""'''1>000,",,''''''.'0''' ~..:'""_.._...',"fk""........."'..__ ~_.__]O........,_._.....-....... ::;,i;.:i;..~"""''''''''''-'''''''''''' ......_"""""'..........,.,,,.'""'",,.. """"'''''''''~"......_-''--'''"._- .,..._- ._.._..""....." '"''..TY,....-....._...''''' ::,.:=:.:::;,,=:.:,::,~;:~,-,- ...-.'....III'<aIUITI,..."JIj. '=::; =..."'t;"-~"..~..=,~~,'=- l:;"=.r-:.::.,,=-o;:..-.=.~.~'":~ ~,"'_."""'''--- - ......""""" ."..-,..."",,,- _1_....._.-.1,011.1. ..........- "'."..~....,...,-""'."....."'- ........,_.......",<1......... .....- ",,,,,=-"__.-.cEA"__"'. ttl::::,F.'f......",..." I :':..-- -.-., -, I ~ '~... I '~: ~~::~t~ III ;.t<~ I ~ '>'":",,,-,"'"":""',.,..' ...,,;,ff .."'...., IC1O< ......~-.,' W[THERBYDII_& TOfTlNG D~CU: ""''''''<T''f(1~ ><<llTo,e",", .._T......____..._...... PLAT/PLAN APPROVED bylhe City of Iowa City 0' "" .. !J~Lllr..5E..."TS,....._"""'....WH""~..HOT. =~ ~~~~J~;J'~.~~.:~...:~;'~ ~;:~ t~:.i;~i;~~~~.= ...............__.......'OII..._a_. 011_ _,....._....,,-. """... -- .......... ~i~ ~~ ~ " ! , ! i " 1 __III..~ : 1 , , - - t~=~L~=~:-~;-- =,,]~ PRELIMINARY PLAT & SENSITIVE AREAS DEVELOPMENT PLAN HOLLYWOOD MANOR PART 9 IOWA CIF, IOWA :'IT.:.,,=",: \;::~"'... --~- ~~~~-~~~.: ",'*'- !\oo o ,," ,- " " ~:I !I; ~.I' ~ 'I I ~""l, ~: ' ,'\... / .1""\:'" ' ILl i\ \/ ""\ 0.,.,-11 "'''-oh,' '! ' '';\ :. '''''''"'',1 ~'N' ii' , -F--..'--I,{ , ~"J,2. . I \ 'JI i "n'''''i''u ,,,~\ \ ,.. 1.0:\, I' "'\". "" ' l_",,,~,,, . ,-,I , -- " X~) __c,'e-----' I ,')(, \ / ...--".M.... '1' 1 :''''''<J'' /,' ......, - ""l~ X' "i'l ,,' l_...J ,I I c:J' .., I, , .-...- ~="'I, \ . --=:s=~-=t=--:=-~ ------ f7'[. ..u",,-,_"/ :;'~:':' 'i I, I ~i5 0'" ",'" d ;:" ~i5~ ;11 ~~~ m~ 1111 III III lH I! II JI~~~11 II lli~llu Iii UI~~ ---.------.-.-.........-- .. ~"'~~g.. ,------.---<-- ="'".~.'.~..." ...... .........""'f .. 1..~"Jff'':' I r~R;; . i " OJ -~- If!~ , --'. . " - ~, , "11---'--- , , I, -j , , --I ~:=:L.. .. ;. //' ~-~- ----..---- :X-=-__-== : !!, -.~". -..-.-- -.......,,"",,"--" !,~t _ -'--- -'-- __....".~"..ALI .,..""''''''.... ."""....-- -",,"'.'--""" :r=~':.',,;:~,;;:,;:;.;'= ~~~~::;~rt::=~~ ; April 14, 2006 Iowa City Planning & Zoning Commission 410 E. Washington Street Iowa City, Iowa 52240-1826 , RE: Objection tp Proposed 1\dditipn Hollywood iManQr fPart 9 Dear Commission: This letter is written in response to your letter 4ated iApril 6, 2006 concerning the proposed addition to Holly!Woodi Manor, Part 9. I object to this proposed addition because of th~ increased vehicle traffic it will cause, along with the increljlsed pedestrian and animal traffic, in addition to the increased ~rimel this addition would cause. I purchased my home n 1999 when there was a cOrn field to the southeast of my lot. Now it is full of new houses; , The integrity of the quiet neighbor is gone, and this JIlew I , proposal will only add to the congestion in this part ~f town. Whatever happened to the Iowa farm land? For these reasons I object to this proposal. smce(yMlW Judy Hoit 1337 Burns Avenue Iowa City, Iowa 52240 Memo Regarding Hollywood Manor Expansion Part 9: We are concerned about the effect that the Hollywood Manor expansio~ will h~ve on the wildlife and preexisting mature trees in the neighborhood. These trees house hijndredsl of birds and add to the aesthetic value of the neighborhood. In addition, the presence o~matur~ trees clearly increases the value of the existing properties in the neighborhood and tile futu~e value of any properties created by this expansion. , My wife and I currently reside at 2349 Russell Drive. Under the current plansf our property stands to lose substantial value as a result of the expansion. In purchasing thisl property in 2005, the presence of mature trees in the area adjacent to our backyard was viewed (~nd advertised) as a primary selling point. ' We have considered a few options for continuing this expansion in a manner ~ore conducive to environmental preservation and more considerate to existing property dwners:1 i ; , I. Decrease the allowable expansion to seven lots and maintain the apJllroxim4te region designated as Lot 8 as preservation for the existing trees and wildlife. ~ot 8, aIs currently designed, is oddly proportioned and appears crowded in relationship to'the pr~existing and additional proposed lots. I I 2. Reroute the southern aspect of the proposed Tofting Circle to allow;reorga!ization of Lots 7 and 8. This would permit many of the trees in Lot 8 to be maintained While st II allowing adequate street access to each of these lots and preserving the trees in the cent r of the proposed Tofting Circle. I I 3. Mandate movement of some of the trees scheduled for destruction t~ line t~e eastern aspect of the Lot 8 property. At a minimum, we would ask that the two large evergreen~ adjacent to our backyard be preserved. I I I Thank you very much for consideration of our proposals. Weare willing to dIsCUSS our views in person at any time as our proposals are somewhat difficult to depict in written! form. We will be in attendance at the planned hearing to discuss this issue. " We understand that considerable time and effort has been spent in creating th~' current plans. In addition, we do appreciate the concessions that have already been made to pre erve some of the larger trees on this property. However, we feel that additional consider,ation f our concerns is warranted as the Iowa City Planning and Zoning Commission has a primary r sponsibility to protect both the environment and the property owners ofIowa City. i Respectfully submitted, :!1~ t;Y!~ W /fIJL.. Andrew and MaryEdith Malin 2349 Russell Drive Iowa City, IA 52240 319-358-2976 N\J..~ ~7- L; L..l-J Prepared by: Susan Dulek, Assl. City Attorney, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-181 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2667 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 2667 Indigo Court, also known as Lot 87, Whispering Meadows Subdivision, Part Two; and WHEREAS, a public housing program tenant has offered to purchase the home at 2667 Indigo Court for the principal sum of $107,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, on May 23, 2006, the City Council adopted a Resolution declaring its intent to convey its interest in 2667 Indigo Court, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 2667 Indigo Court, legally described as Lot 87, Whispering Meadows Subdivision, Part Two, Iowa City, Iowa, to a public housing program tenant. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $26,750. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this 13th day of June , 2006. (~CJ~ MAYOR ATTEST: )1~~'"",.-u-J -II. ~/VL) CITLERK Approved by ~ S-Jb-q::. City Attorney's Office Resolution No. Page ? Oh-lin It was moved by 0' Donnell and seconded by adopted, and upon roll call there were: AYES: NAYS: y y x x y x x ABSENT: Bailey the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn M~ (06'~'06 I Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO, Ofi-1R4 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 617 BROOKSIDE DRIVE TO A PUBLIC HOUSING PROGRAM TENANT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 617 Brookside Drive, also known as part of Lots 237 and 238, Part Four, Court Hill; and WHEREAS, a public housing program tenant has offered to purchase the home at 617 Brookside Drive for the principal sum of $137,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, on May 23, 2006, the City Council adopted a Resolution declaring its intent to convey its interest in 617 Brookside Drive, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1, Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 617 Brookside Drive, legally described as part of Lots 237 and 238, Part Four, Court Hill, Iowa City, Iowa, to a public housing program tenant. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $34,250. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this 13th day of '""" 2L2~ ( J ^ QPjvJ1 MAYOR ATTEST: '~,uJk ~J CITY ERK Approved by ~ )"-J<;-o-'> City Attorney's Office Resolution No. Page ? OIi-1RL. It was moved by Bailev and seconded by adopted, and upon roll call there were: AYES: x x x x x x 1( Correia the Resolution be NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ('/1*\ c) ~ Prepared by: Susan DUlek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-185 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2673 INDIGO COURT TO A PUBLIC HOUSING PROGRAM TENANT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 2673 Indigo Court, also known as Lot 86, Whispering Meadows Subdivision, Part Two; and WHEREAS, a public housing program tenant has offered to purchase the home at 2673 Indigo Court for the principal sum of $105,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, on May 23, 2006, the City Council adopted a Resolution declaring its intent to convey its interest in 2673 Indigo Court, authorizing public notice of the proposed conveyance, and setting the date.and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 2673 Indigo Court, legally described as Lot 86, Whispering Meadows Subdivision, Part Two, Iowa City, Iowa, to a public housing program tenant. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $26,250. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this nth day of c~c~ MAYOR ATTEST: ~~ -Jc' ~~ CIT LERK Approved by ~~~-ct(b~ City Attorney's Office _._----~---~-~----"_.._-"-,.._--'- Resolution No. Page 2 06-185 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: x x x x X X X NAYS: ABSENT: Bailey Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn the Resolution be M~ ~ Prepared by: Mitchel T. Behr, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. nh_1Rf. RESOLUTION AUTHORIZING A LEASE AGREEMENT FOR THE LEASE OF THE BUILDING LOCATED AT 2401 SCOTT BOULEVARD TO IOWA VALLEY HABITAT FOR HUMANITY. WHEREAS, the City has purchased a 3.7 acre parcel of property located at 2401 Scott Boulevard for construction and operation of a recycling facility; and WHEREAS, City Staff has negotiated a lease agreement with Iowa Valley Habitat for Humanity for the lease of the currently existing building located on the balance of the site, for operation of their Restore Project; WHEREAS, said lease will require City Council approval and is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby authorize the attached lease agreement for the lease of the building at 2401 Scott Boulevard to Iowa Valley Habitat for Humanity. 2. The Mayor and City Clerk are hereby authorized to execute two originals of the attached lease agreement. Passed and approved this 11th day of June , 20...D..6..-. ~l;~ MAYOR , Appr ved by lj?/l Iv" ATTEST: n~{/.A~ .J!. ~ CITY ERK Resolution No. Page ? Ofi-1Rfi It was moved by Chamoion and seconded by adopted, and upon roll call there were: Correia the Resolution be AYES: NAYS: J{ 1( x x 1( x X ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilbum ., .. LEASE BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY This Lease Agreement ("Lease") is made by and between the City of Iowa City ("City" or "Landlord") and Iowa Valley Habitat for Humanity ("Tenant"). RECITALS A. The City of Iowa City, a municipal corporation, is in the process of acquiring fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as 2401 Scott Boulevard, and has the authority to lease said premises. B. Tenant wishes to operate a consignment store and office in a currently existing building containing approximately 9,000 square feet of space located at 2401 Scott Boulevard, Iowa Ctty, Iowa. ' C. The parties desire to enter into a lease for the building currently located on the premises at 2401 Scott Boulevard, Iowa City, IA. In consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree as follows: AGREEMENT 1. DATE. This Lease is made to be effective as of June 1, 2006. . 2. PREMISES. Contingent upon City's acquisition of fee title to the premises situated in the City of Iowa City, State of Iowa, commonly known as 2401 Scott Boulevard, Landlord hereby agrees to lease to Tenant, and Tenant hereby agrees to lease from Landlord, for the Term the currently existing building containing approximately 9,000 total square feet of space located at 2401 Scott Boulevard, Iowa Ctty, Iowa (the "Premises"), together with access to and from the Premises via the currently existing access points to the Premises. Upon the City's determination of its intended use of the balance of the site upon which the Premises are located, City and Tenant may negotiate to amend this Lease Agreement to include the lease of an area of land surrounding the Premises. Such an amendment may be executed by the City Manager. . 3. TERM. The term of this Lease ("Term") shall be ten (10) years, commencing on June 1, 2006, unless sooner terminated pursuant to any provision hereof. Ootion to Renew. With the exception of Section 5 entitled "Rent," Tenant shaU have the option to renew this Lease upon the same terms and conditions contained herein for three (3) successive five (5) year terms following the initial term. Tenant shall be required to give notice to Landlord, in writing, not less than one hundred-twenty (120) days prior to the expiration of the current term of Tenant's intent to exercise an option for a renewal term. The Parties shall complete renegotiation of rent no later than sixty (60) days prior to the expiration of the then- current term. Should Landlord and T~nant fail to reach agreement on rent by these deadlines, the Options will expire. 4. CONDITION OF PREMISES. The Premises are provided to the Tenant in "as is" condition. Tenant acknowledges that Tenant has relied on no representations as to the condition or quality of the premises or any of its included components including heating, air- conditioning, ventilating, plumbing, electrical and other systems therein. 5. RENT. Tenant shall pay a deposit for damage or default in the amount of one-sixth (1/6) of the semi-annual rent due. Said deposit may not be offered by Tenant in lieu of regular monthly rent payments. On or before March 1 and September 1 of each year during the Term of this Lease, Tenant shall pay to Landlord as rent for the use of the Premises, an amount equal to one dollar ($1.00) plus an amount equal to any and all real estate taxes and special assessments attributable to the Premises and payable on March 1 and September 1 during the term of this Lease. As used herein, the term 'real estate tax' includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy, penalty, or tax imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof or any public or quasi-public agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises, upon Landlord's right to rent or business of leasing the Premises, or upon Tenant's use or occupancy of the Premises. If the City and Tenant cannot agree upon the amount of the real estate taxes and special assessments attributable to the Premises within thirty (30) days after March 1 and September 1 , either party may declare this Lease null and void, and Tenant shall vacate the premises within thirty (30) days. Rent shall be payable to the City of Iowa City, Attn: City Manager, at 410 E Washington Street, Iowa City, IA 52240, or at such other address as Landlord may designate by written notice as provided herein. It is agreed that Tenant shall not apply for or obtain an exemption from real estate taxes on the Premises. Any such application shall be an Event of Default under the terms of this Lease. 6. UTILITIES AND JANITORIAL. Tenant shall pay for any and all utilities for the Premises. Utilities to be paid include, but are not limited to, water, sewer, gas, and electricity. Tenant shall pay for any and all janitorial services and regular cleaning service to the Premises, as well as garbage removal. 7. USE OF PREMISES. Tenant shall use the Premises for the conduct of Tenant's operation of the consignment store and office and any other activities reasonably related thereto, at least six (6) days per week between 9:00 o'clock a.m. and 5 o'clock p.m., and shall secure the premises during all other hours. The Premises may not be used in any other fashion for any other purpose without written approval of Landlord. Tenant's use of the Premises must comply with the Amendment to Protective Covenants and Restrictions attached hereto as Exhibit A and incorporated herein by this reference. Tenant shall be responsible for general oversight of the Premises, including maintenance of the grounds, shall accept drop offs and collect payments for brown goods that are recycled at the site, accept drop offs for the Salvage Barn, accept drop offs for the Furniture Project, notify City's Landfill of overflows in City drop bins, and provide receipts for donations to the public for the City Furniture Project. Tenant shall provide sufficient office space to accommodate desks, files and phones for use by two City programs. The office space will have access to restroom facilities. Initially the City will use this office space for the Furniture Project and the Salvage Barn. However, the City reserves the rig ht to use this space for other programs. This office spaces will be accessible for City employees and staff 24 hours a day, seven days per week. Access to these spaces for the public will be limited to the hours outlined in paragraph 7. 2 ,. 8. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant observes and performs all of the agreements and covenants required of it hereunder, Tenant shall peaceable and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by Landlord. If Tenant's use of the Premises is limited or denied through rezoning, environmental impact edict, or other action of any public or quasi- public agency or governmental authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action and the rent applying to the unexpired portion of the Term will abate. 9. PROHIBITED BEHAVIOR. Neither smoking nor sale or consumption of alcoholic beverages is allowed anywhere on the Premises. This includes both tenant-occupied areas and all common areas of the building. . 10. REPRESENTATIONS, WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, warrants and covenants to Tenant that as of the Commencement Date: (a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the estate demised herein and to execute and perform all of the terms, provisions, covenants and agreements provided in this Lease; (b) to the best of its knowledge, the Premises complies with or will be made to comply with all applicable zoning requirements, ordinances, regulations, and all applicable laws, affecting the Premises or required in Tenant's use of the Premises or common areas appurtenant to the Premises; and (c) to the best of its knowledge the Premises does not contain any asbestos or Hazardous Materials (as defined in Section 28 herein) and Landlord is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Premises including, but not limited to, soil and ground water condition, and that no previous occupant of the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises any Hazardous Materials, as determined by a Court of competent jurisdiction. 11. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease all or a part of the Premises for any purpose, without the prior written consent of Landlord. If Tenant sUbleases all or a part of the Premises with Landlord's written consent, Tenant agrees.to remain primarily liable for the payment of rent for the remaining term of this Lease. 12. ALTERATIONS, IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's consent, may make any alterations, improvements, or additions in, on or about the Premises, which Tenant may deem necessary or desirable, except for structural repairs; provided such alteration, improvement, or addition costs not more than one thousand dollars ($1 ,000.00). For any improvements exceeding one thousand dollars ($1,000.00), in seeking Landlord's approval, Tenant shall submit a written description of the proposed work along with plans and drawings respecting the same, completed by a registered Engineer or Architect, to Landlord for Landlord's approval, which approval shall not be unreasonably delayed or withheld. Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on or about the Premises if the removal may be done without structural damage to the Premises. Tenant's personal property and its trade fixtures, including all machinery, equipment and fumishings, shall remain the property of Tenant and may. be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thirty (30) days after the end of the Term shall automatically become the property of Landlord. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Premises 3 " (structural or non-structural) that may be required on account of any existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the nature of Tenant's business. In no event shall Tenant make any changes, modifications, alternations, or additions to the exterior of the Premises without landlords' specific written approval, notwithstanding any provision contained herein to the contrary. 13. REPAIRS AND MAINTENANCE. Tenant shall be responsible for upkeep and routine maintenance of the Premises, including repairs to the Premises, as well as be responsible for protecting against insect and pest infestation. Landlord shall be responsible for building structural repairs, replacements or retro-fitting of a permanent character (including, but not Iim~ed to, components in the air conditioning, boiler and heating systems, HVAC system, gas lines, electrical and plumbing fixtures and hot water systems, including heaters), and all floors and floor surfaces, wall, roof (including water tightness), foundation, footings, Building Systems (as herein defined) .and structural repairs, support systems, strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant Shall promptly notify landlord of any known defect, damage, decay or dangerous condition associated with the Building System. As used herein, 'Building Systems' means the building utility elements essential for Tenant's use and occupancy of the Premises including, but not limited to, such systems as are not readily accessible to Tenant, such as underground water, sewer, electric and other utility lines and maintenance services related to the Premises. Tenant shall surrender the Premises in as good order, repair and condition, or' better, as the same were in the cOmmencement of the Term, damage by fire and items covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by Tenant and landlord's failure to repair excepted. 14. SIGNAGE. Tenant may, at Tenant's expense, install signage, consistent w~h City Code requirements, and subject to the approval of landlord. . Tenant is responsible for care, maintenance, and replacement of any and all of Tenant's signs. 15. TAXES. City, during the Term, shall pay promptly when due, any and all real estate taxes and special assessments imposed on the parcel of real estate owned by the City upon which the Premises are located. Tenant shall pay all taxes assessed against and levied upon Tenant's trade fixtures, and all other personal property of Tenant contained in the Premises. As used herein, the term 'real estate tax''' includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy, penalty, or tax imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof or any public or quasi-public agency or governmental authority, upon any legal or equitable interest of landlord in the Premises, upon Landlord's right to rent or business of leasing the Premises, or upon Tenant's use or occupancy of the Premises. 16. INSURANCE. Tenant covenants and agrees that it will at its own expense procure and maintain general insurance in a company or companies authorized to do business in the Stale of Iowa, in the following amounts: Tvpe of Coveraoe a. Comprehensive General Liability Each Occurrence Aaoreaate (1) Bodily Injury & Property Damage . $1 ,000,000 $2,000,000 4 " b. Excess Liability $1,000,000 $1.000,000 c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. 17. INDEMNITY. Landlord hereby disclaims, and Tenant hereby releases the Landlord from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the property of Tenant that may be located or stored in the Premises, unless such loss, damage or injury is caused by the Landlord's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Premises under this Lease. 18. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part by fire or other casualty, Landlord may elect to terminate this Lease or repair and restore the Premises to a good tenantable condition. If Landlord does not commence the repair or restoration within ninety (90) days after the damage or destruction occurs, or if repair or restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice of Tenant's election to do so at any time prior to the commencement of the repair or restoration. In that event, this Lease shall terminate as of the date of such damage or destruction, without further liability other than accrued but unpaid rent, utilities and or applicable taxes. 19. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this Lease shall automatically terminate, without further liability other than accrued but unpaid rent, utilities and or applicable taxes, as of the date the condemning authority takes title or possession, whichever occurs first. If any other taking (of the Premises or otherwise) adversely and substantially affects Tenant's use, access, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate this Lease, as of the date the condemning authority takes possession, without further liability other than . accrued but unpaid rent, utilities and or applicable taxes. Tenant's election to terminate shall be made in writing within thirty (30) days after Landlord has given Tenant written notice of the taking (or in the absence of such notice, within fifteen (15) days after the condemning authority has taken possession). If Tenant does not terminate this Lease in accordance with this Section, this Lease shall remain in full force and effect as to the portion of the Premises remaining. Any award or payment made upon condemnation of all or any part of the Premises shall be the property of Landlord, whether such award or payment is made as compensation for the taking of the fee or as severance damages; provided Tenant shall be entitled to the portion Of any such award or payment for loss of or damage to Tenant's trade fixtures, removable personal property, and additions, alterations and improvements made to the Premises by Tenant, and for its loss of business or the leasehold herein created or any other consequential or special damages, such as Tenant's relocation and moving expenses. 5 _.__._----,~,-"--~------~-------_._--~_.- " 20. DEFAULTS, The following shall constitute "Events of Default": (a) Monetary, Tenant shall fail to pay rent at the time required or any other monetary obligation or payment required under this lease when due, and such failure shall continue for a period often (10) days following written notice from landlord to Tenant; or (b) Non-performance, Tenant shall fail to observe or perform any of the other covenants, terms or conditions contained in the lease, or a warranty made by Tenant shall fail to be accurate and complete, and such failure shall continue and not be cured for a period of thirty (30) days after written notice by landlord to Tenant, provided that if the default is not reasonably susceptible of being cured within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such cure or fails thereafter to diligently pursue such efforts to completion; or (c) Bankruptcv: Receivership, If (i) Tenant files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or if a petition or answer proposing the adjudication of Tenant as a bankrupt or a reorganization of Tenant under any present or future federal or state bankruptcy law or any similar federal or state law is filed in any court and such petition or answer is not discharged or denied within thirty (30) days after the filing thereof; or (ii) A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or of the leased Premislls or any portion thereof is appointed in any proceeding brought by or against Tenant and is not discharged within thirty (30) days after such appointment or if Tenant consents to or acquiesces in such appointment. 21, REMEDIES. Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the continuance of .such Event of Default, landlord may take any of the following actions and shall have the following rights against Tenant: (a) Termination. landlord may elect to terminate the lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein. fixed for expiration of the Term and Tenant shall remain liable as provided in Section (c) below. (b) Eviction. landlord shall have the immediate right upon termination of this Lease to bring an action for forcible entry and detainer. (c) Tenant to Remain Liable. No termination of this lease pursuant to the provisions of this lease, by operation of law or otherwise, and no repossession of the Premises or any part thereof pursuant to this lease or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession or reletting. (d) DamaQes. In the event of any termination of this lease or eviction from or repossession of the Premises or any part thereof by reason of the occurrence of an Event of Default:. (i) Rent and CharQes. Tenant shall pay to Landlord the rent and other sums and charges required to be paid by Tenant for the period to and including the end of the applicable Term or expiration of an exercised option period as provided for by Section 3 above, whichever is later. 6 (ii) Leased Premises. Landlord shall be entitled to offset any amount owing by Tenant under the preceding section, (d)(i), against any "value added damages" Landlord may be liable for pursuant to this Lease. (e) Riahts Cumulative. Non-Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any ,other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the cOVenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy allowed to Landlord at law or in equity. (f) Landlord's Riaht to Cure. If after written notice, Tenant fails to pay any utilities charges, insurance premiums, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation, to make all such payments, and in addition to its other remedies under this Lease, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the "Default Rate"). (g) Late Charoe. Default Rate. If Landlord does not receive payment of any installment of rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord may impose a late charge equal to five percent (5%) of the amount of such delinquent sum and if such sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Non-Waiver. The failure of Landlord to insist upon strict performance of any of the covenants or conditions of the Lease, or to exercise any options herein conferred in anyone or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of any rent or any other sum payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall not be deemed a waiver of such breach. 22. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or termination of this Lease, and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises as a tenant from month-to-month, subject to all of the conditions, provisions and obligations of this Lease insofar as they are applicable to a month-to- month tenancy. 23. ACCE:SS BY LANDLORD. (a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at .Ieast twenty-four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Premises for the purposes of inspecting the same, determining whether this Lease is being complied with, and curing (as permitted herein) any default by Tenant. 7 (b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever necessary and without notice to enter upon the Premises for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Premises. 24. NON-DISCRIMINATION. Tenant covenants, in consideration of the right to lease the Premises that Tenant, its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 25. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease. 26. NOTICES. Notices, statements and other communications to be given under the terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier, 'return receipt requested, and addressed as follows: If to Landlord: Director, Public Works Dept 410 E Washington St. Iowa City, IA 52240 With Copies to: Iowa City Attorney 410 E. Washington St. Iowa City, IA 52240 If to Tenant: Iowa Valley Habitat for Humanity P.O. Box1241 Iowa City, IA 52244 The address and person for written communication may be changed upon ten (10) days' written notice to the other party. 27. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through them hereby mutually release and discharge each other, any other tenants or occupants of the building in which the Premises is located, and the officers, employees, agents, representatives, customers and business visitors of Landlord or Tenant or such other tenants or occupants, from all claims, losses and liabilities arising from or caused by any hazard covered by insurance on or in connection with the Premises or said building, even if caused by the fault or negligence of a released party. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 28. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws during the term of the Lease, but shall bear no liability whatsoever and shall not assume any conditions for any existing environmental materials or Hazardous Materiills on the Premises. landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damage, liability and expense (including reasonable attomeys' fees) that Tenant may incur as a result of any claim, demand or action related to environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting from Tenant's , activities on the Premises. 29. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental authority having jurisdiction over the Premises, any substances defined as 'hazardous substances," "hazardous materials' or "toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980,as amended, by Superfund Amendments and Reauthorization Act 42 U.S.C. ~6901, et seq.; the Hazardous Materials Transportation Ad, 42 U.S.C. ~6901, et seq.; Clean Air Act, 42 U.S.C. ~7901. et seq.; Toxic Substances Control Act, 8 15 U.S.C. ~2601, et seq.; Clean Water Act, 33 U.S.C. ~1251, et seq.; the laws, regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 30. SEVERABILITY. The invalidity or unenforceability of any provision of this lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this lease or any other provision hereof. 31. ENTIRE AGREEMENT. This lease and any addenda and exhibits attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions between Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises, agreements or conditions, either oral or written, between them. This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. 32. BINDING EFFECT. The covenants, conditions and agreements contained In the Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 33. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorney's fees to be paid by losing party as fixed by the court. 34. HEADING. Headings as to the contents of particular sections herein are inserted only for convenience, and are in no way to be construed as a part of the Lease or as a limitation on the scope of the particular section to which they refer. 35. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. (c) In the event said notice of exercise of right of first refusal is not perfected, the same shall expire; provided, however, that if said third-party offer does not result in a consummation of said sale, this right of first refusal shall continue. (d) In the event the right of first refusal is exercised, the transaction will close at the same time and upon the conditions as set forth in the third~party offer. (e) Tenant agrees: if requested by City, to execute a recordable quitclaim deed to the Premises should Tenant's tight of first refusal expire as described herein. 9 IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. landlord: Tenant: CITY OF IOWA CITY IOWA VALLEY HABITAT FOR HUMANITY ~GA Mayor .J / .,I'-- Paton Executive Dire Attest: ~~~. =F~ Ci rk ~ (Name & Title) 10 APproff~ e:.J4~ City Attorney CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this I; day of "Tv.>I!;- ,2006, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. s.....Jrvu~ Notary Public in and for the State of Iowa IOWA VALLEY HABITAT FOR HUMANITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Ill~ day of f IM'\.e.- , 2006, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Mark Patton and Kazuko M. Alward , to me personally known, who being by me duly sworn, did say that they are the Executive Director and Treasurer, respectively, of said corporation executing the within and foregoing instrument; that said instrument was signed and sealed on behalf of said corporation by authority of its board of directors; and that the said Executive Director and Treasurer as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~~Q~ Notary Public in and for the State of Iowa Mitch/8/Haboat for Humanity/Lease Acknowledgement page.doc --"---",---,---~------'""'--"-"---'---'--'-----"'".".,.~--,_.. , . #17166 - 3 (69) MICHAEL DEVELOPMENT OF IOWA LIMITED PARTNERSHIP, by Michael 1. Swenson,-General Partner, AMENDMENT TO PROTECTIVE COVENANTS AND RESTRICTioNS. Date<! July 7, 1992. Recorded July 15,1992, in Book 1403. Page 3il. to The Public. KNOW ALL MEN BY TIIBSE PRESENTS that the undersigned, being the owners of more than fifty percent (500A.) of the following described premises located in Iowa City, Johnson COWlty, Iowa, to wit: ) Commencing in the center oftbe Wyo~ing Road (also known as Lower Muscatine Road) at a point where' the same crosses the West line oCthe East Half of Section 24, Township 79 Ra.J,.ge 6 West of . the 5th P.M.; thence North along the ono-bltlf seOO.on line to the South line of the Chicago, Rock Island and Pacific Railroad right afway; thence Southeasterly aloi1g the South line of said right of way to the East fine of Section 24; thence South alQng the said East line of Section 24 to the center of WY9ming Road; thence Northwesterly along the center of said Wyoming Road to the place of begiIUling; all in Section 24, Township 79 North. Range 6 West of the 5th P.M., hereby amend the Protective Covenants and Restrictions on said property recorded in Book 359, Page 95-101 as follows: ' " I. By deleting any portion of the above described property lying within the right of way of Scott Boulevard; or of U.S. Highway 6; and or of Heinz Road. " 2. By4eleting that p"art of Lots 14, Auditor's Plat No. "32 lying witltin the above des~bed premises lind releasing that deleted property from the tenh.s of the Protective covqlants and ~ctions. 3. By deletiJig that part of Lot 1, BD.L Fourth Addition"together with that part ofa 33 foot strip of land adjoininglhe Northwesterly liDe of Lot 2, B.OJ_ Fourth Addition mOre particularly described as follows: Commencing at the most Southerly comer of Lot 1 of 8.0J. Fourth Addition to Iowa City, Iowa; "thence North 38041 '40tl"EaSt 124.88 feet along the" Southeasterly line of said Lot I to a point; thence North 51030'40':' West 50.20 'feet along the"lot lien of said Lot-l to the point of beginning of the parcel herein described; thence North 3804"1'40" East along a line which is parallel to and 33 feet_in petpe:ndicular distance from the SOqtheasterly line of said Lot' 1 660".19 feet to a point of curvature; thenCe Northeasterly along '" 413-foot radius curve concave Northeasterly 369.20 feet to_ Ii point (said curve having a 357.03-foot chord bearing North 13005'04" ~); thence Northwesterly "along a379.5 fQat radius curve concave Northeasterly 118.31 feet to a point (said curve having a 1 17.83" foot chord bearing North 31041'28" West); thence South 15045'36" EaSt 90:00 "feet: to a point; thence Southwesterly along a 380 foot radius curve concav~ Northwesterly 36I.i6 feet to a point (sald~e 'having 0347.72 foot cbord bearing South 11'28'02' Weat); th<i1oe South 38'41'40' Weat660.91 feet to "a pohit; thence, South '51030'40" East 33.00 feet to the point of bCginning. Said patcel herein described contains 0.8024 acres more or lCS!!l and is subject to easements of record, Iying.with~ the above described premises and releasulg that deleted. property from the tenus of the Proteqtive Covenants and Restrictions. " 4. By including that part of Lot 2, B.D.I.F~ Addition, presently not included within the above d~cribed premises except for any part of a 33 foot strip desaibed in the bnmediately preCeding paragraph. The land to be included is owned by Business Development, Incorporated, an Iowa Corpo~on which-specifica1lyagrees to subject this p~ to the Amended Covenants which ;follow. S. By,ineludiag that part oCLot 4, aD. I. First addition presently noi lnoluded wilbin the above described premises. This property ~s owoe4 by Economy Advertising Company. an Iowa Corpofation which specifically agrees to su!>Jeol this property to the Atrtended Covenants which follow. ' 6. By lem1inating Paragraph 1-16 ofth~ Protective Covenants andI\estrictious in their entirety and by adqpting the .following amended Protective" Covena,nts aq'd R~ictioi1s in lieu thereof, to wit: 1. AU operations on the above described 'premises shalJ be conducted or miintained wholly inside enclosed buildings, except fOr loading and unloading ofvebleles and transferring ofmaterioni:om storage areas to the enclosed building for OptntIOllS and prooeasing. ' 2, No building ,hall be buIlt on any'portion of the above described properly unless the following described , requltemetits ... met, to wit -/II EXHIBIT "A" #17166 - 4 (69 conI' d) , a) The depth of the front yard shal1 not be less than fifty (50) feet. b) AU'subdivisions shall have lots of at least three (3) acres in size unless prior approval for deviation has been granted by the Board of-Directors of-Business Development, .lneorporated. 3. All areas except for the area covered by buildings and other structures, and except for driveways, sidewalks,and other walkways, and for loading areas, storage areas and areas used for the growing of farm crops, shall be used exclusively for the planting and growing of trees, shrubs, lawn and other ground covering which shall be maintained as required ~o keep said areas in a neat and orderly appearing manner, 4. If construction of the building and structures on any single parcel purchased from Business Development, Incorporated has Dot started withm two (2) years of date of purchase of any portion of any of the above described premises, Business DeveloPment, Incorporated may exercis~ the right to repurchase of the site by refunding the purchase price and this provislon is specifically agreed to and accepted by each purchaser. 5. Business Development, Incorporated retains a first option to purchase any portion of the above !Jescribe premises.together with any strUctureS, facilitieS or buildings located thereon and.each owner bereby agrees to give written notice of said intention to seU tl? Business Development, Incorporated, aftec which Business Development, Incorporated shall ~ve a period of twenty (20) days in which to either accept or reject this offer. If the offer i$ rejected, the owner then 'has a right to sell to any third party provided that he may not sell any land offered to Business Development, Incorporated on tenus less onerous than offered to Business Development, Incorporated. 6. These covenants are to run with the lapd and shall be binding on all parties and 'all persOns claim.ing under them fo.r ten (10) years at whiclltime Bald C()venants'shall be automatically ext~ded for su~ive pmoqs often (l0) years unless by vote of the owner of more than fitly percent (5oa/o) of the' above described property it is agreed to change the said covenants in ~ole or in part. 7. If the parties hereto or any of them or their heirs or assigns shall violate or attempt to violate any Qfthe covenants Of restrictions berein, it shall be lawful for any otba person or persons owning any oth~ area in said above described property to prosecute any proceeding at law or in equity against the. perso~ or persons violating or attempting to violate any such <:ovaJ,arits or restrictions and either prevent him or them from so doing or fecover damages OC other dues for such violations. . , 8. Invalidation of anyone: of these covenants by judgment or court order .shall in no way affect any of the other provisions which shall n:main in full force and effect. . . 9. Th~ legal d~tion ofthe.prop~ sUbject to the Amended Protective Covenants and Restrictions all of which is located in Iowa City, Jobn~n County. Iowa is as fonows, to w.it .Commencing in the <:entec of the Wyoming Road (also known ,IS Lower Mus~e Road) at a point whci'e'the same aosses~the West line of the East Half of Section 24, Township 79 Range 6 West of the 5th .p oM.; thence North along the ono-half section line to the South line of the Chicago, Rock . Island and Pacific Railroad right of way; thence Southeasterly along theSouthline ofsaid right of way to the Bast line of Section 24; thence soUth along the said East line of Section 24' to the center of Wyoming Road; thence Northwesterly alOng the Center of said Wyoming Road. to the place of . beginning; all in Section 24; Township 79 North, Range 6 Woo, of the 5th P oM; except fur any portion of the aboveclescri&ed property lyinj: wlthin t!>e right of way of Scott Bonlevatd; or of U.8. IDghway 6; or ofHeinzRbad; EXCJ;.UDING that poit of Lots 14,Au~itnr'sPIalNo. 321yinj:within the above described premises and EXCLUDING LotI, BDL FonrthAddition lyinj:within the above described pmnises and EXCLUDING any"part of the following describCd premises: A 33 foot .!rip. of. land adjoining a part :of the Northwesterly line olLot 2, B.D1. Fourth Addition more particularly described IS follows: Comm~cing it the most Southerly cOmer of Lot 1 of B.D.L Fourth Ad4ition to Iowa City, Iowa; thence North 38.41'40" Bast 124.88 feet alniig the SoUthesstecly Une of said Lo' Ito a point; thence North 51.30'40" Weal 50.20 feet along theloi line nfsaid LotIto the point of beginning of the parcel hetein described; thence North 38'41'40" Bast along a line wbiJ:h is pan:allel to and 3Heet in peq>endicu1ar distance from the Southeasterly line of said Loll 660.79 feetto a point of <:1.lrV8tUte;.1hence Nortb.eastetlyalong a 413~foot'radius CIil'Ve C()D:C8.'veNorthwesterly 369.20 feet .tn a point (aaid curve having a 357.03-fOOt chord bearing North 13.05'04" East); thence Northwesterly . along s: 379.5 fool ndins cUrve concave Northeasierly 118.31 feet to s point (sald curve having a 117.83 foot chord hearing North 31.41'28" Weal); thence South 15.45'36" Bast 90.00 feetto a point; . .th.ence Snuthwooterly along a 380' foot ndins curVe concave Northweaterly 361.16 feel to a point (said .curve having a 347.72 foot chord hearing South 11"28'02' Weal); thence ~outh 38.41'40" West 660.91 feet toa point; thence, South 51'3U'40' Bast 33.00 feet to the pnint of beginning. said p.arcel herein described contains 0.8024 aaes more or. less. and is subject to easements.of record; and INCLUDING that part of.Lol 2, B.D.\. Fourth Addition not included wlthin the above d_ibed premises except for any part of the 33 foot strip desa1'bed -'>ove; and INCLUDING that pOrt of LOt .. 4, BDl. First Addition not including wlthin the above described premises.. . #17l66 - 5 (69 cont'd) 10. The owners of the above-described property to be included in the land subject to the amended covenants are as follows: A. Lot 2, BD! First Addition: Raymond L. Bywater Estate, an undivided one..half interest; W. M. Bywater, an undivided one-half interest. B. Lot 3, BDI, First Addition: Edwin J. O'Brien and Jane E. O'Brien C. Lot 4, BOI First Addition: Economy Advertising Company, an Iowa corporation D. Lot I, BDl Second Addition: Michael A. Rittenmey'er E. Lot 2, BD! Second Addition: Macbride Addition, Inc., an Iowa corporation F. Lot 3, BD! secOnd Addition: Lyle W; Miller Company. Inc., an Iowa corporation G. I.ot 4, BOI Second Addition: Michael Development of Iowa" limited partnersJ;lip H. Lots 5-6, BD! Second Addition: . Hieronymi,' an Iowa General Partnership I. Lots 7-8, BDI Second AdditiOn: Blooming Prairie Warehouse, Inc. 1. Lot I, BDI Third,Addition. except tract sold to City within Scott Boulevard Right of ,Way; Amlrican College Testing Program, IDe; K.. Lot 2, BOI Fourth Addition: Business Development, Incorporated, an Iowa corporation L. Lot I, BD! Fifth Addition: Michael Development of Iowa Limited Partnership M. Lots 2~S. BDI Fifth AMition: . . " Busin~s Development, Incotporated, an Iowa corporation N. Lot 6, BD! Filth Addition: Iowa-Illinois Gas and Electric Company O. Lots 7~9t BDI Fifth Addition: Business Development, fucorporated, an Iowa corporatio~ P. Lot 10, BD! Fl'lth Addition: . Hieronymi, an Iowa General Partnership Q. Lot 11, 8D! Fifth Addition Business Development, Incorporated, an Iowa corporation R. Lot 12, BD! Filth Addition Northwes_8e11 Telephone Co. d/b/a U.S. West Co\llll1unications S. Lot 7, Andilor Plat 32, 'except hct sold to ciiy within Scott BoalevllCd Right of Way: i.L: Pelling Company, Incorporm.d "T. 37.5 Acre Tract desaibcd Ill-follows: Cottunencing as apolnt,ofreference at the center of Section 24, ToWnship 79 North, Range 6 West of the Filth Principal Meridian, 10hns0n Conoly, Iowa; thence .outh .88'40'00'" West 341.17 feel along the NOrth line of the Snnthwest quart<< of .aid Section 24 to a point (this is ID. assumed bearing for ~ses of this description only); thence South 00'50'00" East 630.18 feet to a point on the Notther1y right of way Une of U,S. Highway #6 (fonnerly knoWn os Wyoming Road); thence South 51'56'03" East 10MO feet along the Northerly right of way line of .aid U.S. . Highway #6 10 a point; thence South 55'51'48" East 199.97 feet along the Northerly right of way line ofsaidu'S. Highway #6 to a point; thence Snnlh 57'18'25" East .186.0 feet along the Noitherly right of way line of said U.S. HighwaY #6 to .poin~ .thence Soulh.57'32'41" East 308.19 feet along the Northerly right of way line of said U.S. Highway #6 to. point; thence South 58'26'03" East 140.35 fe;.t along the NOrtherly right ohay line of said U.S. Highway #6 to point of heglnning of hct herein described, which point Is also located nn $e easterly 'right of way line of HelnzRoad; lhence continuing South 58'26'W East 321.56 feet along lhe NOrtherly #17166 - 6 (69 cont'd) right of way line of said U;S. Highway #6to a point; thence South 60"51'28" East 1078.72 feet along lbe Northerly right of way line of said U.S. Highway #6 to a point; thence North 29'08'32" East 1168.35 feet to a point; thence North 60"51'2814 West 1400.0 feet to:a point, whiCh point is 0:0- the easterly right of way line of Heinz Road; thence South 29"08'32" weSt 1154.74 feet along the easterly right of way line of Heinz Road to a point .ofbeginning, and containing 37.5 acres, more or less. The Buncher Company, Ii Penns):'lvanla Corporation 1 1. These Amended Protective Covenants an.d Restrictions may be exwuted in several CO\Ulterparts, each of which shall be regarded for all purposes as one arigimd and aU of w~ich .shaH constitute one and the same instrument.' IOWA-llJ..INOIS GAS AND ELECTRIC CQMPANY. by Wiqiam T. Green, Vice . President, K. M. Giger, Secretary, (Seal) to The Public. L. L. PELLING COMPANY, INCORPORATED, et aI., to The Public. EcONOMYADVERllSINO COMPANY. by sf W. M. aywater, President by sf Carol A. Maske, Secreta')' Signed and acknowledged JUQo 25, 1992. MAGaRIDE ADOmON, INC. by sf Lyle W. Miller, President by. sI. Lyle W. Miller, Secreta')' Signed and acltnowledged lune 25, 1992. H1BRONYMI, an Iowa General P_ership by' sf Wdfreda Hieronymi, General Partner Signed and acknowledged lune ~5"1992. LL: PELLING COMPANY, INCORPORATED by sf Russell Rbinebart, P..,ident . by sf Mary Rbinebart, Se<:iclaty . Signed and ackn9wledged Ame 25, 1992. AMERICAN COLLEGE TIJSTINO PROGRAM, INC. . by Bi Richard L. Ferguson, President ~y Bi 1. a. Pugh, lr., Treasurer Acknowledged lune 25, 1992. (70) AMENDMilNT TO PROTECI'IVE COVENANTS AND RESTRICflONS. Dated loly 7, 1992. Recorded lo1y 15,.1992, in anok 1403, Page 336. CoWlterpart same as at Entry No. 69. (71) AMENDMENT TO PROTECfIVE COVENANTS AND RESTRICfIONS. Recorded lu1y'16, 1992, "in Book: 1404, Page 215. Counterpart ,same as at Entry No. 69, executed by parties as follows: aUSINESS DEVELoPMENT INCORPORA 11lD by sf Ray O. Glass, President. by sf lack. A. KDberg, Secreta')' Signed alid acknowledge4 June 25, 1992. LYLE W..MILLBR COMPANY, INC. Lyle W. Miller, President Lyle W. Miller, Secretaly Signed and aoIm9wledged lune 25, 1992. W. M. aywater Linda A. aywater RAYMOND L. ayW A11lR ESTA11l by sf W. M. ByWater, as-_Executor thereOf Signed and acknowledged lune 25, 1992. sf Michael A. Rittenmeyer. sf llelen L. Rittelimeyer Signed and.aoImowledgod luly 15, 19n . #17166.7 (72) TIffi BUNCHER COMPANY. by Thomas J. Balestrieri, president, by Bernita B. Balter, Secretary. (Seal) AMENDMENT TO PROTECTIVE COVENANTS AND RESTRICTIONS. Dated July 31.1992. Recorded August 11. 1992. in Book 1417. Page 106. Counterpart same as at Entry No. 69. to The Public. (73) to AMENDMENT TO PROTECTIVE COVENANTS AND REStRICTIONS. Dated August 10. 1992. Recorded August 11. 1992, in Book 1417. Page 11 1. CounterPart same as at Entry No. 69. Edwin J: O'Brien and Jane E.-O'Brien, The-Public. (74) to ZONING ORDINANCE NO. 85.~2~9. Recorded Febmary 21, 1986..in 'lhe Office of the Recorder of Johnson County, Iowa in Book 829. Page 100. Copy of the Ordinance as published.in File 166F. Folder 52, Docunient No. 16. CITY OF IOWA CIlY. IOWA. . The Public. Ordinance passed by the City Counell of Iowa City, IOwa, at a regular meeting held on the 4th day of June, 1985 and published in the Iowa City Press Citizen on the 14th day of June, 1985. (See record f9r conlplete context.) . Examination of the Zoning Map, as revised, indicates that the 'property abstracted, herein is designated-as: 1-1 General Industrial (75) REAL ESTATE TAXES: PARCEL NO. 63756004 (~.7 8C lociltedat SE cor SE NE & atNE corNE SE ex Ely ~O' ROW, 24-79-6) Parcel Address: 2401 S. Scott Blvd, Iowa Clty,lowa. . 1st y~ $~.879.00. paid 2nd %,$~,879.00. unpaid, notdelinquent. . -Tax. lists show no, taxes as being 'a lien .on this property, including special assessments 'and personal taxes, except as iCe set out herein. We do. no~ however, certify to special assessments which have not been certified to the Comity Anditor.' . Fiscal.year 1994: LEASE BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY A. The City of I a City, a municipal corporation, is in the p to certain premises situat in the City of Iowa City, State of low Scott Boulevard, and has t e authority to lease said premises. RECITALS cess of acquiring fee title commonly known as 2401 This Lease Agreement ("Lease") is made by and between the City of I "Landlord") and I wa Valley Habitat for Humanity ("Tenant"). B. Tenant wishes to 0 erate a consignment store d office in a currently existing building containing approximate 9,000 square feet of spac located at 2401 Scott Boulevard, Iowa City, Iowa. C. The parties desire to en r into a lease f the building currently located on the premises at 2401 Scott Boulevard, low City, IA. In consideration of the foregoing and the utual c venants hereinafter contained, and for other good and valuable consideration, the receip n sufficiency of which are hereby acknowledged by the parties, Landlord and Tenant hereby a e as follows: 1. DATE. This Lease is made t 2. PREMISES. Contingent on City's acquisil n of fee title to the premises situated in the City of Iowa City, State of low commonly known as 401 Scott Boulevard, Landlord hereby agrees to lease to Tenant, and nant hereby agrees to ase from Landlord, for the Term the currently existing building cont Ining approximately 9,000 tal square feet of space located at 2401 Scott Boulevard, Iowa ity, Iowa (the "Premises"), to ether with access to and from the Premises via the curren existing access points to t Premises. Upon the City's determination of its inte ced use of the balance of the site upon which the Premises are located, City and Tena may negotiate to amend this Lease Ag ement to include the lease of an area of land surr nding the Premises. Such an amendment ay be executed by the City Manager. 3. TERM he term of this Lease ("Term") shall be ten (10) Y rs, commencing on June 1, 2006, unless ooner terminated pursuant to any provision hereof. o tio to Renew. With the exception of Section 5 entitled "Rent," nant shall have the option to new this Lease upon the same terms and conditions contained erein for three (3) succes . e five (5) year terms following the initial term. Tenant shall be require to give notice to Landi d, in writing, not less than one hundred-twenty (120) days prior to the piration of the curr t term of Tenant's intent to exercise an option for a renewal term. The Parties shall co plete renegotiation of rent no later than sixty (60) days prior to the expiration f the then- rrent term. Should Landlord and Tllnant fail to reach agreement on rent by these deadlines, he Options will expire. 4. CONDITION OF PREMISES. The Premises are provided to the Tenant in "as is" condition. Tenant acknowledges that Tenant has relied on no representations as to the condition or quality of the premises or any of its included components including heating, air- conditioning, ventilating, plumbing, electrical and other systems therein. 5. RENT. Tenant shall pay a deposit for damage or default in th amount of one-sixth (1/6) of the semi-annual rent due. Said deposit may not be offered by nant in lieu of regular monthly rent payments. On or before March 1 and September 1 of e h year during the Term of this Lease, Tenant shall pay to Landlord as rent for the use of the emises, an amount equal to one dollar ($1.00) plus an amount equal to any and all re estate taxes and special assessments attributable to the Premises and payable on March and September 1 during the term of this Lease. As used herein, the term 'real estate t x' includes any form of tax, assessment, license and permit fees, rent tax, income tax, fr chise tax, levy, penalty, or tax imposed by any authority having the direct or indirect power 0 tax, including any city, county, state or federal governme t, or any school, agricultural, ligh ng, drainage or other improvement district thereof or any publi or quasi-public agency or gov nmental authority, upon any legal or equitable interest of Landi rd in the Premises, upon ndlord's right to rent or business of leasing the Premises, or upo Tenant's use or occupan of the Premises. If the City and Tenant ca ot agree upon the ount of the real estate taxes and special assessments attributable to the emises within thi (30) days after March 1 and September 1, either party may declare this Leas null and void, nd Tenant shall vacate the premises within thirty (30) days. Rent shall be payable to the Ci of low City, Attn: City Manager, at 410 E Washington Street, Iowa City, IA 52240, or at su h oth r address as Landlord may designate by written notice as provided herein. . ply for or obtain an exemption from real estate taxes hall be an Event of Default under the terms of this It is agreed that Tenant shall not on the Premises. Any such applicatio Lease. 6. UTILITIES AND JANIT RIAL. enant shall pay for any and all utilities for the Premises. Utilities to be paid incl e, but ar not limited to, water, sewer, gas, and electricity. Tenant shall pay for any and all j itorial servi s and regular cleaning service to the Premises, as well as garbage removal. 7. USE OF PREMIS S. Tenant shall us the Premises for the conduct of Tenant's operation of the consignm nt store and office a any other activities reasonably related thereto, six (6) days per w ek between 9:00 o'clock .m. and 5 o'clock p.m., and shall secure the premises during all ot er hours. The Premises ma not be used in any other fashion for any other purpose without w tten approval of Landlord. Te ant's use of the Premises must comply with the Amendment to rotective Covenants and Restri ions attached hereto as Exhibit A and incorporated herein b this reference. Tenant shall be re ponsible for general oversight of the Premises, including aintenance of the grounds, shall acce t drop offs and collect payments for brown goods that e recycled at the site, accept drop offs or the Salvage Barn, accept drop offs for the Furni re Project, notify City's Landfill of overflo s in City drop bins, and provide receipts for don Ions to the public for the City Furniture Proje . Tenant shall provide sufficient office space to ccommodate desks, files and phones for use b two City programs. The office space will ha access to restroom facilities. Initially the City wi use this office space for the Furniture Pr ect and the Salvage Barn. However, the City reserv . the right to use this space for other pr rams. This office spaces will be accessible for City errtployees and staff 24 hours a day, sev n days per week. Access to these spaces for the publiC will be limited to the hours outlined in paragraph 7. 2 - -------_._._~--_."._-~~_.._--_..._---------_.__._.-._.-,-----~---_._--_._." 8. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant observes and performs all of the agreements and covenants required of it hereunder, Tenant shall peaceable and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by Landlord. If Tenant's use of e Premises is limited or denied through rezoning, environmental impact edict, or other actio of any public or quasi- public agency or governmental authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action and the rent applyin 0 the unexpired portion of the Term will abate. 9. PROHIBITED BEHAVIOR. Neither smoking nor s e or consumption of alcoholic beverages is allowed anywhere on the Premises. This include both tenant-occupied areas and all common area of the building. 10. REP ESENTATIONS WARRANTIES AND OVENANTS OF TITLE. Landlord hereby represent, warrants and covenants to Tenant tha as of the Commencement Date: (a) Lan ord is the sole owner in fee simple of the Premises and has full right, power and authority to gra t the estate demised herein an to execute and perform all of the terms, provisions, covenants nd agreements provided in t IS Lease; (b) to the bes of its knowledge, th Premises complies with or will be made to comply with all applicable z ning requirements, rdinances, regulations, and all applicable laws, affecting the Premises or equired in Ten nt's use of the Premises or common areas appurtenant to the Premises; d (c) to the best of its nowled e the Premises does not contain any asbestos or Hazardous Materials (as defined i Sec 'on 28 herein) and Landlord is not in violation of any federal, state or local law, ordinan e or regulation relating to industrial hygiene or to the environmental conditions on, under or bout the Premises including, but not limited to, soil and ground water condition, and that no r ious occupant of the Premises has used, generated, manufactured, stored or disposed 0 on, u der or about the Premises any Hazardous Materials, as determined by a Court of comp ent juris iction. 11. ASSIGNMENT AND UBLETTING. Tenant shall not assign this Lease, or sublease all or a part of the Premises f r any purpose, 'thout the prior written consent of Landlord. If Tenant subleases all or a pa of the Premises wit Landlord's written consent, Tenant agrees to remain primarily liable for th payment of rent for th remaining term of this Lease. 12. ALTERATION IMPROVEMENTS AND DDlTIONS. Tenant, without Landlord's consent, may make any' alterations, improvements, or ditions in, on or about the Premises, which Tenant may de necessary or desirable, excep for structural repairs, provided such alteration, improveme t, or addition costs not more than 0 thousand dollars ($1,000.00). For any improvements e ceeding one thousand dollars ($1,000. ), in seeking Landlord's approval, Tenant shall submi a written description of the proposed wo along with plans and drawings respecting the s me, completed by a registered Engineer or Architect, to Landlord for Landlord's appro ai, which approval shall not be unreasonably layed or withheld. Tenant, at its option, may emove such alterations, improvements, or additio made by it in, on or about the Premises' the removal may be done without structural damag to the Premises. Tenant's personal pr erty and its trade fixtures, including all machinery, e ipment and furnishings, shall remai the property of Tenant and may be removed by Tenant. ny personal property, trade fixtures, alterations, improvements, or additions not removed by T ant within thirty (30) days after the end of the Term shall automatically become the property of Landlord. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Premises 3 -- -----~._--_._-~----_._---~------_._...._--_._---- -"--~~,--,-_.__._-_._--~----.-- --"._--------_....._..----~-,_.._--,.,._--_..- (structural or non-structural) that may be required on account of any existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the nature of Tenant's business. In no 'vent shall Tenant make any changes, modifications, alternations, or additions to the exte or of the Premises without Landlords' specific written approval, notwithstanding any provisi n contained herein to the contrary. 13, REPAIRS AND MAINTENANCE, Tenant shall be r ponsible for upkeep and routine maintenance of the Premises, including repairs to th Premises, as well as be responsible f r protecting against insect and pest infestation. L dlord shall be responsible for building struc ral repairs, replacements or retro-fitting of a per anent character (including, but not limited to, mponents in the air conditioning, boiler an heating systems, HVAC system, gas lines, electn I and plumbing fixtures and hot water stems, including heaters), and all floors and floor su aces, wall, roof (including water tigh ess), foundation, footings, Building Systems (as herein fined) ,and structural repairs, supp systems, strengthenings, alterations, reconstructions, or ad 'ions necessitated by reason lapse of time, weakness or decay, or damage to or destruction of the Premises, or to any rt thereof, or which may, at any time, be required by any governm ntal or public authority, xcept for any damage caused solely by Tenant's negligence. Tenan shall promptly notify L ndlord of any known defect, damage, decay or dangerous condition asso 'ated with the Buildi g System. As used herein, 'Building Systems' means the building utility ele ents essential fo Tenant's use and occupancy of the Premises including, but not limited to, s ch systems a are not readily accessible to Tenant, such as underground water, sewer, ele ic and oth utility lines and maintenance services related to the Premises. Tenant shall surre der the emises in as good order, repair and condition, or better, as the same were in the co enc ent of the Term, damage by fire and items covered by extended coverage insurance, un vo' able casualty, reasonable wear and tear, alterations, improvements and additions made by nant and Landlord's failure to repair excepted. 14. SIGNAGE. Tenant may, t T ant's expense, install signage, consistent with City Code requirements, and subject to the ap roval of Landlord. Tenant is responsible for care, maintenance, and replacement of ny and a of Tenant's signs. 15. TAXES. City, during he Term, shall ay promptly when due, any and all real estate taxes and special assessmen imposed on the arcel of real estate owned by the City upon which the Premises are loca d. Tenant shall pay all taxes assessed against and levied upon Tenant's trade fixtures, and II other personal prope y of Tenant contained in the Premises. As used herein, the term 'real state tax'" includes any f m of tax, assessment, license and permit fees, rent tax, income ta , franchise tax, levy, penalty, or tax imposed by any authority having the direct or indirect po r to tax, including any city, cou ty, state or federal government, or any school, agricultural, Ii ting, drainage or other improve ent district thereof or any public or quasi-public agency governmental authority, upon any I al or equitable interest of Landlord in the Premises, up n Landlord's right to rent or business of leasing the Premises, or upon Tenant's use or oc pancy of the Premises. 16. INSU NCE. Tenant covenants and agrees that it '11 at its own expense procure and maintain g eral insurance in a company or companies aut orized to do business in the State of Iowa, i the following amounts: Comprehensive General Liability (1) Bodily Injury & Property Damage $1,000,000 4 ~'____._u"'_~__'____"__'_'_'_'______~_~_____"_~__"___.._._~-_._.------~- AClClreClate $2,000,000 b. Excess Liability $1,000,000 $1,000,000 c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Te ant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, wit In thirty (30) days of execution of this Lease, Certificates of Insurance and copies of sai policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) day notice to the Landlord before cancellation of said insurance. 17. INDEMNITY. Landlord hereby disclaims, and Tenant h reby releases the Landlord from any and all liability, whether in contract or tort (including str' t liability and negligence) for any loss, damage or injury of any nature whatsoever sustai d by Tenant, its employees, agents or invitees uring the term of this Lease, including, b not limited to, loss, damage or injury to the propert of Tenant that may be located or stored n the Premises, unless such loss, damage or injury is c sed by the Landlord's gross neglige ce or intentional willful misconduct. The parties hereby agr e that under no circumstances sh II the Landlord be liable for indirect, consequential, special or xemplary damages, whether in/contract or tort (including strict liability and negligence), such as, but not limited to, loss of venue or anticipated profits or other damage related to the leasin of the Premises under thO Lease. 18. DAMAGE OR DES UCTION. If the Pr ises is damaged or destroyed in whole or in part by fire or other casualty, L: ndlord may elec to terminate this Lease or repair and restore the Premises to a good tenanta e condition. I Landlord does not commence the repair or restoration within ninety (90) days after the amage or destruction occurs, or if repair or restoration will require more than nin (90) d ys to complete, Tenant may, at Tenant's option, terminate this Lease by giving Landlor notic of Tenant's election to do so at any time prior to the commencement of the repair or rest r Ion. In that event, this Lease shall terminate as of the date of such damage or destruction, 'thout further liability other than accrued but unpaid rent, utilities and or applicable taxes. 19. CONDEMNATION. If all t or a substantial portion thereof is taken by condemnation or under the power of minent dom in, or sold under the threat of the exercise of said power (all of which are her n called "con mnation"), this Lease shall automatically terminate, without further liability her than accrued ut unpaid rent, utilities and or applicable taxes, as of the date the condem ing authority takes titl or possession, whichever occurs first. If any other taking of the Premises or otherwis adversely and substantially affects Tenant's use, access, or rig s of ingress or egress of or to t e Premises, then Tenant may elect to terminate this Lease a of the date the condemning a hority takes possession, without further liability other tha accrued but unpaid rent, utilities a or applicable taxes. Tenant's election to terminate sh II be made in writing within thirty (30) ays after Landlord has given Tenant written notice the taking (or in the absence of such n tice, within fifteen (15) days after the condemning authority has taken possession). If Tenant d s not terminate this Lease in accordance with is Section, this Lease shall remain in full force d effect as to the portion of the Premises re aining. Any ard or payment made upon condemnation of all or an shall be the pr erty of Landlord, whether such award or payment is made compensation for the taking of t e fee or as severance damages; provided Tenant shall be entitled to the portion of any such ward or payment for loss of or damage to Tenant's trade fixtures, removable personal property, and additions, alterations and improvements made to the Premises by Tenant, and for its loss of business or the leasehold herein created or any other consequential or special damages, such as Tenant's relocation and moving expenses. 5 20. DEFAULTS. The following shall constitute "Events of Default"; (a) Monetarv. Tenant shall fail to pay rent at the time required or any other monetary obligation or payment required under this Lease when due, and such failure shall continue for a period of ten (10) days following written notice from Landlord to Te ant; or (b) Non-performance. Tenant shall fail to observe or perfor any of the other covenants, terms or conditions contained in the Lease, or a warranty mad by Tenant shall fail to be accurate and complete, and such failure shall continue and not b cured for a period of thirty (30) days after wr" en notice by Landlord to Tenant, provided at if the default is not reasonably susceptible of being cured within thirty (30) days, an Ev nt of Default shall occur only if the Tenant fails promptly commence such cure or fails th reafter to diligently pursue such efforts to completio . or (c) Bankru tc Receivershi. If (i) Tenant files petition in bankruptcy or for reorganization or for an a angement pursuant to any pr. sent or future federal or state bankruptcy law or under an similar federal or state la , or is adjudicated a bankrupt or insolvent, or makes an assign ent for the benefit of its cr itors, or admits in writing its inability to pay its debts generally as hey become due, or' a petition or answer proposing the adjudication of Tenant as a bank upt or a reorganizati of Tenant under any present or future federal or state bankruptcy law or ny similar federal r state law is filed in any court and such petition or answer is not discharged r denied within hirty (30) days after the filing thereof; or (ii) A receiver, trustee or liquidator of T ant of all or ubstantially all of the assets of Tenant or of the Leased Premises or any portion hereof i. appointed in any proceeding brought by or against Tenant and is not discharged WI in thirty (30) days after such appointment or if Tenant consents to or acquiesces in such appoint en( 21. REMEDIES. Upon the occurrenc of an Event of Default by Tenant, or at any time thereafter during the continuance of such E nt of Default, Landlord may take any of the following actions and shall have the following rig s against Tenant: I (a) Termination. Landi d may elect t terminate the Lease by giving no less than thirty (30) days' prior written notice ereof to Tenant, nd upon the passage of time specified in such notice, this Lease and a rights of Tenant ereunder shall terminate as fully and completely and with the same ect as if such date we the date herein fixed for expiration of the Term and Tenant shall re in liable as provided in Se tion (c) below. (b) Eviction. ndlord shall have the immedi te right upon termination of this Lease to bring an action f forcible entry and detainer. (c) Tenan to Remain Liable. No termination 0 this Lease pursuant to the provisions of this Lea ,by operation of law or otherwise, and no possession of the Premises or any part thereof p rsuant to this Lease or otherwise shall reliev Tenant of its liabilities and obligations hereun r, all of which shall survive such termination, rep ssession or reletting. (d) ama es. In the event of any termination of this Le se or eviction from or repossession 0 the Premises or any part thereof by reason of the occ rrence of an Event of Default: (i) Rent and Charaes. Tenant shall pay to Landlord the r t and other sums s required to be paid by Tenant for the period to and includin applicabl Term or expiration of an exercised option period as provided for by whichel! r is later. 6 (ii) Leased Premises. Landlord shall be entitled to offset any amount owing by Tenant under the preceding section, (d)(i), against any "value added damages" Landlord may be liable for pursuant to this Lease. (e) Riohts Cumulative. Non-Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or medy given hereunder or now or hereafter existing at law or in equity or by statute. In addi' n to the other remedies provided in this Lease, Landlord shall be entitled, to the extent perm' ed by applicable law, to injunctive relief in case of the violation, or attempted or threatened vi ation, of any of the covenants, agreements, conditions or provisions of this Lease, or to decree compelling performance of this Lea e, or to any other remedy allowed to Landlord a aw or in equity. (f) Land ord's Ri ht to Cure. If after written notice, Ten nt fails to pay any utilities charges, insurance p miums, the cost of any of the repairs or aintenance required to be made by Tenant pursu t to the Lease or any other charges, co s or expenses required to be paid under the Lease, L dlord shall have the right, but not e obligation, to make all such payments, and in addition t its other remedies under this Le e, Landlord shall have the option of requiring Tenant to repay Landlord the amount of sue payments (which shall be deemed additional rent hereunder) on emand with interest after mand at 10% rate per annum. (the "Default Rate"). (g) Late Char e De ult Rate. If Lan ord does not receive payment of any installment of rent or any other su or charge r uired to be paid by Tenant to Landlord hereunder within ten (10) days after he same f lis due (regardless of whether Tenant has received notice of the delinquency), La dlord y impose a late charge equal to five percent (5%) of the amount of such delinquent s an if such sum is not received by Landlord within thirty (30) days of its due date, such sum sh I, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Non-Waiver. The failure f Lan rd to insist upon strict performance of any of the covenants or conditions of the Leas ,or to exe ise any options herein conferred in anyone or more instances shall not be cons ed as a wai r or relinquishment for the future of any such covenant, condition, or option utthe same sh I be and remain in full force and effect. The receipt by Landlord of any re or any other sum p able hereunder with knowledge of the breach of any covenants or agre ents contained herein hall not be deemed a waiver of such breach. 22. HOLDING OVE . If Tenant remains in posses ion of the Premises after the expiration or termination of his Lease, and without the executi of a new Lease, Tenant shall be deemed to be occupyi g the Premises as a tenant from mont to-month, subject to all of the conditions, provisions a (j obligations of this Lease insofar as they re applicable to a month-to- month tenancy. 23. andlord or Landlord's agents, representatives or empl ees shall have the right at any ti e upon at least twenty-four (24) hours oral notice (except in emergencies, in which case nly such notice, if any, as may be feasible under the circu stances shall be required) t enter upon the Premises for the purposes of inspecting the s e, determining whether is Lease is being complied with, and curing (as permitted herein) ny default by Tenant. 7 (b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever necessary and without notice to enter upon the Premises for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Premises. 24. NON-DISCRIMINATION. Tenant covenants, in consideration of the right to lease the Premises that Tenant, its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 25. APPLlCA E LAW. The laws of the State of Iowa sh govern the validity, performance and enfo ement of this Lease. 26. NOTICES. No 'ces, statements and other communica' ns to be given under the terms of the Lease shall be' writing, unless otherwise provided erein, and sent by certified or registered mail, or by commer 'al courier, return receipt request C, and addressed as follows: The address and person for days' written notice to the other party. 27. WAIVER OF SUBROGATION. La lord and Tenant and all parties claiming under or through them hereby mutually release n discharge each other, any other tenants or occupants of the building in which the Pre ises is ocated, and the officers, employees, agents, representatives, customers and busines isitors of andlord or Tenant or such other tenants or occupants, from all claims, losses and labilities arisi from or caused by any hazard covered by insurance on or in connection wit he Premises or aid building, even if caused by the fault or negligence of a released party. his release shall a Iy only to the extent that such claim, loss or liability is covered by insur ceo If to Tenant: Iowa Valley Habitat for Humanity P.O. Box1241 Iowa City, IA 52244 If to Landlord: Director, Public Works Dept 410 E Washington St. Iowa City, IA 52240 28. ENVIRONMENTA MATTERS. Tenant will C051Y with all environmental laws during the term of the Leas , but shall bear no liability what oever and shall not assume any conditions for any existin environmental materials or Hazar us Materials on the Premises. Landlord agrees to inde nify, defend and hold Tenant harmle~ from and against any and all loss, damage, liability d expense (including reasonable attorne~s' fees) that Tenant may incur as a result of any c im, demand or action related to environn\ental conditions, Hazardous Materials or any ot r environmental laws and regulations not dir' t1y resulting from Tenant's activities on the pr, mises. 29. HA RDOUS MATERIALS. The term "Hazardous Materi s' as used herein shall include but n t be limited to asbestos, flammable explosives, dangerous ubstances, pollutants, contamina s, hazardous wastes, toxic substances, and any other chemi I, material or related substanc exposure to which is prohibited or regulated by any govern me tal authority having jurisdicf n over the Premises, any substances defined as 'hazar ous substances," "hazar ous materials" or "toxic substances" in the Comprehensive Environ ental Response Com ensation and Liability Act of 1980, as amended, by Superfund Amendments and Reauthorization Act 42 U.S.C. !;6901, et seq.; the Hazardous Materials TranspOrtation Ad, 42 U.S.C. !;6901, et seq.; Clean Air Act, 42 U.S.C. !;7901, et seq.; Toxic Substances Control Act, 8 15 U.S.C. !l2601, et seq.; Clean Water Act, 33 U.S.C. !l1251, et seq.; the laws, regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 30. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any other provision hereof. 31. ENTIRE AGREEMENT. This Lease and any addenda and exhibits ttached hereto or to be attached hereto, set forth all of the covenants, promises, agreemen ,and conditions between Landlord and Tenant concerning the Premises and this Leas and there are no covenants, promises, a reements or conditions, either oral or written between them. This Lease may not be mod led or amended in any manner except by n instrument in writing executed by the parties h eto. 32. BINDING EFFEC . The covenants, conditions and greements contained in the Lease shall bind, apply to an inure to the benefit of the pa les hereto and their respective successors. 33. ATTORNEY FEES. If ither party named h ein brings an action to enforce the terms of this Lease or to declare ri ts hereunder, th prevailing party in any such action, on trial or appeal, shall be entitled to its easonable att ney's fees to be paid by losing party as fixed by the court. 34. HEADING, Headings as to th con nts of particular sections herein are inserted only for convenience, and are in no way to e onstrued as a part of the Lease or as a limitation on the scope of the particular section to whi they refer. 35. COUNTERPARTS. This Leas may e executed in counterparts, each of which shall be deemed to be an original and all of hich sha , when taken together, constitute but one and the same instrument. 36. TERMINATION OF L SE & RIGHT OF IRST REFUSAL. During the Term of this Lease, Tenant shall have a rig t of first refusal to p rchase the Premises upon the following terms: (a) Upon receipt nd acceptance of a bona de third-party offer for the purchase of the Premises, subject to is right of first refusal, whi acceptance will make it expressly subject to the right of fir refusal, City shall provide a co of said third-party offer to Tenant. This step shall be dee d perfected by notice as required i this agreement. (b) With' 30 days thereafter, Tenant must in iling exercise a notice to City, perfected in the s e manner, indicating that Tenant exercises s rights hereunder to purchase said Premises 0 precisely the same terms and conditions as the ird-party offer. ( In the event said notice of exercise of right of first fusal is not perfected, the same sha expire; provided, however, that if said third-party 0 r does not result in a con sum ation of said sale, this right of first refusal shall continue. (d) In the event the right of first refusal is exercised, the transa ion will close at the time and upon the conditions as set forth in the third-party offer. (e) Tenant agrees, if requested by City, to execute a recordable the Premises should Tenant's right of first refusal expire as described herein. 9 IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landlord: Tenant: CITY OF IOWA CITY 'UMANITY Attest: (Name & Title) " ~~ -J(. ~rk \ , \ \ \ 10 Approved: Jtt~ elL ~I ~fr~ City Attorney CITY ACKNOWLEDGMENT STATE OF IOWA JOHNSON COUNTY On this /3 day of tLlIJl=- , 2006, before;,me, the undersigned, a notary public in and for the State Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being y me duly sworn, did say that ttrey are the Mayor and City Clerk, respectively, of said municipal orporation executing the witl'lfn and foregoing instrument; that the seal affixed thereto is the sea of said municipal corporation; that said instrument was signed and sealed on behalf of said muni 'pal corporation by authority of its City Council; and that the said Mayor and City Clerk as such offic rs acknowledged that the execution of said instrument to be the voluntary act and deed of said corp ration, by it and/by them voluntarily executed. (i'lo SONORAE FORT ~ Commission Number 159791 . . My Commlssio Expires .30 otary Public in and for the State of Iowa On this 6th day of J u e , 2 06, before me, the undersigned, a notary public in and for the State of owa, personally appeared and Kazuko M. Alward , to me personally kno ,who being by me duly sworn, did say that they are the Ex utive Director and Treasurer, re ectively, of said corporation executing the within and for oing instrument; that said instrume was signed and sealed on behalf of said corporation by uthority of its board of directors; and th the said Executive Director and Treasurer as such 0 cers acknowledged that the execution of aid instrument to be the voluntary act and deed 0 aid corporation, by it and by them voluntarily ecuted. IOWA VALLEY HABITAT FOR HUMANITY AC STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Mitch/B/Habitat or Humanity/Lease Acknowledgement page.doc ANNIE PEDERSEN COMMISSION # 142510 MY CO ISS ON EXPIRES o #17166 . 3 (69) MICHAEL DEVELOPMENT OF IOWA LIMITED PARTNERSHIP. by Michael J. Swenson, General Partner. AMENDMENT TO PROTECTIVE COVENANTS AND RESTRICTIONS. Dated July 7, 1992. Recorded July 15, 1992, in Book 1403, Page 331. to lbe Public. N BY THESE PRESENTS that the undersigned, being the owners of more th escribed premises located in Iowa City, Johnson County, Iowa, to wit: \ Commencing in the ter of the Wyoming Road (also known as Lower Muscatine Ro at a point where the same crosses e West line of the East Half of Section 24, Township 79 ge 6 West of the 5th P.M.; thence No along the one-htllf section line to the South line of the hicago. Rock Island and Pacific Railroad t of way; thence Southeasterly aloilg the South line 0 said right of way to the East line of Section 2 thence South alQog the said East line of Section 4 to the center of Wyoming Road; thence North esterly along the center of said Wyoming ad to the place of beginning; all in Section 24, To ship 79 North, Range 6 West of'the 5th P ., hereby amend the Protective Covenants an Restrictions on said property recor in Book 359, Page 95.101 as follows: 1. By deleting any portion of the above described property lying withi the right of way of Scott Boulevard; or of U.S. Highway 6; and or of Heinz Road. 2. By 4eleting that part of Lots 1-4, Audifur's Plat No. 32 lying ithin the above described premises and releasing that deleted property from the terms of the Protective COy . and Restrictions. 3. By deleting that part of Lot 1, B.D.!. Fo~Addition -tog er with "that part of a 33 foot strip of land adjoining the Northwesterly line of Lot 2, B.D.I. Fourth'Addition re particularly described as follows: \ Commencing at the most Southerly comer of Lot I '0( B. .1. Fourth Addition to Iowa City, Iowa; thence North 38041'40'" East 124.88 feet along the Sou terly line of said Lot 1 to a point; thence North 51030'40" West 50.20 feet along thelot lien of ~d loti to the point of beginning of the parcel here~ described; thence North 38041'40" East ong~ line which is parallel to and 33 feet in perpendicular distance from the Southeasterly line 0 said Lot I 660.79 feet to a point of curvature; thence Northeasterly along a 413-foot radius curve neave Northeasterly 369.20 feet to a point (said curve having a 357.03~foot chord bearing North 1 05'04" East); tIt,ence Northwesterly along a 379.5 foot radius curve concave Northeasterly 118.31 to a point (said curve having a 117.83 foot chord bearing North 31041'28" West); thence So th 15045'36" East 90.00 ,feet to a point; thence Southwesterly along a 380 foot radius curve ncaVe Northwesterly 361.16 feet to a point (said.curve having 8347.72 foot chord bearing South I, 8'02" West); thence South 3~04I'40" West 660.91 feet to 'a point; thence, South 51030'40" Easti13.00 feet to the point of begiDning. Said parcel herein described contains 0.8024 acres more or/less and is subject to easements oftecord, / \ lying' within the above described premises ,kd releasulg that deleted property from the tenns of the Protet;tive Covenants and Restrictions. / 4. By including that part of Lot 2~.D.1. Fourth Addition, presently not included WI in the above described premises except for any part of a 33 fa t strip described in the immediately preceding p h. The land to be included is owned by Business Develo ment, Incorporated, an Iowa Corporation whichspecifi Iy agrees to subject this property to the Amended Cove ants which '.follow. S. By,including that part Lot 4, B.D. I. First addition preSently not included within th premises. This property is 0 e<J. by Economy Advertising Company, an Iowa Corporation w agrees to subject this property 0 the Aniended Covenants which follow. 6. By terminating P h 1-16 of the Protective Covenants and Restrictions in their enti adopting the following am ded Protective Covenants and Restrictions in lieu thereof, to wit: I. AU operation on the above described premises shal.I be conducted or maintained wholly inside enc sed buildings, except {OJ: I ing and unloading of vehicles and transferring ofrnaterialfrom storage areas to the enelo building for operati and processing. 2. No buil shall be built ou any portion of the above described property unless the following described requirements are et, to wit: . ill EXHIBIT ftA n #17166 - 4 (69 conl'd) a) The depth of the front yard shall not be less than fifty (50) feet. h) Alhubdivisions shall have lots of at least three (3) acres in size unless prior approval for deviation has been granted by the Be d of Directors of Business Development, Incorporated. 3. All areas except for th' area covered by buildings and other structures, and except for driveways, sidewalks, and other walkways, and or loading areas, storage areas and areas llSed for the growing of farm crops, shall be used exclusively for the plan' g and growing of trees, shrubs, lawn and other ground covering which shall be maintained as required ~o keep 8ai eas in a neat and orderly app-earing m8lUler. 4. If construction of the building d structures on any single parcel purchased from Business Develop nt, IncorPorated has not started within two (2 ears of date of purchase of any portion of any of the above de ribed premises, Business Development, Incorpor d may exercise the right to repurchase of the site by re mg the purchase price and this provision is specifica1 agreed to and accepted by each purchaser. 5. Business Development, Incorporated . a first option to purchase any portion of the ab ve describe premises together with any structures, facilities 0 buildings located thereon and each owner hereby: es to give written notice of said intention to sell to Business velopment, Incorporated, after which Busin Development, Incorporated shall ~ve a period of twenty (20) da in which to either accept or reject this 0 . If the offer l!;l rejected, the owner then -has a right to sell to any party provided that he may not sel any land offered to Business Development, Incorporated on tenns less on . ous than offered to Business Devel ent, Incorporated. 6. These covenants are to run with the land and s I be binding on all parties and persons claiming under ~em for ten (10) years at which time said covenants shal e automatically extended ti 'successive periods often (10) years unless by vote of the owner of more than fifty pe ent (50%) of the-above cribed property it is agreed to change the said covenants in whole or in part. 7. If the parties hereto or any of them or their heirs or signs shall viola or attempt to violate any of the covenants or restrictions herein, it shall be lawful for any other erson or pers ns owning any other area in said above described property to prosecute any proceeding at law or in uity ag' t the person or persons violating or attempting to violate any such covt:narits or restrictions and either p vent or them from so doing or r~over damages or other dues for such violations. . 8. Invalidation of anyone of these covenants by judgment or co other provisions which shaH remain in full force and effect. 9. The legal description of the. property subject to the Amen ed Pro ctive Covenants and Restrictions all of which is located in Iowa City, Johnson County, Iowa is as foil s, to wit: Commencing in the center of the Wyoming Road (also own as Lower where the same crosses: the West line of the East Half fSection 24, Town 'p 79 Range 6 West of the 5th P.M.; thence North along the one-half seeti line to the South line f the Chicago, Rock Island and Pacific Railroad right of way; thence Sou easterly along the South lin of said right of way to the East line of Section 24; thence South alo the said East line of Section 4 to the center of Wyoming Road; thence Northwesterly along e center of said Wyoming Roa to the place of beginning; all in Section 24. Township 19 orth, Range 6 West of the 5th P.M., xcept for any portion of the above described property Iy' within the right of way of Scott Boule . or of U.S. Highway 6; or of Heinz Road; EXCLUD that part .0fLots 14, Auditor's Plat No. 32 . g within the above described premises and EXCL INO Lot I, B.D.I. Fourth Addition lying with. the above described premises and EXCLUDIN any- part of the following described prerni$es: A 33 oat strip of land adjoining a part of the No esterly line of Lot 2, B.D.I. Fourth Addition more p tarly described as follows: Commenc' at the most Southerly cOmer ofLat I of B.D. I. Fourth A ition to Iowa City, Iowa; thence N 38041'40" East 124.88 feet along the Southeasterly line of sai t I to a point; thence North 510 0'40" West 5020 feet along the "lot line of said Lot I to the point f beginning of the parcel here' described; thence North 38041'40" East along a line which is paralle to and 33 feet in perpendi distance from the Southeasterly line of said Lot I 660.79 feet to a point of curvature; thence No easterly along a 413-footradius curve concave Northweste~ly 369.20 feet to a point (said curve . a 357 .03-foot chord bearing North. 13005'04" East); thence Northwesterly . along a 379.5 foot ius CUrve concave Northeasterly 118.31 feet to a point (said curve having a 117.83 foot chord aring North 31'41 '28" West); thence South 15'45'36" East 90.00 feet to a point; thence Southwes Iy along a 380 foot radius curve concave Northwesterly 36"1.16 feet to a point (said curve having 347.72 foot chord bearing South 11028'02" West); thence South 38041'40" West 660.91 feet a point; thence, South 51030'40" East 33.00 feet to the point of beginning. Said parcel herein d lbed contains 0.8024 acres more or less and is subject to easements~f record; and INCLUD G that part of Lot 2, BD.1. Fourth Addition not included within the above desctibed premis except for any part of the 33 foot strip described above; and INCLUDING that part of Lot 4, B. .I. First Addition not including within the above described premises. . #17166 - 5 (69 cont'd) to. The owners of the above.describedproperty to be included in the land subject to the amended covenants are as follows: A. Lot 2, BOl First Addition: Raymond L. Bywater Estate, an undivided one-half interest; W. Bywater, an undivided one-half interest. B. Lot 3, BDI . t Addition: Edwin J. 'Brien and Jane E. O'Brien C. Lot 4, 801 Firs ddition: Economy Ad 'sing Company, an Iowa corporation D. Lot 1, BOI Second ddition; Michael A. Ritte eyer E. Lot 2, Bm Second Ad ion: Macbride Addition, c., an Iowa corporation F. Lot 3, 801 Second Additio : Lyle W. Miller CompanInc., an Iowa corporation G. I;ot 4, BOI Second Addition: Michael Development of 10 H. Lots 5-6, BOI Second Addition: Hieronymi, an Iowa General P L Lots 7-8, BOI Second Addition: Blooming Prairie Warehouse, Inc. J. Lot I, BD! Third Addition, except tract sol 0 City within Sc Boulevard Righ'- of Way; Am~ican College Testing Program, Inc. K. Lot 2, BDI Fourth Addition: Business Development, Incorporated, an 10 L. Lot I, BOI Fifth Addition: Michael Development of Iowa Limited Partners . M. Lots 2-5, BDI Fifth Addition: Business Development, InCOlporated. an low N. Lot 6, BOl Fifth Addition: Iowa~IIlinois Gas and Electric Company O. Lots 7-9, BOI Fifth Addition: Business Development, Incorporated, P. Lot 10, BDI Fifth Addition: Hieronymi, an Iowa General P8rtn ship Q. Lot 11, liD! Fifth Addition Business Development, Incorpo ted, an Iowa corporation R. Lot 12, BD! Fifth Addition Northwestern BeD Telephon Co. d/b/a U.S. West Comnnmications S. Lot 7, Auditor Plat 32. except sold to city within Scott Boulevard Ri L.L. Pelling Company, I corporated T. 37.5 Acre Tract described follows: Conunencing as a point,ofre ence at the center of Section 24, Township 79 North, Range 6 West oCthe Fifth rincipal Meridian, lOMson County, Iow~ thence south .88040'00" WeSt 341.17 along the North line of the SQuthwest quarter of said Section 24 to a point is is an assumed bearing for purposes of this description only); thence South 050'00" East 630.18 feet to a point on the Northerly right of way line of U.S. way #6 (formerly known as Wyoming Road); thence South 51'56'03" East 0..00 feet along the Northerly right of way line of said U.S. Highway #6 to PQint; thence South 55051'48" East 199.97 feet along the Northerly right of way e of said U.S. Highway #6 to a'point; thence South 57018'25" East 186.0 feet ng the Northetly right of way line of said U.S. Highway #6 to a point; thetlce So 57032'4111 East 308.19 feet along the Northerly right of way line of said V.S ighway #6 to a point; thence South 58026'03" East 140.35 feet along the No~ y right of way line of said U.s. Highway #6 to point of beginning of tract here' described. which point is also located on the easterly -right of way line of H Road; thence continuing South58'26'03" East 321.56 feet along the Northerly \ #17166 - 6 (69 cont'd) right of way line of said U.S. Highway #6 to a point; thence South 60051'28" East 1078.72 feet along the Northerly right of way line of said U.S. Highway #6 to a point; thence North 29008'32" East 1168.35 feet to a point; thence North 60051 '28" West 1400.0 feet to a point, which point is on the easterly right of way line of Heinz Road; thence South 29008'32" West 1154.74 feet along the easterly right of way line of Heinz Road to a point of beginning, and containing 37.5 acres, more or less. The Buocher Company, a Pennsylvania Corporation 11. These Amended Protective Covenants and Restrictions may be executed in several counterparts ch of which shall be regarded for all poses as one originlil and all of which .shall constitute one an he same instrument. IOWA-ILLINOIS GAS AND ELECTRIC COMPANY, by Wi~iam T. Green, Vice President, K. M. Giger, Secretary, (Seal) to The Public. L. L. PELLING COMPANY, INCOR.PORA lED, et aI., to The Public. ECONOMY ADVERTISING COMPANY by sf W. M. Bywater, President by sf Carol A. Maske, Secretary Signed and acknowledged Iune 25, 1992. MACBRIDE ADDITION, INC. by sI Lyle W. Miller, President by sI Lyle W. Miller, Secretliry Signed and acknowledged Iune 25, 19 HIERONYlvf1, an Iowa General P by sf Wilfreda Hieronymi, Gene Signed and acknowledged Iune (70) AMENDMENT TO PROTECTIVE OVENANTS AND RESTRlcrIONS. Dated J 7, 1992. Recorded July 15, 1992, in Book J:f.03, Page 336. Counterpart same as at Entry N . 69. LOPMENT INCORPORATED LYLE W. MILLER C Lyle W. Miller, President Lyle W. Miller, Secretary Signed and ackna:wledged 1 W. M. Bywater Linda A. Bywater RAYMONDL.BYWATEREST TE by sf W. M. Bywater, as Executor ereof Signed and acknowledged Iune 25, I 92. , INCORPORATED by sf Russell Rhinehart, ident cretary ed June 25, 1992. sf Michael A. Rittenmeyer sf Helen L. Ritterimeyer Signed and acknowledged Iuly 15, 1992. AMERICAN CO EGE TESTING PROGRAM, INC. by sf Richard L. erguson, President by sf 1. B. Pu ,Jr., Treasurer Acknowledg June- 25, 1992. #17166 - 7 (72) ruE BUNCHER COMPANY, by Thomas J. Balestrieri, President, by Bernita B. Balter, Secretary, (Seal) AMENDMENT TO PROTECTIVE COVENANTS AND RESTRICTIONS. Dated Joly 31, 1992. Recorded August 11, 1992, in Book 1417, Page 106. Counterpart same as at Entry No. 69. to The Public. to (73) I AMENDMENT TO PROTECTIVE COVENfNTS AND RESTRICTIONS. Dated August 10, 1992. Recorded August II, 1992, in BOOk7417. age 111. Counterpart same as at Entry No. 69. (74) / 5-3239. the Office of the Recorder o ohnson County, Iowa i oak 829. Page 100. Copy of in File 166F, Folder 52, Edwin J: O'Brien and Jane E.O'Brien, to The Public. CITY OF IOWA CITY, IOWA, The Public. Ordinance passed by the City Council aflowa City, 10 a, at a regu meeting held on the 4th day of June, 1985 and published in the Iowa City Press Citizen on the 14th ay of J e, 1985. (See record for complete context.) . Examination of the Zoning Map, as revised, indicates that e roperty abstracted herein is designated as: [-1 General Industr Fiscalyear 1994: cor NE SE ex Ely 30' ROW, 24-79-6) PARCEL NO. 63756004 (3,7 ac located at SE Parcel Address: 2401 S, Scott Blvd., Iowa C . . TaxHsts show no taxes as being 'a Ii on this property, including speci except as are set out herein. We do not, wever, certify to special assessments the Courity Auditor. sessments and personal taxes, 'ch have not been certified to ,0 LEASE BETWEEN THE CITY OF IOWA CITY AND IOWA VALLEY HABITAT FOR HUMANITY This Lease Agreement ("Lease") is made by and between the City of Iowa City ("City" or "Landlord" and Iowa Valley Habitat for Humanity ("Tenant"). RECITALS B. Tenant wis es to operate a consignment store and 0 ce in a currently existing building containing appr imately 9,000 square feet of space loca d at 2401 Scott Boulevard, Iowa City, Iowa. C. The parties desir to enter into a lease for the uilding currently located on the premises at 2401 Scott Boulev d, Iowa City, IA. A. The City of Iowa City, a municipal corporation, is in the process to certain premi s situated in the City of Iowa City, State of Iowa, com Scott Boulevard, nd has the authority to lease said premises. acquiring fee title nly known as 2401 In consideration of the foregoing a d the mutual coven ts hereinafter contained, and for other good and valuable consideration, the receipt and suffi ency of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree as ollows: 1. DATE. This Lease is made to be e ective as of June 1, 2006. 2. PREMISES. Contingent upon City's acquisition of fee title to the premises situated in the City of Iowa City, State of Iowa, commonly known as 2401 Scott Boulevard, Landlord hereby agrees to lease to Tenant, and Tenant hereby agrees to lease from Landlord, for the Term the currently existing building containing approximately 9,000 total square feet of space located at 2401 Scott Boulevard, Iowa City, Iowa (the "Premise" , together with access to and from the Premises via the currently existing access points 0 the Premises. Upon the City's determination of its intended use of the balance of th site upon which the Premises are located, City and Tenant~a negotiate to amend this Lea Agreement to include the lease of an area of land surroundin the Premises. Such an amend ent may be executed by the City Manager. 3. TERM. The t rm of this Lease ("Term") shall be ten ( ) years, commencing on June 1, 2006, unless soone erminated pursuant to any provision hereo o tion to R ew. With the exception of Section 5 entitled ''Ren " Tenant shall have the option to renew is Lease upon the same terms and conditions contai d herein for three (3) successive fiv (5) year terms following the initial term. Tenant shall be req . ed to give notice to Landlord, in riting, not less than one hundred-twenty (120) days prior to the expiration of the current te of Tenant's intent to exercise an option for a renewal term. The Parties shall complet renegotiation of rent no later than six1y (60) days prior to the expiration of the then- curre term. Should Landlord and Tenant fail to reach agreement on rent by these deadlines, the ptions will expire. 4. CONDITION OF PREMISES. The Premises are provided to the Tenant in "as is" condition. Tenant acknowledges that Tenant has relied on no representations as to the condition or quality of the premises or any of its included components including heating, air- conditioning, ventilating, plumbing, electrical and other systems therein. 5. RENT. Tenant shall pay a deposit for damage or default in the amount of one-sixth (1/6) of the semi-annual rent due. Said deposit may not be offered by Tenant in lieu of regular monthly rent payments. On or before March 1 and September 1 of each year during the Term of this Lease, Tenant shall pay to Landlord as rent for the use of the Premises, an amount equal to one dollar ($1.00) plus an amount equal to any and all real estate taxes and ecial assessments attributable to the Premises and payable on March 1 and September 1 d ring the term of this Lease. As used herein, the term 'real estate tax' includes any fo of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy, p alty, or tax imposed by any authority having the direct or indirect power to tax, including a city, county, state or federal government, or any school, agricultural, lighting, drainage or 0 er improvement district thereof or any public or quasi-publi agency or governmental authorit , upon any legal or equitable interest of Landlord in the Pre ises, upon Landlord's right t rent or business of leasing the Premises, or upon Tenant's us or occupancy of the Premis . If the City and Tenant cannot agree pon the amount of the r al estate taxes and special assessments attributable to the Premises ithin thirty (30) days a r March 1 and September 1, either party may declare this Lease null an void, and Tenant all vacate the premises within thirty (30) days. Rent shall be payable to the City of low City, Attn: ity Manager, at 410 E Washington Street, Iowa City, IA 52240, or at such other ddress s Landlord may designate by written notice as provided herein. . btain an exemption from real estate taxes a Event of Default under the terms of this It is agreed that Tenant shall not apply for on the Premises. Any such application shall Lease. 6. Premises. Utilities to be paid include, b are not limited 0, water, sewer, gas, and electricity. Tenant shall pay for any and all janitori services and regular cleaning service to the Premises, as well as garbage removal. 7. USE OF PREMISES. enant shall use the Premises for the conduct of Tenant's operation of the consignment tore and office and any other activities reasonably related thereto, six (6) days per wee between 9:00 o'clock a.m. and 5 o'clock p.m., and shall secure the premises during all othe ours. The Premises may not be used in any other fashion for any other purpose without wri n approval of Landlord. Tenant's use of the Premises must comply with the Amendment to otective Covenants and Restrictions attached hereto as Exhibit A and incorporated herein b his reference. Tenant shall be responsible for general oversight of the Premises, including aintenance of the grounds, shall accept drop offs and collect payments for brown goods that re recycled at the site, accept drop offs for the Salvage Barn, accept drop offs for the Fur . ure Project, notify City's Landfill of overfiows in City drop bins, and provide receipts for do ations to the publiC for the City Furniture Project. Tenant shall provide sufficient office space accommodate desks, files and phones for use by two City programs. The office space will ave access to restroom facilities. Initially the City will use this office space for the Furniture roject and the Salvage Barn. However, the City reserves the right to use this space for oth programs. This office spaces will be accessible for City employees and staff 24 hours a da , seven days per week. Access to these spaces for the public will be limited to the hours out' ed in paragraph 7. 2 8. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant observes and performs all of the agreements and covenants required of it hereunder, Tenant shall peaceable and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by Landlord. If Tenant's use of the Premises is limited or denied through rezoning, environmental impact edict, or other action of any public or quasi- public agency or governmental authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action and the rent applying to the unexpired portion of the Term will abate. 9. PROHIBITED BEHAVIOR. either smoking nor sale or cons ption of alcoholic beverages is allowed anywhere on the Pr mises. This includes both tena -occupied areas and all common areas of the building. 10. REPRESENTATIONS WARRA TIES AND COVENA hereby represents, warrants and covenants t Tenant that as of th S OF TITLE. Landlord ommencement Date: (a) Landlord is the sole owner in fee imple of the Pr mises and has full right, power and authority to grant the estate demised herei and to exe te and perform all of the terms, provisions, covenants and agreements provided in his Leas , (b) to the best of its knowledge, the P mis s complies with or will be made to comply with all applicable zoning requirements, ordin s, regulations, and all applicable laws, affecting the Premises or required in Tenant's us of the Premises or common areas appurtenant to the Premises; and does not contain any asbestos or Landlord is not in violation of any federal, state or local law, ordinance or regu tion relati to industrial hygiene or to the environmental conditions on, under or about th Premises in uding, but not limited to, soil and ground water condition, and that no previous ccupant of the Premises has used, generated, manufactured, stored or disposed of on, und or about the Pre ises any Hazardous Materials, as determined by a Court of competent juris iction. 11. ASSIGNMENT AND SUBLET ING. Tenant shall not a ign this Lease, or sublease all or a part of the Premises for any p pose, without the prior wr ten consent of Landlord. If Tenant subleases all or a part of the Pr mises with Landlord's writte consent, Tenant agrees to remain primarily liable for the paymen of rent for the remaining term 0 this Lease. 12. ALTERATIONS IMPR VEMENTS AND ADDITIONS. Te ant, without Landlord's consent, may make any alteratio s, improvements, or additions in, on r about the Premises, which Tenant may deem nece ary or desirable, except for structural pairs, provided such alteration, improvement, or ad Ition costs not more than one thousand d lars ($1,000.00). For any improvements exceed in one thousand dollars ($1,000.00), in seeking andlord's approval, Tenant shall submit a writt description of the proposed work along with ns and drawings respecting the same, c pleted by a registered Engineer or Architect, to Landlord for Landlord's approval, whi approval shall not be unreasonably delayed or with Id. Tenant, at its option, may remove uch alterations, improvements, or additions made by it in, on or about the Premises if the re oval may be done without structural damage to the Premises. Tenant's personal property a its trade fix1ures, including all machinery, equipment and furnishings, shall remain the pr erty of Tenant and may be removed by Tenant. Any personal property, trade fix1ures, alterations, improvements, or additions not removed by Tenant within thirty (30) days after the end of the Term shall automatically become the property of Landlord. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Premises 3 (structural or non-structural) that may be required on account of any existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the nature of Tenant's business. In no event shall Tenant make any changes, modifications, alternations, or additions to the exterior of the Premises without Landlords' specific written approval, notwithstanding any provision contained herein to the contrary. 13. REPAIRS AND MAINTENANCE. Tenant shall be re ponsible for upkeep and routine maintenance of the Premises, including repairs to the remises, as well as be responsible for protecting against insect and pest infestation. Lan ord shall be responsible for building structural repairs, replacem nts or retro-fitting of a perm nent character (including, but not limited to, components in the a conditioning, boiler and ating systems, HVAC system, gas lines, electrical and plumbing fi ures and hot water sy ems, including heaters), and all floors and floor surfaces, wall, roof including water tightn s), foundation, footings, Building Systems (as herein defined) and stru ural repairs, support ystems, strengthenings, alterations, reconstructions, or additions necessit ted by reason of pse of time, weakness or decay, or damage to or destruction of the Premis s, or to any pa thereof, or which may, at any time, be required by any governmental or publi authority, e ept for any damage caused solely by Tenant's negligence. Tenant shall prompt notify Lan ord of any known defect, damage, decay or dangerous condition associated with the Building ystem. As used herein, 'Building Systems' means the building utility elements essenti for T nant's use and occupancy of the Premises including, but not limited to, such systems s a not readily accessible to Tenant, such as underground water, sewer, electric and other ity lines and maintenance services related to the Premises. Tenant shall surrender the Pre 'ses in as good order, repair and condition, or better, as the same were in the commenceme t f the Term, damage by fire and items covered by extended coverage insurance, unavoidab ca alty, reasonable wear and tear, alterations, improvements and additions made by Tena and L dlord's failure to repair excepted. " 1 14. SIGNAGE. Tenant may, at T ant's expe e, install signage, consistent with City Code requirements, and SUbject to the pproval of La lord. Tenant is responsible for care, maintenance, and replacement of any nd all of Tenant's igns. 15. TAXES. City, during the T. rm, shall pay promptl when due, any and all real estate taxes and special assessments im sed on the parcel of re estate owned by the City upon which the Premises are located. T nant shall pay all taxes as essed against and levied upon Tenant's trade fixtures, and all ot r personal property of Tenan contained in the Premises. As used herein, the term 'real estat tax'" includes any form of tax, a sessment, license and permit fees, rent tax, income tax, fran ise tax, levy, penalty, or tax imp sed by any authority having the direct or indirect power to x, including any city, county, state 0 federal government, or any school, agricultural, lighting, rainage or other improvement distri thereof or any public or quasi-public agency or gov nmental authority, upon any legal or eq .table interest of Landlord in the Premises, upon La (llord's right to rent or business of leasin the Premises, or upon Tenant's use or occupanc of the Premises. 16. INSURANC . Tenant covenants and agrees that it will at its wn expense procure and maintain general' sura nee in a company or companies authorized t do business in the State of Iowa, in the f 1I0wing amounts: T a. Comprehensive General Liability Each Occurrence Aaareaate (1) Bodily Injury & Property Damage $1,000,000 $2,000,000 4 b. Excess Liability $1,000,000 $1,000,000 c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. 17. INDEMNITY. Landlord hereby disclaims, and Tenant ereby releases the Landlord from any and all liability, whether in cont act or tort (including st ct liability and negligence) for any loss, damage or injury of any nat re whatsoever sustai ed by Tenant, its employees, agents or invitees during the term of thi Lease, including, b not limited to, loss, damage or injury to the property of Tenant that may e located or store in the Premises, unless such loss, damage or injury is caused by the Landlor 's gross neglig ce or intentional willful misconduct. The parties hereby agree that under no cir umstances s all the Landlord be liable for indirect, consequential, special or exemplary damage ,whether' contract or tort (including strict liability and negligence), such as, but not limited t loss 0 revenue or anticipated profits or other damage related to the leasing of the Premises der is Lease. 18. DAMAGE OR DESTRUCTION. If the emises is damaged or destroyed in whole or in part by fire or other casualty, Landlord may el ct terminate this Lease or repair and restore the Premises to a good tenantable condition If L dlord does not commence the repair or restoration within ninety (90) days after th dama or destruction occurs, or if repair or restoration will require more than ninety (90 days to c plete, Tenant may, at Tenant's option, terminate this Lease by giving Landlord n Ice of Tenan 's election to do so at any time prior to the commencement of the repair or rest ation. In that ent, this Lease shall terminate as of the date of such damage or destructio ,without further li i1ity other than accrued but unpaid rent, utilities and or applicable taxes. " 19. CONDEMNATION. If all he Premises or a subst tial portion thereof is taken by condemnation or under the power eminent domain, or sold un er the threat of the exercise of said power (all of which are h ein called "condemnation"), t 's Lease shall automatically terminate, without further liabilit other than accrued but unpaid re t, utilities and or applicable taxes, as of the date the conde ning authority takes title or possess I n, whichever occurs first. If any other takin (of the Premises or otherwise) adversel and substantially affects Tenant's use, access, or rig ts of ingress or egress of or to the Premise, then Tenant may elect to terminate this Lease of the date the condemning authority tak s possession, without further liability other tha accrued but unpaid rent, utilities and or appl able taxes. Tenant's election to terminate s II be made in writing within thirty (30) days afte Landlord has given Tenant written notice f the taking (or in the absence of such notice, wit in fifteen (15) days after the condemnin authority has taken possession). If Tenant does not t rminate this Lease in accordance with is Section, this Lease shall remain in full force and effe t as to the portion of the Premises re aining. . Any ard or payment made upon condemnation of all or any part of the Premises shall be the pr perty of Landlord, whether such award or payment is made as compensation for the taking of e fee or as severance damages; provided Tenant shall be entitled to the portion of any sue award or payment for loss of or damage to Tenant's trade fixtures, removable personal operty, and additions, alterations and improvements made to the Premises by Tenant, and for its loss of business or the leasehold herein created or any other consequential or special damages, such as Tenant's relocation and moving expenses. 5 20. DEFAULTS. The following shall constitute "Events of Default"; (a) Monetary. Tenant shall fail to pay rent at the time required or any other monetary obligation or payment required under this Lease when due, and such failure shall continue for a period of ten (10) days following written notice from Landlord to Tenant; or (b) Non-oerformance. Tenant shall fail to observe or perform any of the other covenants, terms or conditions contained in the Lease, or a warranty de by Tenant shall fail to be accurate and complete, and such failure shall continue and no be cured for a period of thirty (30) days after written notice by Landlord to Tenant, provid 0 that if the default is not reasonably susceptible of being cured within thirty (30) days, a vent of Default shall occur only if the Tenant fails to promptly commence such cure or fail thereafter to diligently pursue such efforts to completion; or (c) Bankru tc : Receivershi . If (i) Tenant fl es a petition in bankruptcy or for reorganization or for an arrangemen pursuant to an present or future federal or state bankruptcy law or under any similar ederal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for t e benefit of it creditors, or admits in writing its inability to pay its debts generally as they b ome due, r if a petition or answer proposing the adjudication of Tenant as a bankrupt or reorgani ation of Tenant under any present or future federal or state bankruptcy law or any si i1ar fed ral or state law is filed in any court and such petition or answer is not discharged or de 'ed w' in thirty (30) days after the filing thereof; or (ii) A receiver, trustee or liquidator of Tenant 0 al or substantially all of the assets of Tenant or of the Leased Premises or any portion there is appointed in any proceeding brought by or against Tenant and is not discharged within (30) days after such appointment or if Tenant consents to or acquiesces in such appoint en!. Event of Default by Tenant, or at any time f Default, Landlord may take any of the ainst Tenant: (a) inate the Lease by giving no less than thirty (30) days' prior written noti thereof to Tenant, a upon the passage of time specified in such notice, this Lease and II rights of Tenant he under shall terminate as fully and completely and with the same ffect as if such date were he date herein fixed for expiration of the Term and Tenant shall re ain liable as provided in Sec 'on (c) below. (b) Eviction. andlord shall have the immedia e right upon termination of this Lease to bring an action f r forcible entry and detainer. (c) Tena to Remain Liable. No termination 0 this Lease pursuant to the provisions of this Le e, by operation of law or otherwise, and no epossession of the Premises or any part thereof ursuant to this Lease or otherwise shall relie e Tenant of its liabilities and obligations hereun er, all of which shall survive such termination, re ossession or reletting. (d) repossession Default: amaaes. In the event of any termination of this ease or eviction from or f the Premises or any part thereof by reason of the 0 urrence of an Event of (i) Rent and Charaes. Tenant shall pay to Landlord the ent and other sums and char es required to be paid by Tenant for the period to and inclu 'ng the end of the applica e Term or expiration of an exercised option period as provided for by Section 3 above, which er is later. 6 (ii) Leased Premises. Landlord shall be entitled to offset any amount owing by Tenant under the preceding section, (d)(i), against any "value added damages" Landlord may be liable for pursuant to this Lease. (e) Riahts Cumulative. Non-Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedY allowed Landlord at law or in equity. (I) Landlord's Riaht to Cure. 'If after writte notice, Tenant fails to pay any utilities charges, insurance premiums, the cost of any of th repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid under the Lease, Landlord shall have the ri t, but not the obligation, to make all such payments, and in addition to its other remedies u er this Lease, Landlord shall have the option of requiring Tenant to repay to Landlord the am unt of such payments (which shall be deemed' additional rent hereunder) on demand with int rest after demand at 10% rate per annum. (the "Default Rate"). (g) Late Char e Default R e. If Landlord does not receive payment of any installment of rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after t same falls due (regardless of whether Tenant has received notice of the delinquency), L dlord may impose a late charge equal to five percent (5%) of the amount of such delinque sum and if such sum is not received by Landlord within thirty (30) days of its due date, such m shall, in additio ,bear interest at the Default Rate from the due date until the date paid. (h) Non-Waiver. Th failure of Landlord to ins t upon strict performance of any of the covenants or conditions of t Lease, or to exercise any ptions herein conferred in anyone or more instances shall not b construed as a waiver or re 'nquishment for the future of any such covenant, condition, or ption, but the same shall be a remain in full force and effect. The receipt by Landlord of a y rent or any other sum payable reunder with knowledge of the breach of any covenants or greements contained herein shall n t be deemed a waiver of such breach. 22. HOLDING remains in possession of the Premises after the expiration or terminatio of this Lease, and without the execution of a new Lease, Tenant shall be deemed to be occ ying the Premises as a tenant from month-to-month, subject to all of the conditions, provision and obligations of this Lease insofar as they are applicable to a month-to- month tenancy. S BY LANDLORD. 23. (a) Landlord or Landlord's agents, representatives or employees shall have the right at any me upon at least twenty-four (24) hours oral notice (except in emergencies, in which cas only such notice, if any, as may be feasible under the circumstances shall be required) 0 enter upon the Premises for the purposes of inspecting the same, determining whether his Lease is being complied with, and curing (as permitted herein) any default by Tenan 7 (b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever necessary and without notice to enter upon the Premises for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Premises. 24. NON-DISCRIMINATION. Tenant covenants, in consideration of the right to lease the Premises that Tenant, its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 25. APPLICABLE LAW. Th laws of the State of Iowa shall govern the validity, performance and enforcement of this ease. / 26. NOTICES. Notices, statem nts and oth r communications to be given under the terms of the Lease shall be in writing, u less othe ise provided herein, and sent by certified or registered mail, or by commercial courier, return r ceipt requested, and addressed as follows: 27. WAIVER OF SUBROGAT ON. Landlord nd Tenant and all parties claiming under or through them hereby mutually r lease and disc arge each other, any other tenants or occupants of the building in which t e Premises is loca d, and the officers, employees, agents, representatives, customers and bu iness visitors of Lan ord or Tenant or such other tenants or occupants, from all claims, losse and liabilities arising fr m or caused by any hazard covered by insurance on or in connectio with the Premises or sai uilding, even if caused by the fault or negligence of a released pa . This release shall apply nly to the extent that such claim, loss or liability is covered by in urance. If to T enan!: Iowa Valley Habitat for Humanity P.O. Box1241 Iowa City, IA 52244 If to Landlord: Director, Public Works Dept 410 E Washington St. Iowa City, IA 52240 The address and person for rilten co munication may be changed upon ten (10) days' written notice to the other party. 28. ENVIRONMENT L MATTERS. Tenant will compl with all environmental laws during the term of the Lea e, but shall bear no liability whatsoe r and shall not assume any conditions for any existin environmental materials or Hazardous aterials on the Premises. Landlord agrees to inde nify, defend and hold Tenant harmless fro and against any and all loss, damage, liability a d expense (including reasonable attorneys' fe ) that Tenant may incur as a result of any cI m, demand or action related to environmenta conditions, Hazardous Materials or any othe environmental laws and regulations not directly r suiting from Tenant's activities on the Pre Ises. 29. HAZA OUS MATERIALS. The term "Hazardous Materials' as sed herein shall include but not b limited to asbestos, flammable explosives, dangerous substa ces, pollutants, contaminants, h zardous wastes, toxic substances, and any other chemical, ma rial or related substance exp sure to which is prohibited or regulated by any governmental au ority having jurisdiction er the Premises, any substances defined as 'hazardous s bstances," "hazardous aterials" or "toxic substances" in the Comprehensive Environmental esponse Compens Ion and Liability Act of 1980, as amended, by Superfund Amendme ts and Reauthor' ation Act 42 U.S.C. 96901, et seq.; the Hazardous Materials Transportation Ad, 42 U.S.C. 901, et seq.; Clean Air Act, 42 U.S.C. 97901, et seq.; Toxic Substances Control Act, 8 15 U.S.C. g2601, et seq.; Clean Water Act, 33 U.S.C. g1251, et seq.; the laws, regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 30. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any other provision hereof. 31. ENTIRE AGREEMENT. This Lease and any a enda and exhibits attached hereto or to be attached hereto, set forth all of the covenants, omises, agreements, and conditions between Landlord and Tenant concerning the Premo es and this Lease and there are no covenants, promises, agreement or conditions, ei er oral or written, between them. This Lease may not be modified or a ended in any anner except by an instrument in writing executed by the parties hereto. 32. BINDING EFFECT. The ovenant, conditions and agreements contained in the Lease shall bind, apply to and inure 0 the enefit of the parties hereto and their respective successors. 33. ATTORNEY FEES. If either rty named herein brings an action to enforce the terms of this Lease or to declare rights er nder, the prevailing party in any such action, on trial or appeal, shall be entitled to its r. ason Ie attorney's fees to be paid by losing party as fixed by the court. 34. HEADING. Headings a to the conten of particular sections herein are inserted only for convenience, and are in way to be constr d as a part of the Lease or as a limitation on the scope of the particular se ion to which they refe 35. COUNTERPARTS. his Lease may be executed in counterparts, each of which shall be deemed to be an original nd all of which shall, when taken together, constitute but one and the same instrument. 36. TERMINATIO OF LEASE & RIGHT OF FIRST REFUSAL. During the Term of this Lease, Tenant shall ha e a right of first refusal to purchase the Premises upon the following terms: (a) Upon r ceipt and acceptance of a bona fide third-pa offer for the purchase of the Premises, subj t to this right of first refusal, which acceptan e will make it expressly subject to the right f first refusal, City shall provide a copy of said th d-party offer to Tenant. This step shall be eemed perfected by notice as required in this agreem nt. (b) Ithin 30 days thereafter, Tenant must in writing exerci a notice to City, perfected in th same manner, indicating that Tenant exercises its rights here nder to purchase said Premise on precisely the same terms and conditions as the third-party 0 r. ) In the event said notice of exercise of right of first refusal is not same sh expire; provided, however, that if said third-party offer does not consum ation of said sale, this right of first refusal shall continue. (d) In the event the right of first refusal is exercised, the transaction will close at the same time and upon the conditions as set forth in the third-party offer. (e) Tenant agrees, if requested by City, to execute a recordable quitclaim deed to the Premises should Tenant's right of first refusal expire as described herein. 9 IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landlord: CITY OF IOWA CITY Mayor \ \ Attest: City Clerk Tenant: IOWA VALLEY HABITAT FOR HUMANITY (Name & Title) (Name & Title) 10 City Attorney Approved: CITY ACKNOWLEDGMENT \ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 2006, before me, the undersigned, a notary public in and for the State of Iowa personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by e duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal c r ration executing the within and foregoing instrument; that the seal affixed thereto is the s 1 of aid municipal corporation; that said instrument was signed and sealed on behalf of said unicipa corporation by authority of its City Council; and that the said Mayor and City Clerk as su officers cknowledged that the execution of said instrument to be the voluntary act and deed of aid corporat n, by it and by them voluntarily executed. IOWA VALLEY HABITAT STATE OF IOWA JOHNSON COUNTY [INSERT PROPER Mitch/B/Habitat for umanity/Lease2.doc 11 #17166 - 3 MICHAEL DEVELOPMENT OF IOWA LIMITED PARTNERSHIP, by Michael J. Swenson, General Partner, (69) AMENDMENT TO PROTECTIVE C ENANTS AND RESTRICfIONS. Dated July 1 1992. Recorded July 15, 1992, in Book 14 ,Page 331. to The Public. KNOW ALL MEN BY THESE PRESENTS at the undersigned, being (50%) of the following described premises located' Iowa City, Johnson C Commencing in the center of the Wyoming Ro where the same crosses the West line of the East f of Seetio the 5th P.M.; thence North along the one-~f secti Island and Pacific Railroad right of way; thence Southe to the East line of Section 24; thence South alQng the Wyoming Road; thence Northwesterly along the cent beginning; all in Section 24, Township 79 North, Rang hereby amend the Protective Covenants and Restrictions on aid pro recorded in Book 359, Page 95-101 as follows: 1. By deleting any portion of the above described operty lying w or of U.S. Highway 6; and or of Heinz Road. 2. By deleting that part of Lots 1-4, Auditor's lat No. 32 lying wi . releasing that deleted property from the teIrtls of the rotective cove.nants and 3. By deleting that part of Lot I, B.D.I. Fourth Addition together with t part of a 33 foot strip of land adjoining the Northwesterly line of Lot 2, B.D.1. Fourth Addition more particular described as follows: Commencing at the most Southerly comer of Lot I of B.D.I. Fourth Addition 0 Iowa City, Iowa; thence North 38041'40" East 124.88 fe along the Southeasterly line of said Lot to a point; thence North 51030'40" West 50.20 feet alo the lot lien of said Lot I to the point of eginning of the parcel herein described; thence No 8041'40" East along a line which is parallel to d 33 feet in perpendicular distance from the So easterly line of said Lot I 660.79 feet to a point curvature; thenCe Northeasterly along a 413-f1 t radius curve concave Northeasterly 369.20 feet to a int (said curve having a 357.03-foot chord 'ng North 13005'04" East); thence Northwesterly alon 379.5 foot radius curve concave No asterly 118.31 feet to a point (said curve having a 117.83 foo ord bearing North 31041'28" W t); thence South 15045'36" East 90.00 feet to a point; tli ce Southwesterly along a 380 ti t radius curve concave Northwesterly 361.16 feet to a point (said,c having 8347.72 foot chord ing South IF28'02" West); thence South 38041'40" West 660.91 fe to a point; thence, South 1030'40" East 33.00 feet to the point of beginning. Said parcel herein described contains 0.802 acres more or less and is subject to easements of record, lying'within the above doscr' ed premises and releasing that deleted property from the tenns of the Protective Covenants and Restrictions. 4. By including tbat art of Lot 2, B.D.I. Fourth Addition, presently not included within the above described premises except for any p of a 33 foot strip described in the immediately preceding paragraph. The land to be included is owned by Bus' ess Development, Incorporated, an Iowa Corporation which specifically agrees to subject this property to the Am ded Covenants which follow. 5. By includin that part of Lot 4, B.D. I. First addition presently not included within the above described premises. This pro rty is owned by Economy Advertising Company, an Iowa Corporation wbich specifically agrees to subject thi property to the Amended Covenants which follo:w. 6. By nating Paragraph 1-16 of the Protective Covenants and Restrictions in their entirety and by adopting the foIL ing amended Protective Covenants and Restrictions in lieu thereof, to wit erations on the above described. premises shal.1 be conducted or maintained wholly inside enclosed buildings, ex t for loading and unloading of vehicles and transferring of material from storage areas to the enclosed. building for perations and processing. 2. N building shall be built on any portion of the above described property unless the following described. requirements: are met, to wit .. EXHIBIT "A" #17166-4 (69 cont'd) a) The depth of the front yard shall not be less than fifty (50) feet. b) AU'subdivisions shall have lots of at least three (3) acres hi size unless prior approval fOf deviat" n has been granted by the Board of Directors of Business Development, Incorporated. 3, All areas except for the area covered by buildings and other structures, and except fi driveways, sidewalks, and other walkways, and for loading areas, storage areas and areas used for the growing f farm crops, shall be used exclusively for the planting and growing of trees, shrubs, lawn and other ground coy 'ng which shall be maintained as required to keep said areas 'n a neat and orderly appearing manner. 4. If construction afthe building and s ctures on any single parcel purchased from B Incorporated has not started within two (2) Y of date of purchase of any portion of any premises, Business Development, Incorporated y exercise the right to repurchase of purchase price and this provision is specifically d to and accepted by each purchas 5. Business Development, Incorporated retain a fITSt option to purchase any pion of the above describe premises together with any structures, facilities or huil' s located thereon and each wner hereby agrees to give written notice of said intention to sell to Business Devel ment, Incorporated, after hich Business DeVelopment, Incorporated shall h:!ve a period of twenty (20) days in w . ch to either accept or ~ect this offer. If the offer is rejected, the owner then 'has a right to sell to any third p provided that he ay not sell any land offered to Business Development, Incorporated on terms less onerous th offered to B ness Development, Incorporated. 6. These covenants are to run with the land and shall be b ding on all arties and aU persons claiming under them for ten (10) years at which time said covenants shall be aut aticall):; extended for succe_ssive periods often (10) years unless by vote of the owner of more than fifty percent (5 ) 0 e above described property it is agreed to change the said covenants in whole or in part. 7. If the parties hereto or any of them or their heirs or assigns I violate or attempt to violate any of the covenants or restrictions herein, it shall be lawful for any other p on 0 ersons owning any other area in said above described property to prosecute any proceeding at law or in uity aga' t the person or persons violating or attempting to violate any such covenants or restrictions and ei prevent hi or them from so doing or r~over damages or other dues for such violations. . 8. Invalidation of anyone of these covenants by jud other provisions which shall remain in full force and effe 9. The legal description of the ,property subject to e Amended Protective of which is located in Iowa City, Johnson County, low IS as follows, to wit: Commencing in the center of the Wyoining R ad (also known as Lower Muscatin wbetethe same crosses the West line of the t Half of Section 24, Township 79 e 6 West of the 5th P.M.; thence North along the one- f section line to the South line of the hicago, Rock Island and Pacific Railroad right of way; ce Southeasterly along the South line of sai . ght of way to the East line of Section 24; thence uth along the said East line of Section 24 to tli' center of Wyoming Road; thence Northwesterl along the center of said Wyoming Road to the lace of beginning; all in Section 24, To lp 79 North, Range 6 West of the 5th P.M., except r any portion of the above described prop lying within the right of way of Scott Boulev8f(l; or 0 U.S. Highway 6; ncofHeinz Road; EX UDING that part of Lots 1-4, Audilnc's Plat No. 32 lying WI . the above described premises an eLUDING Lot I, B.D.I. Fourth Addition lying within the abo described premises and EXCL ING any part of the following described premises: A 33 foot stri of land adjoining a part ofth orthwesterIy line ofLat 2, B.D.I. Fourth Addition more particularly described as follows: Co dng at the most Southerly ccimer of Lot 1 of B.DJ. Fourth Addition to Iowa City, Iowa; thence orth 38041'40" East 124.88 feet along the Southeasterly line of said Lot 1 to a point; thence No 51030'40", West 50.20 feet along the.lot line of said Lot 1 to the point of beginning of the parcel erein described; thence North 38041'40" East along a line which is parallel to and 33 feet in p 'cular distance from the Southeasterly line of said Lot 1 660.7~ feet to a point of curvature; thence ortheasterly along a 413-foot radius curve concave Northwesterly 369.20 feet to a point (said curve ving a357 .03-foot chord bearing North 13005'04" East); thence Northwesterly along a 379.5 foot 'us curve concave Northeasterly 118.31 feet to a point (said curve baving a 117.83 foot chor earing North 31041'28" West); thence South 15045'36" East 90.00 feet to a point; thence Southw ly along a 380 foot radius curve concave Northwesterly 361.16 feet to a point (said curve having 347.72 foot chord bearing South 11028'02" West); thence South 38041'40" West 660,91 feet to point; thence, South 51030'40" East 33.00 feet to the point of beginning, Said parcel herein des contains 0,8024 acres more or less and is subject to easements of record; and INCLUD G that part of Lot 2, B.D,I. Fourth Addition not included within the above described premises cept for any part of the 33 foot strip described above; and INCLUDING that part of Lot 4, B.D.I First Addition not including within the above described premises. --_.._._~------_.__."----~-_.._---..,~-------_._...~.-,..~~_...~_.__."_._..._--_._-"~---""--,----,._----_.._-.----.-.-..-,.----,---..-- #17166 - 5 (69 cont'd) A. Lot 2, BDI First Addition: Raymond L. Bywater Estate, an undivided one-half interest; W. M. Bywater, an undivided one-half interest. S. Lot 3, BOI First Addition: Edwin J. O'Brien and Jane E. O'Brien C. Lot 4, BOI First Addition: Economy Advertising Company, an Iowa corporation D. Lot 1, BOl Second Addition: Michael A. Rittenmeyer E. Lot 2, BOI Second Addition: Macbride Addition, Inc., an I F. Lot 3, BOI Second Addition: Lyle W. Miller Company, Inc. G. 1;ot 4, BOI Second Addition: Michael Development of Iowa. H. Lots 5-6, BOI Second Addition: Hieronymi, an Iowa General Partn rship L Lots 7-8, BOI Second Addition: Blooming Prairie Warehouse, Inc. J. Lot I, BOI Third Addition, except tract sol to Ci within Scott Boulevard Right of Way; American College Testing Program, In K. Lot 2, BD! Fourth Addition: Business Development, Incorporated, an L. Lot I, BDI Fifth Addition: Michael Development of Iowa Limit M. Lots 2~5, BOI Fifth Addition: Business Development, Incorporat ,an Iowa N. Lot 6, BOI Fifth Addition: Iowa-Illinois Gas and Electric C O. Lots 7-9, BOI Fifth Addition: Business Development, Inco P. Lot 10, BDI Fifth Addition: Hieronymi, an Iowa Gener Partnership Q. Lot 11, BDI Fifth Addition Business Development, R. Lot 12, BDI Fifth Addition Northwestern Bell Tel hone Co. d/b/a U.S. West CommunicatJ s S. Lot 7, Auditor Plat 32, tract sold to city Within Scott Boulevar L.L. PelIing Com y, Incorporated T. 37.5 Acre Tract descri as follows: 10. The owners of the above-described property to be included in the land subject to the amended are as follows: Commencing as a point reference at the center of Section 24, Township 79 North, Range 6 West of the Fi,fth Principal Meridian, Johnson County, Iowa; thence south .88040'00" West 341.l'''' feet along the North line of the Southwest quarter of said Section 24 to a point (this is an assumed bearing for purposes of this description only); thence South/00050'OO" East 630.18 feet to a point on the Northerly right of way line of U.S. ighway #6 (formerly known as Wyoming Road); thence South 51056'03" East 00.00 feet along the Northerly right of way line of said U.S. Highway #6 to point; thence South 55051'48" East 199.97 feet along the Northerly right of way Ii e of said U.S. Highway #6 to a point; thence South 57018'25" East 186.0 feet ala g the Northerly right of way line of said U.S. Highway #6 to a point; thence South 7032'41" East 308.19 feet along the Northerly right of way line of said U.S. Highway #6 to a point; thence South 58026'03" East 140.35 feet along the Northerly right of way line of said U.S. Highway #6 to point of beginning of tract herein described, which point is also located on tlle easterly right of way line of Heinz Road; thence continuing South 58026'03" East 32156 feet along the Northerly #17166 - 6 (69 cont'd) right of way line of said U,S. Highway #6 to a paint; thence South 60051'28" East 1078.72 et along the Northerly right of way line of said U.S. Highway #6 to a point; thence North 290 '32" East 1168.35 feet to a point; thence North 60051 '28" West 1400.0 feet to a point, which p t is on the easterly right of way line of Heinz Road; thence South 29008'32" West 1154.74 feet ala g the easterly right of way line of Heinz Road to a point of beginning, and containing 37.5 acres, ore or less. The BURcher Company, a Pennsylvania Corporation II. These Amended Protective Covenants and Restrictions may be executed in s eral counterparts, each of which shall be regarded for all purposes as one original and all of which shall nstitute one and the same instrument IOWA-ILLINOIS GAS AND ELECTRIC COMPANY, by Wil!iam T. Green, Vice President, K. M. Giger, Secretary, (Seal) to The Public. L. L. PELLING COMPANY, INCORPORA lED, et aI., to The Public. ECONOMY ADVERTISING COMPANY by sf W. M. Bywater, President by sf Carol A. Maske, Secretary Signed and acknowledged June 25, 199 . MACBRIDE ADDmON, INC. by sl Lyle W. Miller, President by s/ Lyle W. Miller, Secretary Signed and acknowledged June HIERONYMI, an Iowa Gen I Partnership by sf Wilfreda Hieronymi, eneral Partner Signed and acknowledged une 25, 1992. ANY, INCORPORA lED , President by sf Mary Rhine , Secretary Signed and aclrno ledged June 25, 1992. AMERICAN OLLEGE lESTING PROGRAM, INC. by sf Richar L. Ferguson, President by sf J. B. gh, Jr., Treasurer Acknowle ed June 25, 1992. TECfIVE COVENANTS A RESTRlCTIO Dated July 7, 1992. Recor ed July lS,I~ 2, in Book 1403, Page 336. Count art same at Entry No. 69. (71) BUSINESS DEVEL by sf Ray G. Glass, P by sf Jack A. Koberg, Signed. and acknowledg MENT INCORPORA lED ident cretary i.me 25, 1992. LYLE W. MILLER COMPA Lyle W. Miller, President Lyle W. Miller, Secretary Signed and acknowledged June 25, W. M. Bywater Linda A. Bywater RAYMOND L. BYWAlER ESTAlE by sf W. M. Bywater, as Executor thereof',. .. Signed and acknowledged June 25, 1992. sf Michael A. Rittenmeyer s/ Helen L. Rittenmeyer Signed and acknowledged July 15, 1992. #17166.7 (72) lHE BUNCHER COMPANY, by Thomas J. Balestrieri, president, by Bernita B. Balter, Secretary, (Seal) AMENDMENT TO PROTECTIVE CO ANTS AND RESTRICTIONS. Dated Joly 31, 92. Recorded August 11, 1992, in Book 14 ,Page 106. Counterpart same as at Entry No. 69. (73) to The Public. Edwin 1: O'Brien and Jane E. O'Brien, to AMENDMENT TO PRO ECTIVE COVENANTS AND RESTRICTIONS. Dated August 10, 1992. k.ecordedAugust 11,1 2, in Book 1417, Page Ill. Counterpart same as a Entry No. 69. The Public. CITY OF IOWA CITY, IOWA, to The Public. (75) L ESTATE TAXES: PARCEL NO. 63756004 (3.7 ac 10 at SE cor SE NE & at NE cor NE SE ex E Parcel Address: 2401 S. Scott Blv ., Iowa City, Iowa F~calyear 1994: 1st Y2, $3,879.00, paid. 2nd lh,$3,S79.00, unpaid, not delinquent. Tax lists show no taxes as except as are set out herein. We the Comity Auditor. ing '8 lien on this property, including special assessments and pc anal taxes, o not, however, certify to special assessments which have not been rtitied to ---- ., r~ ~ Prepared by: Mitchel T. Behr, Assl. City Atty., 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 0/;-11\7 RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WESTSIDE AUTOMOTIVE L.L.C. FOR AN UNDEVELOPED .95 ACRE PARCEL OF PROPERTY LOCATED ON THE NORTH SIDE OF HIGHWAY 1 WEST BETWEEN THE MORMON TREK BOULEVARD AND DANE ROAD INTERSECTIONS, AND DISPOSAL OF SAID PARCEL IN ACCORDANCE THEREWITH. WHEREAS, a .95 acre parcel of undeveloped property located on the north side of Highway 1 West between the Mormon Trek Boulevard and Dane Road intersections was previously purchased as a remnant along with adjacent property needed for the Iowa City Airport runway protection zone; and WHEREAS, said .95 acre parcel is not necessary for Iowa City Airport purposes; and WHEREAS, the City has negotiated a purchase agreement with Westside Automotive L.L.C. for the sale of said parcel of property, which purchase agreement is attached hereto and requires City Council approval; and WHEREAS, the Iowa City Airport Commission has approved of said purchase agreement; and WHEREAS, upon public hearing the City Council finds said sale to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby approve the attached purchase agreement between the City of Iowa City and Westside Automotive L.L.C. for a .95 acre parcel of undeveloped property located on the north side of Highway 1 West between the Mormon Trek Boulevard and Dane Road intersections (Johnson County Auditor's Parcel No. 2005176) and authorizes disposal of said property in accordance with that agreement. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the necessary documentation for disposal of said property in accordance with the attached agreement and as approved by the City Attorney's Office. Passed and approved this 13th daYOf~ YOR ,20--..Q.L. (-[~ ATTEST: ~/~m)l!. ~A) CI LERK Approved by c~~ C, t" /z../lPt; MnchlD/Hagen Airport ParceVRes1 Resolution No. Page 7 Oh-lIn It was moved by Bailey and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: x ~~ x Champion x Correia x Elliott X O'Donnell x Vanderhoef x Wilburn ~~--'~'----'--'---'--~----"--,,- ----...",..-.'...'.----_______." _ _______.__.___,._.,.__.__,_~._"_.._.__M_.'.________"________.______~,.___ Prepared by: Craig N. Willis, P.o. Box 143, Iowa City, lA, 52244 (319)337-9621 OFFER TO BUY REAL ESTATE Dated: April 11, 2006 To: Iowa City Airport Commission; City Council of Iowa City (Seller) 1. The undersigned Buyers hereby offer to buy the real estate located in Johnson County, Iowa, described as: That portion of Section 20, Township 79 North, Range 6 West of the 5th P. M. that is described as Auditor's Parcel 20p5175 on the attached Plat of Survey, with any easements and appurtenant servient estates, but subject to zoning and other ordinances, covenants of record, and easements of record; provided Buyers, on possession, are permitted to make the following use of the real estate: any use permitted in the Cll Commercial Intensive Zone as defined by the Iowa City Zoning Ordinance. 2. The purchase price shall be $440,000, payable as follows: In cash payable at closing. 3. This offer is not contingent on buyers' financing. 4. Buyers, upon timely performance of their obligation, are entitled to possession of the real estate on a mutually agreed upon date to occur within thirty days of the latest to be given of the following: approval of the transaction by the Iowa City Airport Commissionj completion of all statutorily required sale procedures by the City Council of Iowa City; and approval of the transaction by the Federal Aviation Administration (date of closing) . 5. Subject real estate is currently exempt from taxation. No tax proration shall be paid by the Seller. 6. There are no fixtures associated with the subject real estate. 7. Risk of loss prior to Sellers' delivery of possession of the real estate shall remain with Seller. 8. Seller shall, at its expense, promptly obtain an abstract of title continued to within 30 days of the date of closing and deliver said updated abstract of title to the Buyers for examination. The Seller must evidence marketable title pursuant to Iowa Law and the Title Standards of the Iowa State Bar Association. If, at the time of closing there remain unresolved title objections, which can reasonably be expected to be able to be satisfactorily cured, the parties agree to escrow from the sale proceeds sufficient money to protect the Buyers' interest until said objections are corrected. Upon payment in full of the purchase price, the abstract shall become the property of the Buyers. Seller shall pay the costs of any additional abstracting required to evidence Seller's marketable title. 9. Upon payment of the purchase price, Sellers shall convey the real estate to Buyers or their assignees by warranty deed, free and clear of all liens and restrictions and encumbrances. 10. Time is of the essence of this contract. 11. Remedies of the parties: a. If Buyers fail to timely perform this contract, Seller may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Sellers' option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Sellers may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. b. If Seller fails to timely perform this contract, Buyers have the right to have all payments made returned to them. c. Buyers and Seller also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 12. This offer shall expire on October 11, 2006, if all of the three events described in paragraph 4, have not taken place by that date. 13. Buyers acknowledge that the sale is subject to the restrictions and limitations described in the Memorandum dated March 23, 2006, a copy of which is attached. upon: 14. Buyers' obligation to perform under this agreement is expressly contingent . Partial release, as to the conveyed parcel, by the City of Iowa City of the sewer easement affecting the larger parcel from which the subject parcel was divided; . Description by the Seller off and conveyance to the Buyers of an access easement for vehicular and pedestrian access over and across Auditor's Parcel 2005175i . The ability of the Buyers to construct a roadway, acceptable to the FAA and the Seller, across the easement area, to provide practical access to the subject parcel for Buyers commercial purposes; . The ability of the Buyers to construct signage acceptable to the FAA and consistent with the Iowa City Sign Ordinance, that is reasonably visible from Highway li . The ability of the Buyers to obtain a building permit to construct a commercial building permitted by the Zoning Ordinance, for Buyers' commercial purposes; . The ability of the Buyers to install and operate display and parking area lighting under the regulations of the Seller and the FAA. In the event of the failure to occur of any of the conditions, Buyers maYt at their option, deem their obligation hereunder void. Dated this 11th day 9f April, 2006 i Buyers: WESTS IDE <::::::., ,.. LLC an Iowa limited liability company By: ..-._.---~_.~..__.._..._,._..- ..-------.-'.-.----......---____..._.___.,__._.__... __.._.._.....__n_ MEMORANDUM TO: FROM: RE: DATE: Prospective Purchasers and Lessors of Parcel on Highway I Iowa City Airport Commission FAA requirements and Other Information March 23, 2006 Below is additional information regarding the sale and lease of the parcel on Highway 1. 1. The Commission intends to discuss the offers at its meeting on April 13, 2006 beginning at 6:00 p.m. at the airport terminal. 2. The Commission has the authority to lease, but not to sell, the parcel. Acceptance of an offer to purchase is contingent on City Council approval. If the Commission decides that it wants to proceed with a sale, it will forward its recommendation to the City Council. The Commission arid the City are under no obligation to accept any offer. 3. Attached is a copy of the Plat of Survey. The parcel is 1.34 acres, but the .39 acres within the runway protection zone (RPZ) (auditor's parcel no. 2005175) will not be leased or sold. 4. A copy of the appraisal is available for review at the Iowa City Airport Terminal at the office of the Iowa City Airport Specialist, Mike Tharp, whose telephone number is 356- 5045. 5. The parcel cannot be sold without the permission of the Federal Aviation Administration ("FAA"). The process is referred to as a "release," and the FAA typically releases the property on the following conditions: . Reserve for use and benefit of the public a right of flight for the passage of aircraft in the . airspace above the surface of the property to be released and a right to cauSe noise inherent to the operation of any aircraft used for navigation of flight.in the vicinity of the Iowa City Municipal Airport. . Prevent any use of the subject property which would interfere with the landing or taking off of aircraft at the Iowa City Municipal Airport. . Restrict the height of structures, objects of natural growth, and any other obstructions on the property to a height as determined by an FAA airspace review under Federal Aviation Regulation (FAR) Part 77. -_--..-.,--~._._---_._--"--~-_..._-,_._._-_.-._"_.__.._,---------- . ._-_."-~-_.._- ._----_._"'.._-,..._--~----_.__._----------- 6. Additional FAA and City restrictions on the use of the land due to its proximity to the airport include, but are not limited to: . The maximum elevation (NGVD 88) that an object located along the south end of the property is 747 and the maximum elevation that an object located along the north end of the property is 774 (NGVD 88). . Prior to any development of the parcel, the developer shall submit an Airspace Review Form 7460-1 to FAA. Once the FAA as completed an aeronautical study, a determination is made regarding the impact to air navigation. One of three responses is typically issued: · No Objection - The subject construction did not exceed obstruction standards and markingllighting is not required. · Conditional Determination - The proposed construction/alteration would be acceptable contingent upon implementing mitigating measures (Marking & Lighting, etc.) · Objectionable - The proposed construction/alteration is determined to be a hazard and is thus objectionable. The reasons for this determination are outlined to the proponent. Please note that if at any time during the aeronautical study, the proposed alteration is determined to be a hazard, the study is halted with no further consideration and an objectionable determination is issued. 7. There is an access road on the parcel providing access to the neighboring properties to the east and west. Request to move the road will need to be made to the FAA. It is the Commission's understanding that the FAA will not be very receptive to moving the access roan unless it is outside of the Runway Protection Zone. 8.The parcel is zoned CI-I for commercial intensive, and attached is an excerpt of the City's zoning map. Copy to: Mike Tharp and Sue Dulek ,r ) ~ ~ yY\ J 1-1-- -" :r ,l .." ~;~~ ~~ I \)#~y>r. -1= I~ . '~w 1IIIt.. 6 .... Po,' I< !-/X f- f- ~ W Oi- ". ..c.., (ZI I ';:}:{; Jl, f- . I \T::J; r OSA/RM20 ~ . '~I L{ II~ T1f-" '" Iii i'-r ., 1/ ~___ if- P t,~f- I IILI l"" f- JA'r' 'f ~ Lm--~ ="-- 11111 r: ;::=i=r-------~~~ '. )' j / I 1 '-~ =2 I- / I I I I I I/Jj f-- 1 f-~ V ~ 6 Cf1 'I~' I II 11/,.-1 r- I !"W.,L'-1J r -,'-- ." \ " I 1IIIIIIIW.. ..[ f- " "'~I--f '" ,~I~I A>f>-,II~III'~1 .. Jlir/ CC2 JI-- - J "h..l1 " . V ~ I'-v I, :n V ' '.~ r- r- P. '~l;C- V~~ '1' I K!wan!s '<( rn~ '1 :l114 2 ~ :\ " . IIi; Po,k . .. , " , 1.'~Rn12/ '-~ .&1 ~~~ . ~wg~ I~ ":- ~ L,,",~\..--.L.. r-- f-c- ~C <1>':;;: ___ W ~~ ~/V.....-- . 'j. j/I ~ ,... I / CI1 ~ l I r .' . \'\ . CHi ~. ~ ;..' ~' ~.:. . ~...' ..-.~\ E-- .' "\121811\,, ."::::: ' " '\"""""'-/ ~, .' ';:1):'>,;1 ~ IOSA/CI1 \. . .'. .. I 2:oning Map -' ~' 2' ,. '~r;- 'it ) i jI=l1.,- ~ --r '. @ CI1 -. '~1 I p~ ~~I I " CI1 .~ - ~ I i I I '/ . -- ::J --'- - -,-. . .; . y " " .e;; , " 'y :; I. ,. " ....~ . . . ..'. .~.._----~_.._-------~-_._-,-- - ~ -:1M MIL,;; =SS" i -~:~ ~LO ....... ~O) _~8!.~,..., _...glLt;... (!l _C1......"1L _88~~S 1!1118g5~~ _..is.. =Qlii!i~O _..."l.;:..... Ilid:-5Ii~ -ga:......;;;!/Q It;;e.~t~'blt 'to'l1ll'vllor'OO"illUM 'lUUUlS 'UllllLS~frlli 'H:l31Hll/'illll 'lI"lO"'~"'"l3\fH:llli'~BlIlI""d311d " "- '" I- '" W '" I- "-",,, 0'" 0 1-- ~LL. ",0 ~ <oW I- 2 w"'" ,: ~ ",f- a Z'" I- 0 "'" ;:; ~N UJcrz < ~~ . ~x5: ~ ~Bre 0 <- gt.lcz: I-Z ~ N~W Ztr'" 2!1 o !l! -00. ,:/:: :l;:t'~ Z'" Ille;~ >- 1-- w",,,- -~ I-~ ~ -WZ 5:1'-0 .; ~;:a :Ja.>- ~~ 8 W " ...,;>o-~ "'_f- -0 lI...:r:3 W .~~ !Ii;; ~~!I 0"'0 w ~u /::5 ~a~ 1-0 -w ~:ii~ ~z 51-; ..~ ~~t: a. . f-. zw 0 o- w> ~ ",U s~ < z;;i ~a f-- u"- !!I 0 l5~ vU "- ~ f- "' "'" W '" f- a: 0 Z N ~ 0 ! >. Iii "- ii~. J: ~ h ~h I Ii; "'.i I .~~. 0 ,. . I- 0 I ,..~ " ~ .g .. ~ . I . u .~. ~ ~ . o. . ~ j~ ~n' " N l- .. ~~ i ~ N W W ~~ .. i~": g . ;; ~ ;r~3'i1!l ~! w ~ ~ .; 0 0 w ~ , . ~ < S,'" ~ ~ ~ i~ ~ ~ '0 s 0 ~ 7' '"~ ",;:!i ~~a l!il!l.J ~S~b ~~~~ W,;;.=l:l J .. ~,.- ~i~' .~~. .. .;l' 9j~ ~ ~30 H ~"; ~~ ~I~~ I ~g ~j;; :II ~ ~ ~1~ da~ ~i.~' JH\ ':# ~S~f "-\i...............llm.m~...;;l..................... ., I'<..:::"..:~:s-:-...~rj-b~ ~,r~!i-.;-.._...>., :;:" :;:::\''- !ilia, ',"! j i . ,t , (" '" CI.;i j,j: I I! "'" :. i I., : Ii ' : . /i ' j ~ A-:'~' I .:~ i G~ ~ I ~/: i \,~ ,f: /ii.','\:'!If i i; : ~,~. : , . ....... / .. "" .!... : 1 ... Ir ~ ", \, , It i.' ! \: Iii I i Su i \1 t ~a: I\,: :~il : 1---\-.. -- J:Jr'" l' ---"-'l- I I . . . Ilrll r :i II II . i: . "fl II I I ,_ B fJ \ IS: \ ~k i...::; i\ \ i ai.! L~!, ~ ii ,.: ~~ m , \ i~'..~ If...,....iq:IHi!!:.q:iW! Ii \. i "';, !l Ii !:i~!l;!! ~.'I!!l. ! is ~Ii \: 1&1 ! !l il ~ '_, ; I, 1;1' '~ h .... , ~ ~r----~----~=- ~ --~--~----_..,-_._-~-- ~ - jJ . > , , I I! ! '1 ,. ; g; I " ; ii , , i n '" . ill 0 0 0 ~ 0 0 ?- m w w ~ 0 ~ 0 ~ w ~ < 8 ~ ~ ~ " _.._-_._------_._-"_._-,--~- --~~---- t' " "'Ji ~ Prepared by: Terry Trueblood, Parks & Recreation Dir., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 06-188 RESOLUTION ESTABLISHING DAILY FEES FOR THE THORNBERRY OFF-LEASH DOG PARK. WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution"; and WHEREAS, Johnson County DogPAC has recommended that a $5 daily fee be established for at least the first year of operation of the dog park; and WHEREAS, the Parks and Recreation Commission has discussed this proposal and voted to support it; and WHEREAS, it is in the pUblic interest to establish such a fee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the proposed fees as noted herein, as approved by the Parks and Recreation Commission on May 10, 2006, be adopted for FY06 and FY07. Passed and approved this ] 1th day of June , 20~. ~ ( ) ^~ YOR AP~rv~~ /~4 ATTEST:~K. ~ ~ c4vllP(, CITY RK City ttorney's Office It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Bailey the Resolution be AYES: NAYS: ABSENT: x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x X X wpdatalparks&reclresldog park fee.doc N\+8 ~ ~ Prepared by: Terry Trueblood, P&R Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 06-189 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DOGPAC FOR JOINT MAINTENANCE OF AND SHARING REVENUES GENERATED FROM THE THORNBERRY OFF-LEASH DOG PARK. WHEREAS, the City and Johnson County DogPAC, a private non-profit corporation which advocates for the development of dog parks and other dog activities in and around Iowa City, wish to cooperatively maintain the Thornberry Off-Leash Dog Park; and WHEREAS, Johnson County DogPAC has requested to receive 90% of the revenues generated from dog park fees which will be used to directly benefit the Thornberry Off-Leash Dog Park or development of other dog parks in the city, as agreed upon by the City; and WHEREAS, the Parks and Recreation Commission has voted to support this revenue sharing proposal effective until December 31, 2007; and WHEREAS, DogPAC has raised funds in excess of $200,000 to construct the dog park on City- owned parkland; and WHEREAS, the City Council finds it is in the public interest to enter into the attached agreement for the maintenance of and sharing revenue generated from the dog park, in a form approved by the City Attorney's Office and the Director of Parks and Recreation. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The Mayor and City Clerk are hereby authorized and directed to execute the attached Agreement approved by the City Attorney's Office and the Director of Parks and Recreation, pursuant to which DogPAC agrees to assist with maintenance of the dog park, and the City will allow 90% of the revenue generated from dog park fees to go to DogPAC until December 31, 2007. Passed and approved this 13th d'YO~(~ ^~ OR Appr ved by ATTEST: ~~/-_"") k. ~..uJ CI LERK &./..,(& ~ Wpdata\p&r\res\dogpark contract.doc --~"_._--~-----,.".._---------- Resolution No. Page nh_l R9 06-1R9 It was moved by II" 11 "y and seconded by adopted, and upon roll call there were: AYES: x x x X X 1< X NAYS: r.orrp..ia the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY DOGPAC FOR JOINT MAINTENANCE OF AND SHARING REVENUES GENERATED FROM THE THORNBERRY OFF-LEASH DOG PARK WHEREAS, Johnson County DogPAC, Inc. (hereinafter referred to as "DogPAC") is a non-profit corporation which advocates for the development of dog parks and other dog activities in and around Iowa City, and WHEREAS, the City of Iowa City (hereinafter referred to as "City") is the owner of Peninsula Park where the new Thornberry Off-Leash Dog Park is being developed, and WHEREAS, DogPAC has raised in excess of $200,000 in donations to develop said off-leash dog park, and WHEREAS, DogP AC and the City desire to set forth in writing their agreement regarding the maintenance of said dog park, the sharing of revenues collected from fees for use of the park, and the parties' respective rights and obligations with respect to said dog park, NOW, THEREFORE IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Intent: The intent of this agreement is for the City and DogPAC to cooperatively provide a dog park within Peninsula Park for use by the general public. Further, the intent is to cooperatively maintain the facility for maximum benefit of both entities. 2. Use: The dog park will be available for use by the general public, and will be open during regular park hours as established by City Code. DogPAC shall have priority rights for scheduling special events and activities in the dog park. Said events and activities shall be approved in advance by the City. 3. Maintenance: Except as provided in this agreement, the City shall assume full responsibility and shall assume all costs for maintenance and repair of the dog park and associated facilities, including routine mowing, snow removal and hauling away litter. DogPAC shall be responsible for maintaining any specialized equipment owned by them and placed on the premises with City approval, for policing the area on a routine basis to pick up dog feces and other litter, and for placing same in receptacles provided by the City. DogPAC may also, from time to time, organize volunteer activities to assist with maintenance and development of the dog park. 11. Term & Termination of Aereement: This agreement is for a term of three (3) years beginning the date is executed by both parties, and may be renewed by mutual written consent of the parties for an unlimited number of renewal terms of three (3) years each. Either the City or DogP AC may terminate this agreement for good cause. Such termination must be in writing with at least ninety (90) days notice. Termination may also occur upon mutual written agreement of both parties so long as neither party is in default of any of the provisions of this agreement. DATED this ] 1th day of .Tune ,2006. CITY OF IOWA CITY JOHNSON COUNTY DOGP AC nYC?~(~~nY &<_-L~,Ic(j/ YOR _ j /,u1.t- ;A t<tJcJk ATTEST: ~~ }!. ~A.A-./ .- CITY LERK I? ~REEMENT BETWEEN THE CITY OF IOWA CITY AND JO SON COUNTY DOGPAC FOR JOINT MAINTEN.A~CE OF A D SHARING REVENUES GENERATED FROM;fHE \ THORNBERRY OFF-LEASH DOG PA . , , WHERE\S, Johnson County DogPAC, Inc. (here' after referred to as "DogP Ac"Ns a non-profit corporation which advocat for the development of dog parks an~ther dog activities in and around Iowa ity, and , , WHEREAS, the' ity of Iowa City (hereinafter re rred to as "City") is the owner of Peninsula Par where the new Thornbe Off-Leash Dog Park is being developed, and WHEREAS, DogP AC as raised in exce of $200,000 in donations to develop said off-leash dog park, a d sire to set forth in writing their agreement regarding the maintenance 0 said og park, the sharing of revenues collected from fees for use of the park, the parties' respective rights and obligations with respect to said dog park, BY THE PARTIES AS FOLLOWS: 1. Intent: The intent f this agree ent is for the City and DogP AC to cooperatively provid a dog park with Peninsula Park for use by the general public. Further, e intent is to co eratively maintain the facility for maximum benefit both entities. 2. Use: The dog p k will be available for use y the general public, and will be open during re lar park hours as establishe by City Code. DogP AC shall have priority 19hts for scheduling special e nts and activities in the dog park. Said ev nts and activities shall be approve in advance by the City. 3. Maintenan e: Except as provided in this agreem t, the City shall assume full respo ibility and shall assume all costs for main nance and repair of the dog park d associated facilities, including routine owing, snow removal and haul' g away litter. DogP AC shall be responsible for maintaining any speciali d equipment owned by them and placed on the premises with City approv ,for policing the area on a routine basis to pick up dog feces and other I tter, and for placing same in receptacles provided by the City. DogP may also, from time to time, organize volunteer activities to assist with m intenance and development of the dog park. 4. Utility costs: All utility costs in connection with said dog park shall be paid by the City. 5. Codes and Rules: DogPAC agrees to follow and observ all local and state codes, rules and regulations and obtain all necessary ermits as may be required i conjunction with its activities. time to time, DogP AC dog park, with proceeds tivities shall be scheduled 6. Fund raisin . It is understood and agreed that, fro may conduct a ropriate fund raising activities at to benefit Dog C and/or the dog park. Said through the City. 7. Fees: DogPAC, as organization, shall n t be required to pay any fees to the City in connectio with the rights gr ted to DogPAC herein. Fees for individual use of the d park will be e ablished by joint effort of the City and DogPAC and s II be appr ed by the City Council upon recommendation of the P ks and Re eation Commission, as provided in the City Code. 8. Sharin and Use of Fees C II ted: Fees for use of the dog park shall be collected and provided to th City and deposited with the City Finance Department. On a quarterly a is, the City shall issue a check to DogP AC in an amount equal to 90% f t fees collected and provided to the City. Issuance of a quarterly c ck to ogP AC in an amount equal to 90% of the fees collected and provi ed to th City will be effective until December 31, 2007, at which time tho sharing of ees will be reviewed and possibly revised at the discretion of ~e City. Mo ey issued to DogPAC pursuant to this paragraph shall be ~ed by DogPA to directly benefit the Thornberry Off- Leash Dog Park afd activities held said park, or for the development of other dog parks in'lowa City, as agreed pon by the City. / I 9. Liability InsumlDce: DogPAC agrees to 'ndemnifY, defend and hold the City harmless in cdnnection with any liability whatsoever arising in regard to its fundraising ~d other events in the dog p k. DogP AC may be required to provide and/pay for liability insurance with spect to its use of said dog park in an amount established by the City, and, i equired, shall provide proof of said liabil~y insurance to the City. The City s II provide hazard insurance at its expenfe with respect to fixed assets located a the dog park. , I 10. Amendments: The terms of this agreement may mutual/written agreement between the City and Do AC, provided however that ~ provisions for the sharing of fees contained in paragraph 8 above may lie amended at the discretion of the City as ovided for in said , paragraph 8. \ i II. Term & Termination of Al!reement: This agreement is for a term of three (3) years beginning the date is executed by both ~ies, and may be renewed by mutual en consent of the parties for an nlimited number of renewal terms ofthre (3) years each. Either the City r DogPAC may terminate this agreement for ood cause. Such terminatio must be in writing with at least ninety (90) da s notice. Termination ma also occur upon mutual written agreement of b parties so long as nei er party is in default of any of the provisions of this greement. / / / / I I I / ( I , / I I I ! i I ! / I l ,2006. DATED this CITY OF IOWA CITY JOHNSON COUNTY DOGPAC By: By: rv't-l-?J ~ Prepared by Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 0';-1 QO RESOLUTION RESCINDING RESOLUTION NO. 94-292. WHEREAS, in Resolution No. 94-292, City Council approved an application fee of $20.00 to offset the costs to administer the cigarette permittee employee education provision of section 8-6-18 of the City Code; WHEREAS, section 8-6-18 of the City Code has been repealed; and WHEREAS, it is in the public interest to rescind Resolution No. 94-292. NOW, THEREFORE, 8E IT RESOLVED 8Y THE CITY COUNCIL OF IOWA CITY, IOWA THAT: Resolution No. 94-292 is rescinded in its entirety. Passed and approved this 13th day of '( kC ) jlQ",^ MAYOR - ATTEST: ~~ K. ~~ CITY CLERK Ar;;;;DM- City Attorney's Office /'-7-D.,b Resolution No. Page ? Oh-1QO It was moved by Chamuion and seconded by adopted, and upon roll call there were: AYES: x x x X X X X Vanderhoef the Resolution be NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn /'v.' 1+0-, v CTrl Prepared by Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 06-191 RESOLUTION RESCINDING RESOLUTION NO. 94-255 AND ESTABLISHING A FEE SCHEDULE FOR DANCING PERMITS. WHEREAS, in Resolution No. 94-255, City Council approved an application fee of $25.00 for outdoor service areas and a fee for dancing permits; WHEREAS, in light of the Supreme Court's recent decision in Iowa Grocerv Industrv Association v. Citv of Des Moines, invalidating a city's administrative inspection fee imposed on liquor license applicants, the City Attorney advises the City to repeal the $25.00 administrative fee charged to applicants of outdoor service areas; WHEREAS, it is in the public interest to rescind Resolution No. 94-255; and WHEREAS, it is in the public interest to establish dancing permit fees in the same amount as contained in Resolution No. 94-255. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. Resolution No. 94-255 is rescinded in its entirety. 2. Fees for dancing permits are hereby established as follows: Under 150 square feet Over 150 to 200 square feet Over 200 to 400 square feet Over 400 to 600 square feet Over 600 to 800 square feet Over 800 square feet Temporary Five or Fourteen Day Permits $ $ $ $ $ $ $ 90.00 115.00 210.00 300.00 400.00 1,000.00 200.00 Passed and approved this 13th day of June , 2006. C)~(.f~ MAYOR '-" ATTEST: /)~~ ~. ~ CITY ERK A~~());c City Attorney's Office & /) ~!lj, Resolution No. Page 2 06-191 It was moved by Chamoion and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x x x x --".---~-----~--~-------'------_.. ...~-----,_.__._.~~--_.._._-'-----"_..-"._----,._.._'-.-.--'-"--" M-1'll -:\\.:( J Prepared by: Eric R. Goers, Ass!. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356.5030 RESOLUTION NO. 06-192 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT FOR THE LEASE OF APPROXIMATELY 760 SQUARE FEET OF COMMERCIAL SPACE LOCATED WITHIN THE COURT STREET TRANSPORTATION CENTER. WHEREAS, the Court Street Transportation Center contains commercial space being marketed for lease for commercial use; and WHEREAS, the Parking and Transit Director has negotiated a lease agreement for the lease of approximately 760 square feet of said commercial space to Hieronymi Partnership, L.L.P. for a term of two (2) years with a one (1) year renewable option; and WHEREAS, it is in the public interest to enter into said lease for the commercial space as provided therein, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: I. The lease and lease agreement attached hereto and made a part hereof is approved as to form and content. 2 The Mayor and the CitY Clerk be, and they are hereby authorized and directed to respectively execute and attest the lease agreement attached hereto in triplicate. 3 The City Manager is hereby authorized to execute any subsequent renewal options, as provided in the attached Lease. Passed and approved this 13thdayof TJ:u~ MAYOR ATTEST:lb~ ~ ~J CITY-CLERK ~pp ved by: (; / / /A-for; City Attorney's Office LegalfEriclParking and TransitIH Partners/Lease Resolution Resolution No. Page 1 01;-191 It was moved by Bail ey aod seconded by adopted, and upon roll call there were: AYES: x x x x x x x NAYS: Ell iott the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ----------,._~--_..,'_.._,-------_..~- LEASE BETWEEN THE CITY OF IOWA CITY AND HIERONYMI PARTNERSHIP. L.L.P. This Lease Agreement ("Lease") is made by and between the City of Iowa City ("City" or "Landlord") and Hieronymi Partnership, L.L.P. ("Tenant") in Iowa City, Iowa. RECITALS A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as the Court Street Transportation Center, and has the authority to lease said premises. B. Hieronymi Partnership, L.L.P. intends to use the space as an office for general management of property holdings. C. The parties desire to enter into a lease for space in the Court Street Transportation Center, located at 152 E. Court Street, Iowa City, IA. In consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree as follows: AGREEMENT 1. DATE. This Lease is made to be effective as of June 14th, 2006. 2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases and takes from Landlord for the Term the real property comprising approximately 760 square feet of floor space located in the Court Street Transportation Center, 152 E. Court Street, Iowa City, Iowa, on the ground level of the Court Street Transportation Center more particularly described in the site plan on Exhibit "A" (the "Premises") attached hereto and incorporated herein, together with the continuous and uninterrupted right of access to and from the Premises. 3. TERM. The term of this Lease ("Term") shall be from June 14th, 2006 through June 30th, 2008, unless sooner terminated pursuant to any provision hereof. Option to Renew. With the exception of Section 5 entitled "rent," Tenant shall have the option to renew this Lease upon the same terms and conditions contained herein for one (1) successive one (1) year term following the initial term. Tenant shall be required to give notice to Landlord, in writing, not less than one hundred-twenty (120) days prior to the expiration of the preceding term of Tenant's intent to exercise an option for the renewal term. Rent for the option term shall be $798 per month. 4. FIT-OUT. Landlord will reimburse Tenant for Tenant's actual, documented expenditures for fit-out expenses, not to exceed $18,240.00. As part of these fit-out expenses Tenant shall construct at least one bathroom with a toilet and sink. All fit-out, whether reimbursed or not, is subject to prior landlord approval. 5. RENT. Tenant shall pay a deposit for damage or default in the amount of one month's base rent upon the execution of this lease. Said deposit may not be offered by Tenant in lieu of regular monthly rent payments. Tenant shall have possession of the premises June 14th, 2006, and will pay $430.67 for the period of June 14th - June 30, 2006. Tenant shall thereafter pay to Landlord $760 per month as rent for the use of the Premises, payable in advance on or before the first day of each calendar month of the initial term. Rent for the option term, if exercised, shall be $798 per month. Rent shall be payable to the Court Street Transportation Center, at the Iowa City Parking Office at 335 E. Iowa Ave., Iowa City, IA 52240, or at such other address as landlord may designate by written notice as provided herein. 6. UTILITIES AND JANITORIAL. Tenant shall pay for all utilities, including, but not limited to, water, sewer, gas, and electricity. Tenant shall pay for all janitorial services and regular cleaning service to the Premises, as well as garbage removal. landlord will be responsible for any common area maintenance, including, but not limited to, exterior window cleaning (twice a year), and sidewalk cleaning. Tenant may wish to enhance the upkeep of the sidewalk and exterior windows as needed outside of this set maintenance schedule.. 7. holdings. landlord. USE OF PREMISES. Tenant shall use the Premises for an office to manage property The Premises may not be used for any other purpose without written approval of 8. PARKING. The Premises includes no provision for parking. Tenant must secure its own parking. 9. QUIET ENJOYMENT. landlord covenants and agrees that so long as Tenant observes and performs all of the agreements and covenants required of it hereunder, Tenant shall peaceable and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by landlord. If Tenant's use of the Premises is limited or denied through rezoning, environmental impact edict, or other action of any public or quasi- public agency or governmental authority, this lease, at the sole option of Tenant, shall terminate as of the effective date of such action and the rent applying to the unexpired portion of the Term will abate. 10. REPRESENTATIONS. WARRANTIES AND COVENANTS OF TITLE. Landlord. hereby represents, warrants and covenants to Tenant that as of the Commencement Date: (a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the estate demised herein and to execute and perform all of the terms, provisions, covenants and agreements provided in this Lease; (b) to the best of its knowledge, the Premises complies with all applicable zoning requirements, ordinances, regulations, and all applicable laws, affecting the Premises or required in Tenant's use of the Premises or common areas appurtenant to the Premises, including the Americans with Disabilities Act (or other laws affecting handicapped access) and any environmental impact or traffic studies or requirements; and (c) the Premises does not contain any asbestos or Hazardous Materials (as defined in Section 28 herein) and Landlord is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Premises including, but not limited to, soil and ground water condition, and that no previous occupant of the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises any Hazardous Materials, as determined by a Court of competent jurisdiction. 11. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease all or a part of the Premises for any purpose, without the prior written consent of Landlord. If Tenant subleases all or a part of the Premises with landlord's written consent, Tenant agrees to remain primarily liable for the payment of rent for the remaining term of this lease. 12. ALTERATIONS. IMPROVEMENTS AND ADDITIONS. Tenant, without landlord's consent, may make any alterations, improvements, or additions in, on or about the Premises, which Tenant may deem necessary or desirable, except for structural repairs and maintenance, 2 . --,---"~~~----,,~--,--~---'-"'-"'-' which are the sole obligation of Landlord, provided such alteration, improvement, or addition costs not more than one thousand dollars ($1,000.00). For any improvements exceeding one thousand dollars ($1,000.00), in seeking Landlord's approval, Tenant shall submit a written description of the proposed work along with plans and drawings respecting the same to Landlord for Landlord's approval, which approval shall not be unreasonably delayed or withheld. Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on or about the Premises if the removal may be done without structural damage to the Premises. Tenant's personal property and its trade fixtures, including all machinery, equipment and furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thirty (30) days after the end of the Term shall automatically become the property of Landlord. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Premises (structural or non-structural) that may be required on account of any existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the nature of Tenant's business. In no event shall Tenant make any changes, modifications, alternations, or additional to the exterior of the Premises without Landlords' specific written approval, notwithstanding any provision contained herein to the contrary. 13. REPAIRS AND MAINTENANCE. Tenant shall make ordinary interior repairs in the Premises, including for plumbing and electrical fixtures, and be responsible for maintenance of all floor coverings, as well as be responsible for protecting against insect and pest infestation. Landlord shall maintain and promptly make all exterior repairs and common area maintenance, all repairs, replacements or retro-fitting of a permanent character (including, but not limited to, components in the air conditioning, boiler and heating systems, HVAC system, sprinkler system, gas lines, and hot water systems, including heaters), and all floors (excluding floor coverings), wall, roof (including water tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems, strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant shall promptly notify Landlord of any known defect, damage, decay or dangerous condition associated with the Building System. As used herein, 'Building Systems' means the building utility elements essential for Tenant's use and occupancy of the Premises including, but not limited to, such systems as are not readily accessible to Tenant, such as underground water, sewer, electric and other utility lines and all elevator services and maintenance services related to the Premises. Tenant shall surrender the Premises in as good order, repair and condition, or better, as the same were in the commencement of the Term, damage by fire and items covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by Tenant and Landlord's failure to repair excepted. 14. SIGNAGE. Tenant may, at Tenant's expense, install signage, consistent with City Code requirements, and subject to the approval of Landlord. Tenant is responsible for care, maintenance, and replacement of any and all signs. 15. TAXES. Tenant, during all terms, shall be responsible for all general ad valorem real estate taxes and assessments which may be imposed upon the Premises. Tenant shall further pay all taxes assessed against and levied upon Tenant's trade fixtures, and all other personal property of Tenant contained in the Premises. As used herein, the term 'real estate tax'" includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy, penalty, or tax imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof or any public or quasi-public agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises, upon 3 ---_._--_._--_._-_._-_."-_._".~'-_._---'- -------.-----.---.... Landlord's right to rent or business of leasing the Premises, or upon Tenant's use or occupancy of the Premises. Tenant shall pay, as additional rent, on the 1st day of each month during the term of this lease an amount calculated by Landlord to provide for payment installments of real estate taxes and special assessments, as those payments accrue. The monthly payment shall be adjusted from time to time as the costs of real estate taxes are known so that the amount held by landlord will be sufficient to pay those obligations infull and in a timely manner. Any deficiency in the amount necessary to timely pay the obligations provided for shall be promptly reimbursed by Tenant upon notice. At the end of the lease period a reconciliation will take place to refund any excess funds collected by Landlord to Tenant, or for Tenant to pay Landlord whatever additional sums are needed to account for all taxes accrued during Tenant's tenancy. Tenant and Landlord agree to promptly provide the other with copies of statements for taxes so that payment can be made in a timely manner and each can document the amount of the payments due and made. 16. INSURANCE. Tenant covenants and agrees that it will at its own expense procure and maintain general insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Tvpe of Coveraae a. Comprehensive General Liability Each Occurrence Aaareaate (1) Bodily Injury & Property Damage $1,000,000 $1,000,000 $2,000,000 $1,000,000 b. Excess Liability c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. 17. INDEMNITY. Landlord hereby disclaims, and Tenant hereby releases the Landlord from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the property of Tenant that may be located or stored in the Premises, unless such loss, damage or injury is caused by the Landlord's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Premises under this Lease. 18. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part by fire or other casualty, Landlord shall repair and restore the Premises to a good tenantable condition. All rent shall wholly abate in case the entire Premises is untenantable, or shall abate pro rata for the portion rendered untenantable in case a part only is untenantable, until the Premises is restored to a tenantable condition. Landlord shall commence and complete all work required to be done under this Section with reasonable promptness and diligence. In 4 the event Landlord repairs or restores the Premises, the rent due under this Lease shall be abated or reduced proportionately during any period which, by reason of such damage or destruction, there is any interference with the operation of the business of Tenant. If Landlord does not commence the repair or restoration within fifteen (15) days after the damage or destruction occurs, or if repair or restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice of Tenant's election to do so at any time prior to the commencement of the repair or restoration. In that event, this Lease shall terminate as of the date of such damage or destruction, without further liability other than accrued but unpaid rent, utilities and or applicable taxes. 19. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this Lease, at Tenant's sole discretion, shall automatically terminate, without further liability other than accrued but unpaid rent, utilities and or applicable taxes, as of the date the condemning authority takes title or possession, whichever occurs first. If any other taking (of the Premises or otherwise) adversely and substantially affects Tenant's use, access, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate this Lease as of the date the condemning authority takes possession, without further liability other than accrued but unpaid rent, utilities and or applicable taxes. Tenant's election to terminate shall be made in writing within thirty (30) days after Landlord has given Tenant written notice of the taking (or in the absence of such notice, within fifteen (15) days after the condemning authority has taken possession). If Tenant does not terminate this Lease in accordance with this Section, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that rent shall be reduced in the proportion that the area taken diminishes the value and use of the Premises to Tenant. In addition, Landlord, at its expense, shall promptly repair any damage to the Premises caused by condemnation and restore the remainder of the Premises to the reasonable satisfaction of Tenant. Any award or payment made upon condemnation of all or any part of the Premises shall be the property of Landlord, whether such award or payment is made as compensation for the taking of the fee or as severance damages; provided Tenant shall be entitled to the portion of any such award or payment for loss of or damage to Tenant's trade fixtures, removable personal property, and additions, alterations and improvements made to the Premises by Tenant, and for its loss of business or the leasehold herein created or any other consequential or special damages, such as Tenant's relocation and moving expenses. 20. DEFAULTS. The following shall constitute "Events of Default": (a) Monetarv. Tenant shall fail to pay rent at the time required or any other monetary obligation or payment required under this Lease when due, and such failure shall continue for a period often (10) days following written notice from Landlord to Tenant; or (b) Non-performance. Tenant shall fail to observe or perform any of the other covenants, terms or conditions contained in the Lease, or a warranty made by Tenant shall fail to be accurate and complete, and such failure shall continue and not be cured for a period of thirty (30) days after written notice by Landlord to Tenant, provided that if the default is not reasonably susceptible of being cured within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such cure or fails thereafter to diligently pursue such efforts to completion; or (c) Bankruptcv: Receivership. If (i) Tenant files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability 5 to pay its debts generally as they become due, or if a petition or answer proposing the adjudication of Tenant as a bankrupt or a reorganization of Tenant under any present or future federal or state bankruptcy law or any similar federal or state law is filed in any court and such petition or answer is not discharged or denied within thirty (30) days after the filing thereof; or (ii) A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or of the Leased Premises or any portion thereof is appointed in any proceeding brought by or against Tenant and is not discharged within thirty (30) days after such appointment or if Tenant consents to or acquiesces in such appointment. 21. REMEDIES. Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the continuance of such Event of Default, Landlord may take any of the following actions and shall have the following rights against Tenant: (a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this Lease and all rights of Tenant hereunder. shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section (c) below. (b) Eviction. Landlord shall have the immediate right upon termination of this Lease to bring an action for forcible entry and detainer. (c) Tenant to Remain Liable. No termination of this Lease pursuant to the provisions of this Lease, by operation of lawor otherwise, and no repossession of the Premises or any part thereof pursuant to this Lease or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession or reletting. (d) Damaaes. In the event of any termination of this Lease or eviction from or repossession of the Premises or any part thereof by reason of the occurrence of an Event of Default: (i) Rent and Charaes. Tenant shall pay to Landlord the rent and other sums and charges required to be paid by Tenant for the period to and including the end of the applicable Term or expiration of an exercised option period as provided for by Section 3 above, whichever is later. (ii) Leased Premises. Landlord shall be entitled to offset any amount owing by Tenant under the preceding section, (d)(i), against any "value added damages" Landlord may be liable for pursuant to this Lease. (e) Riahts Cumulative. Non-Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy allowed to Landlord at law or in equity. (f) Landlord's Riaht to Cure. If after written notice, Tenant fails to pay any utilities charges described in Section 6, insurance premiums described in Section 16, real estate taxes described in Section 15, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation, to make all such 6 . -,---~---,.."--~---------~-'--~._~--~-.._._. payments, and in addition to its other remedies under this Lease, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the "Default Rate"). (g) Late CharQe, Default Rate, If Landlord does not receive payment of any installment of rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord may impose a late charge equal to five percent (5%) of the amount of such delinquent sum and if such sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Non-Waiver. The failure of Landlord to insist upon strict performance of any of the covenants or conditions of the Lease, or to exercise any options herein conferred in anyone or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of any rent or any other sum payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall not be deemed a waiver of such breach. 22. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or termination of this Lease, and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises as a tenant from month-to-month, subject to all of the conditions, provisions and obligations of this Lease insofar as they are applicable to a month-to- month tenancy. 23. ACCESS BY LANDLORD. (a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at least twenty-four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Premises for the purposes of inspecting the same, determining whether this Lease is being complied with, and curing (as permitted herein) any default by Tenant. (b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever necessary and without notice to enter upon the Premises for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Premises. 24. NON-DISCRIMINATION. Tenant covenants, in consideration of the right to lease the Premises that Tenant, its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. (a) Landlord and Tenant shall construct all improvements according to plans and specifications that meet the requirements imposed by the Americans with Disabilities Act, (43 U.S.C. ~12101 et. seQ.), as amended and any regulations promulgated pursuant thereto ("ADA Requirements") effective at the time of construction of the improvements (b) Landlord and Tenant mutually agree to maintain and operate such facilities and services in compliance with the requirements imposed by or pursuant to Sections 27.7 and 27.9(b) of Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary of Transportation, Part 27, Nondiscrimination on the Basis of Disability in 7 Programs and Activities Receiving or Benefiting from Federal Financial Assistance, and as said Regulations may be amended (c) Landlord and Tenant mutually agree to maintain and operate such facilities and services in compliance with the requirements imposed by or pursuant to Section 21.5 of Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary of Transportation, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation otTitle VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (d) Landlord hereby covenants and agrees to prohibit Iowa City's employees, officers, board members, or agents from participating in selection, award, or administration of a third party contract or sub-agreement supported by Federal funds if a real or apparent conflict of interest would be involved. (e) Tenant hereby represents and warrants that neither it, nor its principals is presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this lease and from participation in any nonprocurement activities by any Federal department or agency. 25. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease. 26. NOTICES. Notices, statements and other communications to be given under the terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to Landlord: Parking and Transit Director 335 E. Iowa Ave. Iowa City, IA 52240 With Copies to: Iowa City Attorney 410 E. Washington SI. Iowa City, IA 52240 If to Tenant: Hieronymi Partnership, L.L.P. 152 E. Court 51. Iowa City, IA 52240 The address and person for written communication may be changed upon ten (10) days' written notice to the other party. 27. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through them hereby mutually release and discharge each other, any other tenants or occupants of the building in which the Premises is located, and the officers, employees, agents, representatives, customers and business visitors of Landlord or Tenant or such other tenants or occupants, from all claims, losses and liabilities arising from or caused by any hazard covered by insurance on or in connection with the Premises or said building, even if caused by the fault or negligence of a released party. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 28. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws during the term of the Lease, but shall bear no liability whatsoever and shall not assume any conditions for any existing environmental materials or Hazardous Materials on the Premises. Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting from Tenant's activities on the Premises. 29. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental authority having 8 jurisdiction over the Premises, any substances defined as 'hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by Superfund Amendments and Reauthorization Act 42 U.S.C. S6901, et seq.; the Hazardous Materials Transportation Ad, 42 U.S.C. S6901, et seq.; Clean Air Act, 42 U.S.C. S7901, et seq.; Toxic Substances Control Act, 15 U.S.C. S2601, et seq.; Clean Water Act, 33 U.S.C. S1251, et seq.; the laws, regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 30. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any other provision hereof. 31. ENTIRE AGREEMENT. This Lease and any addenda and exhibits attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions between Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises, agreements or conditions, either oral or written, between them. This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. 32. BINDING EFFECT. The covenants, conditions and agreements contained in the Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 33. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal,shall be entitled to its reasonable attorney's fees to be paid by losing party as fixed by the court. 34. HEADING. Headings as to the contents of particular sections herein are inserted only for convenience, and are in noway to be construed as a part of the Lease or as a limitation on the scope of the particular section to which they refer. 35. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landlord: Tenant: C&DIT 'jR ayor HIERONYMI PARTNERSHIP, L.L.P. , Attest: ~~r;~ k. ~AA./' 9 CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this (3 -/'10 day of ~ N~ , 2006, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. s......dro.L t"...,.""b Notary Public in and for the State of Iowa HIERONYMI PARTNERSHIP ACKNOWLEDGMENT STATE OF Iowa ) )SS: Johnson COUNTY ) On this 5th day of June , 2006, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John A. Hieronymus, of Hieronymi Partnership to me personally known, who being by me duly sworn, did identify himself as John A. Hieronymus, of Hieronymi Partnership and acknowledge the execution of the instrument to be his own voluntary act and deed. Jay C. Oehler Commission Number 204791 Iowa Notarial Seal My Commission Expires 9/23/2006 ~(\J (~9A,~ Notary blic in and for the State of Iowa Approved: ~ G/f/oro City Attorney Eric/Parking and T ransitlH Partners/Lease 10 ------_._~-----_.-~------~_.,------^- '"'. V ",,0 ~_~, .'oK""",'~ c;o ,~=" ""' W~"..... '0=7 ~,,~ 0 ",,~.,"," RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR/TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEM~NT FOR THE LEASE OF APPROXIMATELY 760 SQUARE FEET IOF COMMERCIAL SPACE LOCATED WITHIN THE COURT STREET TRANSPORTATION CENTER. WHE AS, the Court Street Transportation Center contains commercial space being markete or lease for commercial use; and WHEREAS, e Parking and Transit Director has negotiated a lease agreement for the lease of appro . ately 760 square feet of said commercial space to Hieronymi Partnership, L.L.P. r a term of two (2) years with a one (1) year renewable option; and ! WHEREAS, it is in the blic interest to enter i~to said lease for the commercial space as provided therein. OL VED BY THE CITY COUNCIL OF 1. The lease and lease agreement as to form and content. ed hereto and made a part hereof is approved 2 The Mayor and the City Clerk e, an they are hereby authorized and directed to respectively execute and attes the lease reement attached hereto. 3 The City Manager is her by authorized options, as provided in th attached Lease. o execute any subsequent renewal \ , '. ,20~. \ Passed and approved this , , \ MAYOR " ATTEST: CITY CLERK -- \\, 7.vedbY: \~~k City Attorney's Office.. LEASE BETWEEN THE CITY OF IOWA CITY AND HIERONYMI PARTNERSHIP, L.L.P. This Lease Agreement ("Lease") is made by and between the City of Iowa City ("City" or "Landlord") and Hieronymi Partnership, L.L.P. ("Tenant") in Iowa City, Iowa. RECITALS A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises situated in the City of Iowa City, State of Iowa, com only known as the Court Street Transportation Center, and has the authority to lease said premi es. C. The parties desire to enter into a. lease for space n the Court Street Transportation Center, located at 152 E. Court Street, Iowa City, IA. B. Hieronymi Partnership, L.L.P. intends to use the pace as an office for general management of property holdings. In consideratio of the foregoing and the mutual covenant hereinafter contained, and for other good and valuab consideration, the receipt and sufficie y of which are hereby acknowledged by the parties, Lan rd and Tenant hereby agree as foil s: 2. PREMISES. Landlo hereby leases to enant and Tenant hereby leases and takes from Landlord for the Term the r I property co rising approximately 760 square feet of floor space located in the Court Street ansportatio Center, 152 E. Court Street, Iowa City, Iowa, on the ground level of the Court Str t Transp ation Center more particularly described in the site plan on Exhibit "A" (the "Premise ' attac ed hereto and incorporated herein, together with the continuous and uninterrupted right 0 acc ss to and from the Premises. is made to be effective s of May 24th, 2006. 1. 3. TERM. The term of this Lease "Term") shall be from May 24th, 2006 through May 31't, 2008, unless sooner terminated pur a to any provision hereof. Ootion to Renew. With the exc tion of ection 5 entitled "rent," Tenant shall have the option to renew this Lease upon the same ter and conditions contained herein for one (1) successive one (1) year term followi g the initial t 'm. Tenant shall be required to give notice to Landlord, in writing, not less than ne hundred-tw ty (120) days prior to the expiration of the preceding term of Tenant's intent exercise an opti for the renewal term. Rent for the option term shall be $798 per month. 4. FIT-OUT. Landi rd will reimburse Tena t for Tenant's actual, documented expenditures for fit-out expe ses, not to exceed $10,000. O. As part of these fit-out expenses Tenant shall construct at east one bathroom with a t ilet and sink. All fit-out, whether reimbursed or not, is sub' ct to prior landlord approval. 5. R5MI. Tenant shall pay a deposit for damage default in the amount of two month's base rent upon the execution of this lease. Said depos' may not be offered by Tenant in lieu of regular monthly rent payments. Tenant shall have po ession of the premises rent- free for the period of May 24th through June 30, 2006. Rent shall begin July 1, 2006. Tenant shall pay to Landlord $760 per month as rent for the use of the Premises, payable in advance on or before the first day of each calendar month of the initial term. Rent for the option term, if exercised, shall be $798 per month. Rent shall be payable to the Court Street Transportation Center, at the Iowa City Parking Office at 335 E. Iowa Ave., Iowa City, IA 52240, or at such other address as Landlord may designate by written notice as provided herein. 6. UTILITIES AND JANITORIAL. Tenant shall pay for all utilities, including, but not limited to, water, sewer, gas, and electricity. Tenant shall pay for all janitorial services and regular cleaning service to the Premises, as well as garbage removal. Landlord will be responsible for any common area maintenance, including, but not limited to, exterior window Cleaning (twice a year), and sidewalk cleaning. Tenant may wish to enhance the upkeep of the sidewalk and exterior windows as needed outside of this set maintenance schedule. 7. holdings. Landlord. USE F PREMISES. Tenant shall use the Premises for an office to manage property The Pr mises may not be used for any other purpose without written approval of 8. PARKING. The Premises includes no provision for parking. Tenant must secure its own parking. 9. QUIET ENJOY ENT. Landlord covenants and agrees that so long as Tenant observes and performs all 0 the agreements and cov nants required of it hereunder, Tenant shall peaceable and quietly ave, hold and enjoy t e Premises for the Term without any encumbrance, interference or tlipdrance by Landlord. f Tenant's use of the Premises is limited or denied through rezoning, envkonmental impact e ict, or other action of any public or quasi- public agency or governmental ~uthority, this Lase, at the sole option of Tenant, shall terminate as of the effective date o~uch action a the rent applying to the unexpired portion of the Term will abate. \ \ 10. REPRESENTATIONS WA RAN ES AND COVENANTS OF TITLE. Landlord hereby represents, warrants and covenal'l\.s t Tenant that as of the Commencement Date: (a) Landlord is the sole owner i ee simple of the Premises and has full right, power and authority to grant the estate demise h ein and to execute and perform all of the terms, provisions, covenants and agreements p vide in this Lease; (b) to the best of its know dge, the remises complies with all applicable zoning requirements, ordinances, regulatio s, and all pplicable laws, affecting the Premises or required in Tenant's use of the P emises or co mon areas appurtenant to the Premises, including the Americans with Disa Iities Act (or oth laws affecting handicapped access) and any environmental impact or traffi studies or requirem nts; and (c) the Premises do s not contain any asbes s or Hazardous Materials (as defined in Section 28 herein) and Lan ord is not in violation of an federal, state or local law, ordinance or regulation relating to indu rial hygiene or to the environ ental conditions on, under or about the Premises including, but ot limited to, soil and ground w ter condition, and that no previous occupant of the Premises as used, generated, manufacture , stored or disposed of on, under or about the Premises ny Hazardous Materials, as deter ined by a Court of competent jurisdiction. 11. ASSIGNMENT AND SUBLETTING. Tenant shall not sign this Lease, or sublease all or a part of the Premises for any purpose, without the prior w 'tten consent of Landlord. If Tenant subleases all or a part of the Premises with Landlord's writte consent, Tenant agrees to remain primarily liable for the payment of rent for the remaining term f this Lease. 12. ALTERATIONS. IMPROVEMENTS AND ADDITIONS. nant, without Landlord's consent, may make any alterations, improvements, or additions in, n or about the Premises, which Tenant may deem necessary or desirable, except for structural epairs and maintenance, 2 which are the sole obligation of Landlord, provided such alteration, improvement, or addition costs not more than one thousand dollars ($1,000.00). For any improvements exceeding one thousand dollars ($1,000.00), in seeking Landlord's approval, Tenant shall submit a written description of the proposed work along with plans and drawings respecting the same to Landlord for Landlord's approval, which approval shall not be unreasonably delayed or withheld. Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on or about the Premises if the removal may be done without structural damage to the Premises. Tenant's personal property and its trade fixtures, including all machinery, equipment and furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thirty (30) days after the end of the Term shall automatically become the property of Landlord. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Premises (structural Sll non-structural) that may be required on account of any existing or future laws of any govern'mental authority, except alterations, improvements or additions to the Premises as may be reciU,ired solely by reason of the nature of Tenant's business. In no event shall Tenant make any changes, modifications, alternations, or additional to the exterior of the Premises without Landlords"specific written approval, notwithstanding any provision contained herein to the contrary. 13. REPAIRS AND MAINtENANCE. Tenant II make ordinary interior repairs in the Premises, including for plumbing arl' electrical fixtur s, and be responsible for maintenance of all floor coverings, as well as be resp nsible for pr tecting against insect and pest infestation. Landlord shall maintain and promptly m ke all ext ior repairs and common area maintenance, all repairs, replacements or retro-fitting 0 a per nent character (including, but not limited to, components in the air conditioning, boiler a he ting systems, HVAC system, sprinkler system, gas lines, and hot water systems, including ters), and all floors (excluding floor coverings), wall, roof (including water tightness), foundati ,footings, Building Systems (as herein defined) and structural repairs, support systems, st ngthenings, alterations, reconstructions, or additions necessitated by reason of laps of t e, weakness or decay, or damage to or destruction of the Premises, or to any pa thereof, or which may, at any time, be required by any governmental or public authority, xcept for ny damage caused solely by Tenant's negligence. Tenant shall promptly not' Landlord 0 any known defect, damage, decay or dangerous condition associated with e Building Syst . As used herein, 'Building Systems' means the building utility elements sential for Tenant' use and occupancy of the Premises including, but not limited to, such stems as are not re dily accessible to Tenant, such as underground water, sewer, elec IC and other utility Iin and all elevator services and maintenance services related to e Premises. Tenant shall s rrender the Premises in as good order, repair and condition, or etter, as the same were in t commencement of the Term, damage by fire and items co ered by extended coverage in rance, unavoidable casualty, reasonable wear and tear, Iterations, improvements and ad itions made by Tenant and Landlord's failure to repair excepted. 14. SIGNAGE. Tenant may, at Tenant's expense, install sig age, consistent with City Code requirements, and subject to the approval of Landlord. Tena is responsible for care, maintenance, and replacement of any and all signs. 15. TAXES. Tenant, during all terms, shall be responsible for all g neral ad valorem real estate taxes and assessments which may be imposed upon the Premise Tenant shall further pay all taxes assessed against and levied upon Tenant's trade fixtures, a all other personal property of Tenant contained in the Premises. As used herein, the ter 'real estate tax'" includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy, penalty, or tax imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof or any public or quasi-public agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises, upon 3 Landlord's right to rent or business of leasing the Premises, or upon Tenant's use or occupancy of the Premises. Tenant shall pay, as additional rent, on the 1st day of each month during the term of this lease an amount calculated by Landlord to provide for payment installments of real estate taxes and special assessments, as those payments accrue. The monthly payment shall be adjusted from time to time as the costs of real estate taxes are known so that the amount held by landlord will be sufficient to pay those obligations in full and in a timely manner. Any deficiency in the amount necessary to timely pay the obligations provided for shall be promptly reimbursed by Tenant upon notice. At the end of the lease period a reconciliation will take place to refund any excess funds collected by Landlord to Tenant, or for Tenant to pay Landlord whatever additional sums are needed to account for all taxes accrued during Tenant's tenancy. Tenant and Landlord agree to promptly provide the other with copies of statements for taxes so that payment can be made in a timely manner and each can document the amount of the payments due ~de. '0," (1) Bodily Injury & Pro rees that it will at its own expense procure companies authorized to do business in the 16. INSURANCE'>Jenant covenants and and maintain general insul'l!nce in a company 0 State of Iowa, in the following'amounts: ' Tvpe of Coveraoe a. Comprehensive Gen'eral Li \ " Each Occurrence Aooreoate b. Excess Liability $1,000,000 $1,000,000 $2,000,000 $1,000,000 c. Worker's Compensatio as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall e A rated or b ter by A.M. Best. Tenant shall name the Landlord as an additional insured. T ant shall deliver the Landlord, within thirty (30) days of execution of this Lease, Certificat s of Insurance an copies of said policies, naming the Landlord as an additional insured. enant shall provide fift en (15) days' notice to the Landlord before cancellation of said insuran e. 17. INDEMNITY. Landlor hereby disclaims, and Tena hereby releases the Landlord from any and all liability, whet r in contract or tort (including st 'ct liability and negligence) for any loss, damage or injury f any nature whatsoever sustaine by Tenant, its employees, agents or invitees during t term of this Lease, including, but no limited to, loss, damage or injury to the property of T ant that may be located or stored in the emises, unless such loss, damage or injury is cau d by the Landlord's gross negligence or inte lional willful misconduct. The parties hereby a ee that under no circumstances shall the Landi rd be liable for indirect, consequential, specfill or exemplary damages, whether in contract or to (including strict liability and negligence), such as, but not limited to, loss of revenue or antic ated profits or other damage related to the leasing of the Premises under this Lease. 18. DAMAGE OR DESTRUCTION. If the Premises is damaged or d troyed in whole or in part by fire or other casualty, Landlord shall repair and restore the Pr ises to a good tenantable condition. All rent shall wholly abate in case the entire Premises is untenantable, or shall abate pro rata for the portion rendered untenantable in case a part only is untenantable, until the Premises is restored to a tenantable condition. Landlord shall commence and complete all work required to be done under this Section with reasonable promptness and diligence. In 4 the event landlord repairs or restores the Premises, the rent due under this lease shall be abated or reduced proportionately during any period which, by reason of such damage or destruction, there is any interference with the operation of the business of Tenant. If landlord does not commence the repair or restoration within fifteen (15) days after the damage or destruction occurs, or if repair or restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this lease by giving landlord notice of Tenant's election to do so at any time prior to the commencement of the repair or restoration. In that event, this lease shall terminate as of the date of such damage or destruction, without further liability other than accrued but unpaid rent, utilities and or applicable taxes. 19. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this lease, at Tenant's sole discretion, shall automatically terminate, without further liability other than accrued but unpaid rent, utilities and or applicable taxes, as of the date the condemning authority takes title or possession, whichE(ver occurs first. taking (of the Premises or otherwise) adver ely and substantially affects Tenant's use, access, rights of ingress or egress of or to the Pre ises, then Tenant may elect to terminate this Lease s of the date the condemning authori y takes possession, without further liability other than ccrued but unpaid rent, utilities and or applicable taxes. Tenant's election to terminate shall b made in writing within thirty (3~) ays after landlord has given Tenant written notice of the t ing (or in the absence of such notice, within fifteen (15) days after the condemning authority s taken possession). If Tena t does not terminate this Lease in accordance with this Section, t' lease shall remain in full orce and effect as to the portion of the Premises remaining, except hat rent shall be reduc~d in the proportion that the area taken diminishes the value and use f the Premises to Tenant. In addition, Landlord, at its expense, shall promptly repair any d age to the prerT)ises caused by condemnation and restore the remainder of the Premises to e reasonable satisfaction of Tenant. Any award or payment made up condem~tion of all or any part of the Premises shall be the property of Landlord, whether suc award pr payment is made as compensation for the taking of the fee or as severance damages; rovided Tenant shall be entitled to the portion of any such award or payment for loss of or d ge to Tenant's trade fixtures, removable personal property, and additions, alterations an improvements made to the Premises by Tenant, and for its loss of business or the leaseh Id erein created or any other consequential or special damages, such as Tenant's relocation nd m ving expenses. (a) Monetarv. Tenant shall fai to pay rent a the time required or any other monetary obligation or payment required nder this Lease en due, and such failure shall continue for a period of ten (10) days folio ng written notice fro Landlord to Tenant; or (b) Non-performance. Tena t shall fail to observe perform any of the other covenants, terms or conditions containe in the Lease, or a warrant made by Tenant shall fail to be accurate and complete, and such failure shall continue and no be cured for a period of thirty (30) days after written notice by landlord to Tenant, provided at if the default is not reasonably susceptible of being cure. within thirty (30) days, an Even of Default shall occur only if the Tenant fails to promptly commence such cure or fails thereaft to diligently pursue such efforts to completion; or (c) Bankruptcv: Receivership. If (i) Tenant files a petition in ankruptcy or for reorganization or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability 5 to pay its debts generally as they become due, or if a petition or answer proposing the adjudication of Tenant as a bankrupt or a reorganization of Tenant under any present or future federal or state bankruptcy law or any similar federal or state law is filed in any court and such petition or answer is not discharged or denied within thirty (30) days after the filing thereof; or (ii) A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or of the Leased Premises or any portion thereof is appointed in any proceeding brought by or against Tenant and is not discharged within thirty (30) days after such appointment or if Tenant consents to or acquiesces in such appointment. 21. REMEDIES. Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the continuance of such Event of Default, Landlord may take any of the following actions and shall have the following rights against Tenant: (a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upor\ the passage of time specified in such notice, this Lease and all rights of Tenant hereund r shall terminate as fully and completely and wlth the same effect as if such date were the ate herein fixed for expiration of the Term and Tena t shall remain liable as provided in Sectio (c) below. (b) Evictio Landlord shall have the immedi te right upon termination of this Lease to bring an action r forcible entry and detainer. (c) Tenant to emain Liable. No term in ion of this Lease pursuant to the provisions of this Lease, by op ration of law or otherwis ,and no repossession of the Premises or any part thereof pursuant to is Lease or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which hall survive such t mination, repossession or reletting. (i) Rent and Charoes. Ten t shall pay to Landlord the rent and other sums and charges required to be paid by Tenant the period to and including the end of the applicable Term or expiration of an exercise opti period as provided for by Section 3 above, whichever is later. , (ii) Leased Premises. ndlord shallk entitled to offset any amount owing by Tenant under the preceding section, ( (i), against any ~Iue added damages" Landlord may be liable for pursuant to this Lease. \ (e) Ri hts Cumulative n-Waiver. No right or re edy herein conferred upon or reserved to Landlord is intended to e exclusive of any other ri t or remedy, and each and every right and remedy shall be cu ulative and in addition to any ther right or remedy given hereunder or now or hereafter exi ing at law or in equity or by statu . In addition to the other remedies provided in this Lease, ~ ndlord shall be entitled, to the exten permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatene violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to decree compelling performance of this Lease, or to any other remedy allowed to Landlord at la or in equity. (f) Landlord's Rioht to Cure. If after written notice, Tenant fails to pay any utilities charges described in Section 6, insurance premiums described in Section 16, real estate taxes described in Section 15, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation, to make all such 6 payments, and in addition to its other remedies under this Lease, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the "Default Rate"). (g) Late Charqe. Default Rate. If Landlord does not receive payment of any installment of rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord may impose a late charge equal to five percent (5%) of the amount of such delinquent sum and if such sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Non-Waiver. The failure of Landlord to insist upon strict performance of any of the covenants or conditions of the Lease, or to exercise any options herein conferred in anyone or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of any rent or any other sum payable hereunder with knowledge of the breach of any ovenants or agreements contained herein shall.not be deemed a waiver of such breach. 22. HOLDIN OVER. If Tenant remains in pos ession of the Premises after the expiration or terminatio of this Lease, and without the e cution of a new Lease, Tenant shall be deemed to be occupy g the Premises as a tenant fr month-to-month, subject to all of the conditions, provisions and ligations of this Lease inso ar as they are applicable to a month-to- month tenancy. 23. ACCESS BY LANDL RD. \, (a) Landlord or Landlol'tt's agents, r presentatives or employees shall have the right at any time upon at least twenty.,four (24) ours oral notice (except in emergencies, in which case only such notice, if any, as may e feasible under the circumstances shall be required) to enter upon the Premises fo)., th purposes of inspecting the same, determining whether this Lease is being complied witH nd curing (as permitted herein) any default by Tenant. \ \ (b) Landlord or Landlord's a ents, epresentatives, or employees shall have the right whenever necessary and without otice to nter upon the Premises for the purpose of repairing or maintaining any of Landlord' property a 'acent to or abutting the Premises. 24. NON-DISCRIMINATION. nant covenants, 'n consideration of the right to lease the Premises that Tenant, its employee, and agents shall ot discriminate against any person in employment or public accommodat' n because of race, r ligion, color, creed, gender identity, sex, national origin, sexual orien tion, mental or physic disability, marital status or age. "Employment" shall include but ot be limited to hiring, a cepting, registering, classifying, upgrading, or referring to emplo ment. "Public accommodation hall include but not be limited to providing goods, services, fatilities, privileges and advantages the public. (a) Landlord and Tenant shall construct all improveme according to plans and specifications that meet the requirements imposed by the Americans w h Disabilities Act, (43 U.S.C. 912101 et. seq.), as amended and any regulations promulgated pursuant thereto ("ADA Requirements") effective at the time of construction of the improvements (b) Landlord and Tenant mutually agree to maintain and operate such facilities and services in compliance with the requirements imposed by or pursuant to Sections 27.7 and 27.9(b) of Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary of Transportation, Part 27, Nondiscrimination on the Basis of Disability in 7 Programs and Activities Receiving or Benefiting from Federal Financial Assistance, and as said Regulations may be amended (c) Landlord and Tenant mutually agree to maintain and operate such facilities and services in compliance with the requirements imposed by or pursuant to Section 21.5 of Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary of Transportation, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (d) Landlord hereby covenants and agrees to prohibit Iowa City's employees, officers, board members, or agents from participating in selection, award, or administration of a third party contr or sub-agreement supported by Federal funds if a real or apparent conflict of interest would be' volved. \ (e) Te nt hereby represents and warrants that neither it, nor its principals is presently debarred, s spended, proposed for disbarment, declared i Iigible, or voluntarily excluded from particip ion in this lease and from participation in a nonprocurement activities by any Federal departm t or agency. the State / / 26. NOTICES. Notices, tatements and other iommunications to be given under the terms of the Lease shall be in wn 'ng, unless otherwi~ provided herein, and sent by certified or registered mail, or by commercial c urier, return rerpt requested, and addressed as follows: 25. APPLICABLE performance and enforceme Iowa shall govern the validity, If to Landlord: With Co . s to: / Parking and Transit Director Iowa City ornel 335 E. Iowa Ave. 410 E. Was 'ng16n SI. Iowa City, IA 52240 Iowa City, IA 40 If to Tenant: Hieronymi Partnership, L.L.P. 152 E. Court SI. Iowa City, IA 52240 The address and person for itte communication may be changed upon ten (10) days' written notice to the other party. 27. WAIVER OF SUBROGATI N. Landlor~nd Tenant and all parties claiming under or through them hereby mutually r ease and dis~arge each other, any other tenants or occupants of the building in which th Premises is loca~d, and the officers, employees, agents, representatives, customers and bus' ess visitors of LandlQrd or Tenant or such other tenants or occupants, from all claims, losses nd liabilities arising fr61:p or caused by any hazard covered by insurance on or in connection th the Premises or said b,uilding, even if caused by the fault or negligence of a released party This release shall apply only to the extent that such claim, loss or liability is covered by insur nce. \ \, \, 28. ENVIRONMENTAL ATTERS. Tenant will comply ith all environmental laws during the term of the Lease, t shall bear no liability whatsoeve and shall not assume any conditions for any existing e ironmental materials or Hazardous terials on the Premises. Landlord agrees to indemnify, defend and hold Tenant harmless from nd against any and all loss, damage, liability and expense (including reasonable attorneys' fees that Tenant may incur as a result of any claim, demand or action related to environmental nditions, Hazardous Materials or any other environmental laws and regulations not directly re Iting from Tenant's activities on the Premises. 29. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental authority having 8 jurisdiction over the Premises, any substances defined as 'hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by Superfund Amendments and Reauthorization Act 42 U.S.C. 36901, et seq.; the Hazardous Materials Transportation Ad, 42 U.S.C. 36901, et seq.; Clean Air Act, 42 U.S.C. ~7901, et seq.; Toxic Substances Control Act, 15 U.S.C. 32601, et seq.; Clean Water Act, 33 U.S.C. 31251, et seq.; the laws, regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 30. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, as determined by a court of competent jurisdiction, shall in'(1o way affect the validity of the remainder of this Lease or any other provision hereof. . 31. ENTIRE AGR EMENT. This Lease and any addenda and exhibits attached hereto or to be attached hereto, et forth all of the covenants, pro ses, agreements, and conditions between Landlord and T nant concerning the Premises nd this Lease and there are no covenants, promises, agr ements or conditions, either or, I or written, between them. This Lease may not be modifi or amended in any manner except by an instrument in writing executed by the parties her to. 32. BINDING EFFEC Lease shall bind, apply to an successors. The covenants, conditi ns and agreements contained in the inure to the benefit 0 the parties hereto and their respective 33. ATTORNEY FEES. If 'ther party na ed herein brings an action to enforce the terms of this Lease or to declare rig ts hereund r, the prevailing party in any such action, on trial or appeal, shall be entitled to its easonab attorney's fees to be paid by losing party as fixed by the court. \ \ 34. HEADING. Headings as to th ontents of particular sections herein are inserted only for convenience, and are in no way to e construed as a part of the Lease or as a limitation on the scope of the particular section to w. ic they refer. I \ 35. COUNTERPARTS. This Leise ma0fe executed in counterparts, each of which shall be deemed to be an original and all qf which shaJl, when taken together, constitute but one and the same instrument. / / IN WITNESS WHEREOF/the parties her 0 have executed this Instrument to be effective as of the day and year,first above written. f I I / I f , Landlord: YMI PARTNERSHIP, L.L.P. CITY OF IOWA CITY Mayor John A. Hi ronymus, Managing Partner Attest: City Clerk 9 CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 2006, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that s id instrument was signed and sealed on behalf of said municipal corporation by authority of its Ci y Council; and that the said Mayor and City Clerk as such officers acknowledged that the executi n of said instrument to be the voluntary act and deed C)f said corporation, by it and by them volun rily executed. Notary Public in a (j for the State of Iowa STATE OF Iowa HIERONYMI PARTNERSHIP, L.L.P. .4GKNOWLEDGMENT \ \ \ \ \ \ i On this day of \ , 2006, before me, the undersigned, a Notary Public in and for the State of Iowa, pe onally peared John A. Hieronymus, Managing Partner of Hieronymi Partnership, L.L.P. to me~erso ally known, who being by me duly sworn, did identify himself as John A. Hieronymus, M~~agil'ig Partner of Hieronymi Partnership, L.L.P. and acknowledge the execution of the instrument/i~e his own voluntary act and deed. COUNTY ) ) SS: ) / / / / I / / ;L:d: City Attorney r~~ [, nd for the State of Iowa \ \ , \ Eric/Parking and TransiUH Partners/Lease 10 *-t~ d \)~ - < \ \<~ PUBLISH MAY 25 NOTICE OF BOND SALE Time and Place of Sealed Bids: Bids for the sale of General Obligation Bonds of the City of Iowa City, Iowa, will be received at the office of the Finance Director, in the City of Iowa City, Iowa (the "Issuer") at 1 :00 o'clock P.M., on the 13th day of June, 2006. The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the TERMS OF OFFERING. The Bonds: The bonds to be offered are the following: GENERAL OBLIGATION BONDS, SERIES 2006A, in the amount of $6,265,000, to be dated June 29, 2006 and GENERAL OBLIGATION BONDS, TAXABLE SERIES 2006B in the amount of $1 ,000,000, to be dated June 29, 2006 (the "Bonds"). Manner of Bidding: Open bids will not be received. Bids will be received in any of the following methods: . Sealed Bidding: Sealed bids may be submitted and will be received at the office of the Finance Director, Iowa City, Iowa . Electronic Internet Bidding: Electronic internet bids will be received at the office of the Finance Director, Iowa City, Iowa. The bids must be submitted through the P ARlTY@ competitive bidding system. . Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the Finance Director, Iowa City, Iowa. Electronic facsimile bids will be sealed and treated as sealed bids. Consideration of Bids: After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic internet bids will be accessed and announced. Sale and Award: The sale and award of the bonds will be held at the Emma 1. Harvat Hall, City Hall at a meeting of the City Council on the above date at 7:00 o'clock P.M. Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the Finance Director, City _~_______._._.__.,______~_"_.__..__.. "....._.__.~_._.________.._____.________.____..___'_._____._.o.-._________..,.,.____...... Hall, 410 E. Washington Street, Iowa City, Iowa, 52240 - telephone: (319) 356-5053; or the City's Financial Consultant, Public Financial Management, Inc., 2600 Grand Avenue, Suite 214, Des Moines, Iowa, 50312 - telephone: (515) 243-2600. Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: Said bonds will be sold subject to the opinion of Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City ofIowa City, Iowa. s/Marian K. Karr City Clerk of the City ofIowa City, Iowa (End of Notice) 490575.11WP10714087 "-~..~---"...,----------------------_..~_.__..._---~-----------.------....---.----- ._---_._.._---~_..._._~--- ....__.."-~._-_..-._'~--- M+'d .Tune 11 ,2006 The City Council ofIowa City, Iowa, met in Harvat Hall, City Hall, Iowa City, Iowa, at 7: 00 There were present Mayor Wilburn named Council Members: special session, in the Emma J. o'clock L.M., on the above date. , in the chair, and the following Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn Absent: None ******* -4- ~ Council Member Champi on introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $6,265,000 GENERAL OBLIGATION BONDS, SERIES 2006A" and moved its adoption. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, AYES: V~nnPThop.f. lJilhl1Tn R;::ailpy, r.h;::!mp;on Correia. Elliott. O'Donnell NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 06-193 RESOLUTION DIRECTING SALE OF $6,265,000 GENERAL OBLIGATION BONDS, SERIES 2006A WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $6,265,000 GENERAL OBLIGATION BONDS, SERIES 2006A: Bidder: Griffin. Kubik. Stephens & Thompson. Inc. of ChicaQo, Illinois the terms of said bid being: Purchase Price: $ 6,300,383.04 True Interest Rate: 3.8832 % Net Interest Cost $ 1,419,483.14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -5- Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this 'G1~"~~ Mayor 2006. ATTEST: /1,~J!. f(~ "- City Clerk -6- }\ tit Moody's Investors Service June 2, 2006 / ~/ Wfi [jJ'~ ~ 123 N Wacker Dnve SUite 1350 Chicago. IL 60606 Mr. Kevin O'Malley Director of Finance City of Iowa City Civic Center, 410 E Washington St Iowa City, IA 52240-1826 Jonathan North Vice PresldenUAnalyst Tel: 312-706-9973 Fax: 312-706-9999 E-mail: jonathan.north@moodys.com Dear Mr. O'Malley: We wish to inform you that on June 2,2006, Moody's Rating Committee reviewed and assigned a rating of Aaa to Iowa City (City of) lA's General Obligation Bonds, Taxable Series 20068. In order for us to maintain the currency of our ratings, we request that you provide ongoing disclosure, including annual financial and statistical information. Moody's will monitor this rating and reserves the right, at its sole discretion, to revise or withdraw this rating at any time in the future. The rating, as well as any revisions or withdrawals thereof, will be publicly disseminated by Moody's through normal print and electronic media and in response to verbal requests to Moody's ratings desk. Should you have any questions regarding the above, please do not hesitate to contact me or the analyst assigned to this transaction, Sharone Levy, at 312-706-9971 Si"~"ly ~,{ Jonathan Nort~ (=-- S-- cc: Ms. Tionna Pooler PFM.blC. @ "'f!fl." .._1..... 8erwfoe Global Credit Research New Issue 2 JUN 2006 New Issue: Iowa City (City of) IA MOODY'S ASSIGNS Aaa RATING TO THE CITY OF IOWA CITY'S (IA) G.O. BONDS, SERIES 2006A AND 2006B A.. RATING AFFECTS $B5.1 MILLION OF OUTSTANDING G.O. DEBT, INCLUDING CURRENT OFFERING Municipality IA Moody's Rating ISSUE General Obligation Bonds, Series 2006A Sale Amount $6,265,000 Expected Sale Date 06/13/06 Rating Description General Obligation Unlimited Tax RATING Aaa General Obligation Bonds, Taxable Series 2006B Sale Amount $1,000,000 Expected Sale Date 06/13/06 Rating Description General Obligation Unlimited Tax Aaa Opinion NEW YORK, Jun 2, 2006 - Moody's Investors Service has assigned a Aaa rating to the City of Iowa City's (IA) $6,265,000 General Obligation Bonds, Series 2006A and $1,000,000 General Obligation Bonds, Taxable Series 2006B. The bonds, which are secured by the city's general obligation unlimited tax pledge, will finance various citywide capital improvements. Concurrently, Moody's has affirmed the city's Aaa rating, affecting $85.1 million of outstanding general obligation debt, including the current offering. Moody's highest quality Aaa rating is based on the city's strong and diverse local economy, benefiting from the presence of the state's flagship university; sound financial operations characterized by healthy reserve levels; and favorable debt profile. STRONG AND DIVERSE LOCAL ECONOMY BENEFITS FROM PRESENCE OF UNIVERSITY Moody's expects the city's local economy to remain strong due to the stability afforded by the University of Iowa (revenue bonds rated Aa2) and the University of Iowa Hospitals and Clinics (revenue bonds rated Aa2/negative outlook). Significant employment opportunities for more than 20,000 people at the University and its medical center, complemented by a mix of service and light manufacturing entities, result in economic stability and continued moderate economic growth. The University of Iowa is the flagship publiC institution in the state, with Fall 2005 enrollment exceeding 29,000. These positive economic factors continue to drive tax base growth, with assessed valuation increasing at a steady 7.2% annually over the last five years and full value estimated to be a sizable $3.8 billion in 2005. The city retains considerable amounts of land for development, and continues to see significant residential and commercial construction, including a new super Wal-Mart and Menard's home store. The city was recently hit fairly significantly by a large-scale tornado, but city officials report that it suffered minimal uninsured losses. Employment opportunities within the area continue to remain ampie, evidenced by a low unemployment rate of 3.0% as of March 2006, compared with the state rate of 4.8% for the same time period. Despite the significant student population, the city's wealth levels are healthy, exceeding state averages. Full value per capita is solid at $61,032. SOUND FINANCIAL OPERATIONS CHARACTERIZED BY HEALTHY RESERVE LEVELS Moody's expects the city's financial operations to remain sound given a demonstrated record of prudent management; conservative budgeting practices; and healthy reserves. The city ended fiscal 2005 with a General Fund operating surplus of $1.6 million, resulting in a General Fund balance of $15.9 million, or an ample 37.4% of General Fund revenues. City officials expect balanced operations for fiscal 2006. Officials are budgeting a General Fund drawdown for fiscal 2007 to 30% of General Fund expenditures to pay down additional debt service based on a recent council request to maintain reserves at a minimum of 20% of expenditures and a ceiling of 30%. At this time, Moody's does not expect this new policy to have a significant effect on the city's credit profile. Although the city is taxing at its General Fund levy limit of $8.10, it retains has the flexibility to utilize a $.27 Emergency levy to support General Fund operations. The cily derives the bulk of its revenues from property taxes, comprising 58% of core revenues during fiscal 2005. Expenditures related to debt service for fiscal 2005 were slightiy above average at 24.5% of total operating funds expenditures. FAVORABLE DEBT PROFilE; AGGRESSIVE PRINCIPAL AMORTiZATiON Moody's expects the city's debt profile to remain favorable given continued tax base expansion, limited capital needs, and rapid principal amortization. The city's overall debt burden is average at 2.9%, with the majority (2.2%) directly attributable to the city. Principal amortization is rapid, with 79.2% of debt repaid in ten years. In keeping with its policy of not issuing more than it retires in a given year, the city plans to issue approximately $6 million per year for the next several years for continued citywide capital improvements. KEY STATiSTICS 2002 Special census population: 63,380 2005 Estimated full valuation: $3.8 billion Estimated full valuation per capita: $61,032 Overall debt burden: 2.9% (2.2% direct) Principal amortization (10 years): 79.2% Fiscal 2005 General Fund balance: $15.9 million (37.4% of General Fund revenues) 1999 Median family income as % of state: 120% 1999 Per capita income as % of state: 103% Iowa City metropolitan area unemployment (March 2006): 3.0% (63% of state) Post-sale general obligation debt outstanding: $85.1 million Analysts Sharone levy Analyst Public Finance Group Moody's Investors Service Beth A. Dougherty Backup Analyst Public Finance Group Moody's Investors Service Edward Damutz Senior Credit Officer Public Finance Group Moody's Investors Service Contacts Journalists: (212) 553-0376 Research Clients: (212) 553-1653 @Copyrlght2006, Moody's Investors Service, Inc. and/or its licensors including Moody's Assurance Company, Inc. (together, "MOODY'S"). All rights reserved. ALL INFORr>1ATION CONTAINED HEREIN [S PROTECTED BY COPYRIGHT LAW AND NONE OF SUCH INFORr-<1ATlON 1'<1AY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR f'.1ANNER OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT MOODY'S PRIOR WRITTEN CONSENT, All information contained herein is obtained by MOODY'S fl'Om sources believed by it to be accurate and reliable, Because of the possibility of human or mechanical error as well as other factors, however, such information is pmvided "as is" without warranty of any kind and MOODY'S, In Pillt;(ul':H, makes no reprC'S('lltallon or wilrli:lIlly, express or Implied, <;s to th(' accuracy, tlfl,,!liness, compleU.cnc",s, ITlcrchanti1bdlty or fltlle",s (01 i1fly pal"ticulur purpose' of any such iIlformatlon Undvl- no CIITUn1stilnces stwll MOODY'S heJVe dill' liability t.O ilny person or entity for (a) any los<; or- damage in wtlOle or In [Ji1ll UHl5("d tJy, n'~;ultlf1g from, or relating to, any er-ror (ncgllqent 01 otlwrwiSt,) or Otl,("1 urCUnlstdlH:e or continqency wltllin or outside the contr-ol of fYl00DY'S ell any of Its direclors, oJllcefs, ernployees or aqents in connH:\ioll with the prOCUI-errWnt, coll('ctIOIl, compilation, analysic-" illterprt't,.tiorl, cOnllTlunlcallOn, pul)liciltlOI1 or dc'IoVlo'ly 01 dny surll Hlformi'ltioll, or (I)) (1rlY cj;rect, int1irf'ct, S!hfliJ!, con"eqlH'nlld!, cornp(,lls~tory or InCldcntal c1arni.:1gc", wlldts0!."v0'r (mclutJlflCj Without limitd\iOIl, lost profits;', eve:r) If HOODY-S IS ildvlsed 111 0c!vaIlCt' of the p()s~dblllty of such {j'1Ina~!C's, resultll1q from the Use of III m<:1hility to use, <lily ',uch Inforrndtll)rl, Thl, (ledlt ri;llllqs i'll1li fmanu,]! rr.:'portinq analysi<; olJseJvi1tions, If any, constituting part of the infOl'nlation cUl1talned herell1 are, and must bf' construed :;ok'ly dS, slJlr'nlcnts of opinion i1l1d not st;:;tcm"llt<; or lact or f('COmlTlf.'ndJtlOll" to purdhl'J', se'll or holcl anI' s('curities, NO WARRANTY, EXPRESS OE lr-<lPLlED, AS TO TI!E ACCURACY, TIH[L!~~[SS, CO(\lPLEHNESS, r-<1ERCHANTABILITY ()f~ FlTNLS:, fOR ANY PAIHICUL.AP. PUIWOSE OF ANY :;UClI R_l\T1NG OR OHH:R OP!NION em INFOIU-1ATION is GIVLN OR HADL BY f\'100DY'S IN ANY FOf{~.-l OR i'-1ANNEr, WHATSOEV[f~, [aell ri1tilHJ or other oplr11011 must be wClqh.,ct solei)" '-1'> one ldc:\ur In iln,' IlIvc,;tmi:nt d."clslon Illadt~ t.Jy 01" on bell,)lf of any USN of tl1F: infol"rl1illlon conti'lll1c'd hl'l-ein, and each c;uch usel- must ",(cordlngly make Its ovm studY' Jnd l'valuation ot each "ecLlrlt_y (\Ile! or P,jell issue'1 and QUi'!I-i111tO( of, and ';deh pfoviejl'l' of uc'dit "uPPod for-, (:cleh '_,"turrly that It m,iY consider purThaslnq, Il0ldlllg or sc'llinq f>100DY'S h",reby discloses nwt most issuers of debt secunl.it'S (includll1g corporate and 1T1wllupal bondS. debt'l1tul'es, notes and commerCial paper) am! prderred stock rated by f>100DY'S h,wf>, prior to asslgnrrWnt of <111)" rC1llnq, agrc('(] lo pay l.O r'vl00DY'S jar appraisal and rJllng s",rvlce.,; rendered I)y it fees ran~Jin~J from $1,500 lo $2,400,000, Hoody's Corporation (MeO) <1I1dltS WllOlly- owned credit rating i'lger1cy SlIllSldiiJry, r'-1oody's Investors St'fvire (f"lJS), also maintain policies and proc:edun~s to iJddress the independencE' of MIS's ratings and ruling processes, InfOl'milllon regi'lrding celtall1 affiliatIOns IIrat mi:1Y eXist tJetween drredols oj HCO ;:me! raled entities, and between entities who hold ratings 110m MIS ;:1I1cl h<'lve also publicly reporter] to t_lle SEe an O\'in,~rshlp intc'rt'st in f\1CO of more than 50:,,), 15 posted illH111Jlly url r-<loody's wC'bsite iJl www,moodyS,CQIT' under thc' heading "Sh,lrpllOlc!('f- Relations - (ol-porate Governance - OIl-ec:tOI and Shareholcler- Affiliation Policv." Hoody's Investors Selvlce Pty Limited does not hold an Auslralwn finiJllCial serVlres licc'nc,' under the Corporations Act TI"s cn:dlt rating opinioil Ilas bt'en prcp,-Hect without taking into account <my of your ObJN:tives, finallclill SituatIOn or need'; You should, before acting on the opinion, conSlder- the appropriateness of the oprnlon havlI1g regr!r-d to ,'OUI- O\-'In ol))E'ctives, financial siluatloll and rleeds, F dJ../ J..~~ .2:) I ' June 13, 2006 The Finance Director of the City ofIowa City, Iowa, met in the City Hall at 410 E. Washi ngton Street, Iowa City, Iowa, at one o'clock --"-.M., on the above date, to open sealed bids received, access electronic bids and to refer the sale of the bonds to the best and most favorable bidder for cash, subject to approval by the City Council at seven o'clock ---.!:.M. on the above date. The foIl owing persons were present: Marian Karr, City Clerk Kpv;n O'Mallpy. F;nancp D;rpctor Chuck Uocraft. Public Financial Manaoement Jon Burmeister, Public Financial Management -1- ---_._-,--,---,-_._-----------~--------_. This being the time and place for the opening of bids for the sale of $6,265,000 General Obligation Bonds, Series 2006A, the meeting was opened for the receipt of bids for the bonds. The folIowing actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: (NONE) 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: Griffin. Kubik. Stephens & Thompson. Inc. Piper Jaffray & Co. UMB Bank N.A. First Trust Portfolios. L.P. UBS Securities LLC Harris N.A. Natcity Investments. Inc. Chicago. Illinois Kansas City. Missouri Kansas City. Missouri Lisle. Illinois Da 11 as. Texas Chicago. Illinois Cleveland. Ohio 4. The best bid was determined to be as follows: Name & Address of Bidder: Griffin, Kubi k. Stephens & Thompson. Inc. Chi cago. I1.1 i noi s Net Interest Cost: $ 1.419.483.14 True Interest Rate: 3.8832 % All bids were then referred to the Council for action in accordance with the Notice of Sale. -2- This being the time and place for the opening of bids for the sale of$I,OOO,OOO General Obligation Bonds, Taxable Series 2006B, the meeting was opened for the receipt of bids for the bonds. The following actions were taken: 1. Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: Northland Securities Minneapolis, Minnesota Cronin & Co., Inc. Minneapolis, Minnesota 2. The Finance Director then declared the time for filing of sealed bids to be closed and that the sealed bids be opened. The sealed bids were opened and announced. 3. Electronic bids received were accessed and announced as follows: Name & Address of Bidders: 88&T Capital Markets Richmond, Virginia 4. The best bid was determined to be as follows: Name & Address of Bidder: Northland Securities, Minneapol is, Minnesota Net Interest Cost: $ 335,177.96 True Interest Rate: 5.6607 % All bids were then referred to the Council for action in accordance with the Notice of Sale. -3- - - --'-'~-'-'-'~-------'-------"--'----'-'--"--'-"-~----_.__.,_._-_.".._._-"-~._--_. ---_._~---,---------_.._._.._---_._------_....-._--_...---....----...-----...-. _HI The PFM Group """" ". "",..,,,..,,,, b "'I.<I,"""""'"F"'" ,,', ' Terrace Place, Suite 214 515243-2600 2600 Grand Avenue 515243-6994 fax Des Moines, IA 50312 TABULATION OF BIDS CITY OF lOW A CITY, IOWA $6,265,000 General Obligation Bonds, Series 2006A $1,000,000 General Obligation Bonds, Taxable Series 2006B June 13,2006 TABULATION OF BIDS City ofIowa City, Iowa $6,265,000 General Obligation Bonds, Series 2006A AWARD: GRIFFIN, KUBIK, STEPHENS & THOMPSON, INC. RATING: Moody's Investors Service' AAA' SALE DATE: Tuesday, June 13,2006 NAME OF BIDDER COUPON NET INTEREST COST RATE YEAR & TRUE INTEREST RATE PRICE GRIFFIN, KUBIK, STEPHENS & THOMPSON, IN C. Chicago, Illinois 3.625% 2007 $1,419,483.14 $6,300,383.04 4.00% 2008-2016 3.8832% PIPER JAFFRA Y & CO Kansas City, Missouri 4.00% 2007-2016 $1,425,837.09 $6,295,671.80 3.9031% UMB BANK, n.a. Kansas City, Missouri Hills Bank and Trnst Company 3.70% 3.75% 3.80% 3.85% 2007 2008-2010 2011-2013 2014-2016 $1,423,143.75 $6,232,422.00 3.9212% FIRST TRUST PORTFOLIOS, L.P. Lisle, Illinois RBC Capital Markets SnnTrnst Capital Markets Stephens, Inc. 4.00% 2007-2016 $1,434,023.69 $6,287,485.20 3.9290% UBS SECURITIES LLC Dallas, Texas Citigroup Global Markets Cronin & Co., Inc. 3.75% 4.00% 2007-2008 2009-2016 $1,434,023.75 $6,283,795.00 3.9295% C'f . The PFM Group $6,265,000 General Obligation Bonds, Series 2006A City ofIowa City, Iowa Tuesday, June 13,2006 Page 2 NAME OF BIDDER PRICE COUPON RATE YEAR NET INTEREST COST & TRUE INTEREST RATE HARRIS, N.A. 4.00% Chicago, Illinois WELLS FARGO BROKE RAGE SERVICE LLC Minneapolis, Minnesota FTN Financial Capital Markets Isaak Bond Inves tments, Inc. The Bankers Bank Ruan Securities NATCITY INVESTMENTS, INC. Cleveland, Ohio Ross Sinclaire & Associates Duncan-Williams, Inc. Robert W. Baird & Co. Incorporated 4.00% 2007-2016 2007-2016 $1,434,469.34 3.9305% $1,437,127.74 3.9389% $6,287,039.55 $6,284,381.15 TABULATION OF BIDS City ofIowa City, Iowa $1,000,000 General Obligation Bonds, Taxable Series 2006B AWARD: NORTHLAND SECURITIES RATING: Moody's Investors Service 'AAA' SALE DATE: Tuesday, June 13,2006 COUPON NET INTEREST COST NAME OF BIDDER RATE YEAR & TRUE INTEREST RATE PRICE NORTHLAND SECURITIES 5.50% 2007-2013 $335,177.96 $994,460.35 Minneapolis, Minnesota 5.55% 2014 RBC Capital Markets 5.60% 2015-2016 5.6607% BB&T CAPIT AL MARKETS Richmond, Virginia 5.65% 2007-2016 $339,169.1 I $996,566.45 5.7223% CRONIN & CO., INC. Minneapolis, Minnesota Citigroup Capital Markets UDS Financial Services 5.625% 5.65% 2007-2015 2016 $340,565.52 $994,006.95 5.7556% Cr · .. r~~!E',~~~!:~~P ~M !\no;llM.~~>fI~, lU; r'rM"<<V:i"'~ ------_._----,-----~- ._--~-,-,----~~-,.. M~ 062;~6 I Council Member Bailey introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $I,OOO,OOOGENERAL OBLIGATION BONDS, TAXABLE SERIES 2006B" and moved its adoption. Council Member Vanderhoef seconded the motion to adopt. The roll was called and the vote was, Al1ES: Wilburn. Bailey. Chamoion. Correia. Elliott, O'Donnell, Vanderhoef NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 06-194 RESOLUTION DIRECTING SALE OF $1,000,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2006B WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $1,000,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2006B: Bidder: Northland Securities of Mi nneapo 1 is, Mi nnesota the terms of said bid being: Purchase Price: $ 994,460.35 True Interest Rate: 5.6607 % Net Interest Cost $ 335,177.96 -7- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this m~C1JL:6 Mayor ATTEST: )n~}(. k~ City Clerk -8- SERIES 2006A BONDS Principal Amount Maturity June 1st 2007 2008 2009 201 2 1 012 2013 2014 2015 2016 $475,000 540,000 $ 0,000 $58 , 00 $610,0 $640,000 $665,000 $695,000 $730,000 $765,000 Interest Rate $ 70,000 $ 80,000 $ 85,000 $ 90,000 $ 95,000 $105,000 $110,000 $115,000 $120,000 $130,000 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 (c) Redemption. The Series 2006A and 2006B Bonds maturing after June 1, 2014, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in -17- * SERIES 200M BONDS $ $ $ $ $ $ $ $ $ $ 2006/2007* 2007/200 2008/20 2009/ 10 201 2011 2 1/2012 01212013 201312014 201412015 2015/2016 30) FISCAL YEAR (JULY 1 TO J YEAR OF COLLECTI AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION: 2006/2007* 2007/2008 2008/2009 2009/2010 201012011 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 The levy for fiscal year 2006/2007 has be included in the budget previously certified and will be paid from vailable city funds. (N : For example the levy to be made and cert fied against the taxable valuations ofJanuary 1,2005, will be collected du ng the fiscal year commencing July 1, 2006). -14- N'r~ia Council Member Chamuion moved that the form of Tax Exemption Certificate for the Series 2006A Bonds be placed on file and approved. Council Member Vanderhoef seconded the motion. The roll was called and the vote was, AY1ES: Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef, Wilburn NAYS: None Council Member Chamuion moved that the form of Continuing Disclosure Certificate combined for the Series 2006A and Taxable Series 2006B Bonds be placed on file and approved. Council Member Vanderhoef seconded the motion. The roll was called and the vote was, AY1ES: Bailey. Champion. Correia. Elliott. O'Donnell, Vanderhoef, Wilburn NAYS: None Council Member Champion introduced the following Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $6,265,000 GENERAL OBLIGATION BONDS, SERIES 2006A AND $1,000,000 GENERAL OBLIGATION BONDS, TAXABLE SERIES 2006B AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member Vanderhoef seconded the motion to adopt, and the roll being called thereon, the vote was as follows: -9. ~ J\)1ES: Bailey, Champion, Correia, Elliott,O'Donnell, Vanderhoef, Wilburn NJ\ YS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 06-195 RESOLUTION J\UTHORIZING J\ND PROVIDING FOR THE ISSUJ\NCE OF $6,265,000 GENERAL OBLIGJ\TION BONDS, SERIES 200M J\ND $1,000,000 GENERAL OBLIGJ\ TION BONDS, T 1\XJ\BLE SERIES 2006B J\ND LEVYING J\ T J\X TO P J\ Y SJ\ID BONDS WHEREJ\S, the Issuer is duly incorporated, organized and exists under and by virtue ofthe laws and Constitution ofthe State ofIowa; and WHEREJ\S, the Issuer is in need of funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the acquisition, installation and repair of traffic control devices and signals and equipping of the fire and police departments; essential corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $6,220,000 be issued for said purpose; and WHEREJ\S, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and WHEREJ\S, the Issuer is in need of funds to pay costs of targeted area housing rehabilitation improvements; the acquisition of art for public buildings and areas and window replacement to a Recreation Center, a general corporate purposes, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $535,00 be issued for said purpose; and WHEREJ\S, the Issuer is in need of funds to pay costs of the improvement and equipping of recreation grounds, including the Soccer Park; improvements to the Waterworks Prairie Park, including canoelkayak launch area and nature trails, -10- construction of one or more park shelters and a fishing pier; acquisition of land for development of the Sand Lake Recreational Area and improvements to the Mercer baseball fields, general corporate purposes, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $5 10,000 be issued for said purpose; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000; and WHEREAS, pursuant to notice published as required by Section 384.26 of said Code, the Council ofthe City has held public meeting and hearing upon the proposal to institute proceedings for the issuance of bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance thereof; and WHEREAS, pursuant to Section 384.28 of the City Code ofIowa, it is hereby found and determined that $6,625,000 of the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of Corporate Purpose Bonds to be designated General Obligation Bonds, Series 2006A, as hereinafter set forth; and WHEREAS, pursuant to Section 384.25 ofthe City Code ofIowa, it is deemed appropriate that $1,000,000 of the essential corporate purpose general obligation bonds hereinabove described be issued as a separate series of bonds to be designated General Obligation Bonds, Taxable Series 2006B; and WHEREAS, pursuant to the provisions of Chapter 75 of the Code ofIowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: . "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. -11- . "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. . "Bond Fund" shall mean the fund created in Section 3 of this Resolution. . "Bonds" shall mean $6,265,000 General Obligation Bonds, Series 2006A and $1,000,000 General Obligation Bonds, Taxable Series 2006B, authorized to be issued by this Resolution. . "Cede & Co," shall mean Cede & Co., the nominee ofDTC, and any successor nominee ofDTC with respect to the Bonds. . "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. . "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. . "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book-entry securities depository appointed for the Bonds. . "Issuer" and "City" shall mean the City ofIowa City, Iowa. . "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. . "Paying Agent" shall mean the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. . "Series 2006A Project Fund" shall mean. the fund required to be established by this Resolution for the deposit ofthe proceeds of the Series 2006A Bonds. -12- . "Series 2006B Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Series 2006B Bonds. . "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate covering the Series 2006A Bonds only. . "Registrar" shall mean the City Controller ofIowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. . "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC on file at DTC. . "Resolution" shall mean this resolution authorizing the Bonds. . "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery ofthe Series 2006A Bonds. . "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax: Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all ofthe taxable property in Iowa City, Iowa, to-wit: -13- SERIES 200M BONDS AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION: $704,466 $771,600 $770,000 $772,600 $774,200 $779,800 $779,200 $782,600 $789,800 $795,600 2006/2007* 200712008 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 201412015 2015/2016 TAXABLE SERIES 2006B BONDS AMOUNT FISCAL YEAR (JUL Y 1 TO JUNE 30) YEAR OF COLLECTION: $121,006 $131,458 $132,058 $132,383 $132,433 $137,208 $136,433 $135,383 $134,000 $137,280 2006/2007* 2007/2008 200812009 2009/2010 201012011 2011/2012 2012/2013 2013/2014 2014/2015 201512016 * The levy for fiscal year 200612007 has been included in the budget previously certified and will be paid from available city funds. (NOTE: For example the levy to be made and certified against the taxable valuations of January 1,2005, will be collected during the fiscal year commencing July 1, 2006). -14- (b) Resolution to be Filed With County Auditor. A certified copy ofthis Resolution should be filed with the County Auditor of Johnson County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 ofthis Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 2006A" and GENERAL OBLIGATION BOND FUND, TAXABLE 2006B (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State ofIowa. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Series A Project Fund, or the Series B Project Fund, respectively, and expended therefrom for the purposes of issuance. Any amounts on hand in the Series A Project Fund or Series B Project Fund shall be available for the payment of the principal of or interest on the Bonds of each respective series at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the appropriate project fund at the earliest opportunity. Any balance on hand in either project fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, for the Series 2006A Bonds shall be deposited in the Series 2006A Bond Fund and accrued interest, if any, for the Series 2006B Bonds shall be deposited in the Series 2006B Bond Fund. -15- Section 5. Investments of Bond Fund Proceeds. All moneys held in the Series 2006A Bond Fund and Series 2006B Bond Fund, established by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2005 (formerly Chapter 452, Code ofIowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in anyone financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code ofIowa, 2005, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details. Execution and Redemption. (a) Bond Details. General Obligation Bonds ofthe City in the amount of $6,265,000, shall be issued pursuant to the provisions of Section 384.28 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2006A", be dated June 29, 2006, and bear interest from the date thereof, until payment thereof, at the office ofthe Paying Agent, said interest payable on December 1, 2006, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. (b) Bond Details. General Obligation Bonds of the City in the amount of $1,000,000, shall be issued pursuant to the provisions of Section 384.25 of the City Code ofIowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND, TAXABLE SERIES 2006B", be dated June 29, 2006, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1,2006, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Bond. The Bonds shall be in the denomination of$5,000 or multiples thereof. The Bonds shall mature and bear interest as follows:j -16- SERIES 2006A BONDS Interest Principal Maturity Rate Amount June 1st 3.625% $475,000 2007 4.000% $540,000 2008 4.000% $560,000 2009 4.000% $585,000 2010 4.000% $610,000 2011 4.000% $640,000 2012 4.000% $665,000 2013 4.000% $695,000 2014 4.000% $730,000 2015 4.000% $765,000 2016 SERIES 2006B BONDS Interest Principal Maturity Rate Amount June 1" 5.50% $ 70,000 2007 5.50% $ 80,000 2008 5.50% $ 85,000 2009 5.50% $ 90,000 2010 5.50% $ 95,000 2011 5.50% $105,000 2012 5.50% $110,000 2013 5.55% $115,000 2014 5.60% $120,000 2015 5.60% $130,000 2016 (c) Redemption. The Series 2006A and 2006B Bonds maturing after June I, 2014, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in -17- part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection ofthe names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book-Entry Form: Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange ofthe Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations ofthe entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee ofDTC. Payment of semi-annual interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records ofDTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) the payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any amount with respect to the principal of, premium, if any, or interest on the Bonds, or (iv) the failure ofDTC to provide any information or notification on behalf of any Participant or Beneficial Owner. -18- --_..__._--_.~._~.~-_...~------_.- The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, ifany, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with the practices and procedures ofDTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order ofthe Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relating to the surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices ofDTC thereunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, if such substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute depository as set forth below or, if a satisfactory substitute is not found, (B) provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) To the extent authorized by law, if the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17 A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide for (i) immobilization ofthe Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on -19- records ofthe depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Re~istration of Bonds: Aopointment of Registrar: Transfer: Ownership: Delivery: and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books ofthe Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. All Bonds shall be negotiable as provided in Article 8 ofthe Uniform Commercial Code and Section 384.3 I ofthe Code ofIowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee ofthe broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases ofthe transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and -20- regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order ofthe registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated. Destroved. Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon filing with the Registrar evidence -21- satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shaH only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution. Authentication and Deliverv of the Bonds. Upon the adoption of this Resolution, the Mayor and Clerk shaH execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 12. Right to Name Substitute Paving Agent or Re~istrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. -22- Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: I (6) I I (6) I I (7) I I (8) I I (I) I I (:l) I I (3) I I (4) I I (j) I (9) I (9a) I (10) (Continued on the back of this Bond) I (1l)(UXU) I I (14) I I (D) I FIGURE 1 (Front) -23- (10) (Continued) (16) FIGURE 2 (Back) -24- The text ofthe Bonds to be located thereon at the item numbers shown shall be as follows: Item I, figure I = "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF lOW A CITY" "GENERAL OBLIGATION BOND" "CORPORATE PURPOSE" "SERlES 200M" "GENERAL OBLIGATION BONDS" "ESSENTIAL CORPORATE PURPOSE" "TAXABLE SERlES 2006B" Item 2, figure I = Rate: Item 3, figure I = Maturity: Item 4, figure I = Bond Date: June 29, 2006 Item 5, figure 1 = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ Item 9, figure 1 = The City ofIowa City, Iowa, a municipal corporation organized and existing under and by virtue ofthe Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of (principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2006, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such -25- interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 3D-day months. SERIES 200M BONDS ONLY This Bond is issued pursuant to the provisions of Section 384.28 of the City Code ofIowa, for the purpose of paying costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the acquisition, installation and repair of traffic control devices and signals and equipping of the fire and police departments; the improvement and equipping of recreation grounds, including the Soccer Park; improvements to the Waterworks Prairie Park, including canoelkayak launch area and nature trails, construction of one or more park shelters and a fishing pier; acquisition of land for development of the Sand Lake Recreational Area; improvements to the Mercer baseball fields; and targeted area housing rehabilitation improvements; the acquisition of art for public buildings and areas and window replacement to a Recreation Center, in conformity to a Resolution of the Council of said City duly passed and approved. TAXABLE SERIES 2006B BONDS ONLY This Bond is issued pursuant to the provisions of Section 384.25 of the City Code of Iowa, for the purpose of paying costs of the construction, reconstruction, and repairing of improvements to public ways and streets, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its agent for registration oftransfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative ofDTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative ofDTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Bonds maturing after June 1,2014, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date ofcal\. -26- Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office ofthe Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shan be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code ofIowa, subject to the provisions for registration and transfer contained in the Bond Resolution. SERIES 2006A BONDS ONLY This Bond is a "qualified tax-exempt obligation" designated by the City for purposes of Section 265(b )(3)(B) of the Internal Revenue Code of 1986. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution ofthe State ofIowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the facsimile signature of its Mayor and attested by the facsimile signature -27- of its City Clerk, with the seal of said City printed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. Item 11, figure I = Date of authentication: Item 12, figure I = This is one of the Bonds described in the within mentioned Resolution, as registered by the City Controller. CITY CONTROLLER, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: City Controller Paying Agent: City Controller SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure 1 = (Seal) Item 15, figure 1 = [Signature Block] CITY OF IOWA CITY, IOWA By: (facsimile signature) Mayor . ATTEST: By: (facsimile signature) City Clerk Item 16, figure 1 = Statement ofInsurance Item 16, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney -28- in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or bond(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name ofTransferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Partnership Corporation Trust *Ifthe Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: -29- TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - ........... .Custodian............ (Cust) (Minor) under Iowa Uniform Transfers to Minors Act................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Section 15. Non-Arbitrage Covenants (Series 2006A Bonds only). The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds ofthe Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certifY as to the reasonable expectations and covenants of the Issuer at that date. Section 16. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. -30- Section 17. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all ofthe provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure ofthe Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes ofthis section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Section 18. Additional Covenants. Representations and Warranties of the Issuer (Series 2006A Bonds only). The Issuer certifies and covenants with the purchasers and holders ofthe Bonds from time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners ofthe Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (t) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 19. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 20. Oualified Tax-Exempt Obligations (Series 2006A Bonds only). For the sole purpose of qualifying the Bonds as "Qualified Tax-Exempt Obligations" pursuant to the Internal Revenue Code of the United States, the Issuer designates the Bonds as qualified tax-exempt obligations and represents that the reasonably anticipated amount of tax-exempt governmental and Code Section 501(c)3 obligations which will be issued during the current calendar year will not exceed Ten (10) Million Dollars. -31- Section 21. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this l1rh (~lC Mayor ATTEST: .~~ -J(. c)(.eAA.J City Clerk -32- M+c;' ~ Prepared by: Sylvia Mejia, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-_ RESOLUTION NO. 06-] 96 RESOLUTION APPROVING THE VANTAGECARE RETIREMENT HEALTH SAVINGS PLAN, A RETIREE MEDICAL AND DENTAL EXPENSE REIMBURSEMENT PLAN, WHEREAS, the City of Iowa City has employees rendering valuable services; and WHEREAS, the establishment of a retiree health savings plan for its employees serves the interests of the City by enabling it to provide reasonable security regarding employees' health needs during retirement, by providing increased flexibility in its personnel management system and by assisting in the attraction and retention of competent personnel; and WHEREAS, the VantageCare Retirement Health Savings Plan provides a method by which employees may designate eligible accrued sick leave, vacation leave and/or wages to allow for the use of tax-deferred dollars for the purchase of certain health care costs. NOW, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT the ICMA Retirement Corporation's Vantage Care Retirement Health Savings program is adopted and that the assets of the Plan shall be held in trust for the exclusive benefit of Plan participants and their beneficiaries. The City has executed a Declaration of Trust as required by the Plan naming the Finance Director as Trustee. Passed and approved this 13th day of June , 20~. @LJ~ ATTEST: %~----u-Y;I. ~ CITY ERK It was moved by O'Donnell and seconded by adopted, and upon roll call there were: r.orrp-iR the Resolution be AYES: NAYS: ABSENT: x x x X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn humanrelfreslvantagecare.doc EMPLOYER VANTAGECARE RETIREMENT HEALTH SAVINGS (RHSI PLAN ADOPTION AGREEMENT Plan Number: 801298 Employer Retirement Health Savings Plan Name: Ret i reme_Qt Hea I th Say i ngs PI an I. Employer Name: Ci ty of Iowa Ci ty State: Iowa II. The Employer hereby attests that it is a unit of a state or local government or an agency or instrumentality of one or more units of a state or local government. III. The Effective Date of the Plan: __JJ1l:L.l. 2006 IV. The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following welfare ben- efit plan(s) established by the Employer: V. Eligible Groups and Participant Eligibility Requirements A. The following group or groups of Employees are eligible to participate in the VantageCare Retirement Health Savings Plan: x All Employees All Full-Time Employees Non-Union Employees Public Safety Employees -- Police Public Safety Employees -- Firefighters General Employees Collectively-Bargained Employees ISpecify unit) Other (specify below) All permanent employees The group specified must correspond to a group of the same designation that is defined in the statutes, ordi- nances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. ~ If this box is Checked, in lieu of mandatory participation, the Employer provides for a one-time irrevoca- ble election by eligible Employees to participate in RHS. Until such time as the election is made, the E'mployee shall not participate in the Plan or receive contributions pursuant to Section VI. Newly eligible Employees shall be provided an election window of ,60 , days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate. Participation may begin no earlier than the calendar month following the end of the election window. If the Employee does not make the election in the year of initial eligibility, the election to participate may be made in a later year. An annual election window of 60 days (no more than 60 calendar days) shall be provided during which the election may be made. The election window shall run from OCT 1 to NOV 29 (insert your annual time frame for the election window, e.g. October 1 to November 29). Participation may begin no earlier than the calendar year following the year of the elec- tion. Once made, the election is irrevocable and may not be revoked while the participant is a member of the group covered by the RHS plan. If the Employer's underlying welfare benefit plan or funding under this VantageCare Retirement Health Savings Plan is in whole or part a non-collectively bargained, self-insured plan, the nondiscrimination requirements of Internal Revenue Code (IRC) Section 105(h) will apply. These rules may impose taxation on the benefits received 11 by highly compensated Employees if the Plan discriminates in favor of highly compensated Employees in terms of eligibility or benefits. The Employer should discuss these rules with appropriate counsel. B. Participant Eligibility 1. Minimum period of service required for participation is...NtA- (write N/A if an Employee is eligible to partici- pate or to elect to participate immediately upon employment). 2. Minimum age required for eligibility to participate is Jl,LL (write N/A if no minimum age is required). VI.Contribution Sources and Amounts A. Mandatory Contributions o 1. Direct Employer Contributions The Employer shall contribute on behalf of each Participant _% of earnings or $ Year. for the Plan Definition of earnings: Bi-weekly regular pay excluding overtime, stand-by pay, minimum call-in payor any other additions to regular pay. o 2. Mandatory Leave Contributions The Employer will make mandatory contributions of leave as follows: Accrued Sick Leave* 0 Yes o No Accrued Vacation* o Yes o No Other* (describe) o Yes o No * Please provide the formula for determining the Accrued Leave contribution: An Employee shall not have the right to discontinue or vary the rate of annual leave contributions. o 3. Mandatory Employee Compensation Contributions The Employer will make mandatory contributions of Employee compensation as follows: o Reduction in Salary - % of earnings (as defined in VIAl.) or $ contributed for the Plan Year. will be o Decreased Merit or Pay Plan Adjustment - All or a portion of the Employees' annual merit or pay plan adjustment will be contributed as follows: An Employee shall D.Q! have the right to discontinue or vary the rate of mandatory contributions of Employee compensation. 12 B. Elective Contributions 1. Elective Pre-Tax Contributions The Employer will permit each Employee to make the following elections to make pre-tax contributions to the Plan: I!J a. Irrevocable Election for Pre-Tax Contributions from Compensation: A one-time, irrevocable election of the amount of Employer contributions of compensation made on his or her behalf. The Employer limits the amount elected to either a fixed pl~rcentage or a range of percentages of an Employee's earnings .5 % of earnings (as defined in VIAl.) or up to VIAl) forthePlan Year. 25 % of earnings (as defined in Newly eligible Employees shall be provided an election window of ,60, days (no more than 60) from the date of initial eligibility during which they may make the election to contribute. Contributions may begin ,no eilrlier than the calendar month following the end of the election window. If the Employee does not make the election in the yeilrof initial eligibility, the election to contribute may be made ina ,later year. An annuill,election window of " ,.60,." ',' days (no more than 60) shall be ,provided during which the election may be made. The election window shal,l run from OCT 1 to NOV 29 , (insert your ,annual time frame for the election window). Contributions may begin no ear- lier than the calendar year following the year of the election. bnce made, the election is irrevocable and may not be revoked. I!J b.lrrevocable Election for Pre-Tax Contributions of Accrued Leave: A one-time, irrevocable election of the amount,ofemployer contributions of Employee accrued I!J sick o Yes I!J vacation o No o other (describe) leave made on his or her behalf. The EmPloyer limits the amount elected as shown below: " . SlIhjpct to 1imit~tinns and terms provided in Collective Bargaining Agreements, r.;ty 1'01;";1'5, ~ndFmp1oympntRenefitsManua1 for each discreet unit. Nevylyeligible Employeesshall be provided an electi6n window of 60 days (no more than 60 calendar days) frOm the date of initial eligibility during which they may make the election to contribute. Contributions may begin no earlier than the calendar month following the end of the election window. If the Employee does not make the election in the year of initial eligibility, the election to contribute may be made inalater Vear. An annual election window of _ 60 days (no more than 60 calendar days) shall be provided during which the election may be made. The election window shall run from on 1 to NOV 29 (insert your annual time frame for the election window). Contributions may begin no earlier than the calendar year following the year of the election. Once made, the election is irrevocable and may not be revoked. o c. Annual prospective Election for Pre-Tax Contributions of Leave: An annual, irrevocable election to have his or her 0 sick 0 vacation 0 other (describe) leave to be accrued in the next calendar year contributed to the Plan on his or her behalf. 13 The Employer limits the amount elected as shown below: Contributions of future leave accruals will be remitted to the Plan o as earned o at the end of the calendar year. The election to contribute must be made in the calendar year before the year in which contributions are to begin. Once made, the election shall apply to succeeding calendar years unless otherwise revised or revoked by the Employee on an annual basis. An annual election window of ~days (no more than 60 calendar days) is provided during which eligible Employees may make the election to contribute. The election window shall run from to (insert your annual time frame for the election window). In adopting section a,b, and/orc, the Employer acknowledges that the Internal Revenue Service has not ruled on irrevocable e.lection contributions inan integral part trust. ICMA-RC has obtained the advice of counsel that such contributions are allowable under the conditions outlined in this Adoption Agreement; The Employer should discuss this issue with appropriate counsel. 2. Voluntary After,Tax Contributions Each Employee may contributeup to--'-----,-% of earnings (as defined in VIAl.) Or $ for the Plan Year on avoluntary after-tax. basis. In noevent.may aggregate Employee voluntary after-tax contributions exceed 25% of total contributions in any Plan Year. An Employee shall have the right to discontinue or vary the rate of elective after-tax contributions of Employee earnings. By adopting this section, the Employer acknowledges that the Internal Aevenue Service has declined to rule on Employee after tax contributions in an integral part trust. ICMA-HC has obtained the advice of counsel that such contributions.are allowable inan insub~tantial amount (Le. no more than 25% of total contributions in any Plan Year). The Employer should discuss this issue with appropriate counsel. C. Limits on Total Contributions The total contribution on behalf of each Participant (including both Mandatory and Elective Contributions) for each Plan Year shall not exceed the following limit(s): o 0$ iXl % of earnings (as defined in VI.A.l.). There is no Plan-defined limit on the percentage or doll", amount of earnings that may be contributed. Limits on individual contribution types are defined within the appropriate section above. See Section V.A. for a discussion of nondiscrimination rules that may apply to non-collectively bargained self- insured Plans. 14 VII. Vesting Schedule A. The account is 100% vested at all times, unless specified otherwise in B. below. B. The following vesting schedule applies to Direct Employer Contributions outlined in VI.A.1: Years of Service Completed Specified Percent Vesting % % % % % % % % % C. The account will become 100% vested upon the death, disability, retirement, or attainment of benefit eligibility by a Participant. Definition of retirement: D. Any period of service by a Participant prior to a rehire of the Participant by the Employer shall not count toward the vesting schedule outlined in B. above. VIII. Forfeiture Provisions Upon separation from the service of the Employer or upon reversion to the Trust of a Participant's account assets remaining upon the participant's death (as outlined in Section XII, a Participant's non-vested funds shall: o Remain in the Trust to be reallocated among all Plan Participant's as Direct Employer Contributions for the next and succeeding contribution cycle(s). o Remain in the Trust to be reallocated on an equal dollar basis among all Plan Participants. o Remain in the Trust to be reallocated among all Plan Participants based upon Participant account bal- ances. I]J Revert to the Employer. In the case of separation from service, the Participant's non-vested funds shall be applied as shown above. In the case of reversion due to the Participant's death under Section XI, the remaining account assets shall be applied as shown above. IX. Eligibility Requirements to Receive Medical Benefit Payments from the VantageCare Retirement Health Savings Plan A. A Participant is eligible to receive benefits: At retirement only (as defined in Section Vll.e.) X At separation from service with the following restrictions NONE At age only At retirement and age At retirement or age 15 B. Termination prior to general benefit eligibility: A Participant who separates from the service of the Employer prior to attaining benefit eligibility as outlined in Section IX.A. or C. will be eligible to receive benefits: I!l Immediately upon separation from service. o At age C. A Participant who dies or becomes totally and permanently disabled (as defined by the Social Security Administration) will become immediately eligible to receive medical benefit payments from his/her VantageCare Retirement Health Savings Plan account. X. Permissible Medical Benefit Payments Benefits eligible for payment consist of: A. All Medical Expenses eligible under IRe Section 213* other than direct long-term care expenses, OR B. The following Medical Expenses (select only the expenses you wish to cover under the VantageCare Retirement Health Savings Plan): _x Medical Insurance Premiums Medical Out-of-Pocket Expenses* Medicare Part B Insurance Premiums Medicare Supplement Insurance Premiums COBRA Premiums Dental Insurance Premiums Dental Out-of-Pocket Expenses* Long Term Care Insurance Premiums Other (Must be eligible under IRC Section 213)* x x x X X * See Section V.A. for a discussion of nondiscrimination rules which may apply to non-collectively bargained, self-insured Plans. XI. Death Benefit In the event of a Participant's death, the following shall apply: Account Transfer: The surviving spouse and/or surviving eligible dependents (as defined in Section XIII.F.1 of the deceased Participant are immediately eligible to maintain the account and utilize it to fund eligible medical bene- fits specified in Section X above. Upon notification of a Participant's death, the Participant's account balance will be transferred into the Vantagepoint Money Market Fund*. The account balance may be reallocated by the surviving spouse or dependents. * Please read the current prospectus carefully prior to investing. An investment in this fund is neither insured nor guaranteed and there can be no assurance that the Fund will be able to maintain a stable net asset value of $1.00 per share. Vantagepoint Mutual Funds are distributed by ICMA-RC Services, LLC, a controlled affiliate of ICMA Retirement Corporation. Member NASD/SIPC. If a Participant's account balance has not been fully utilized upon the death of the eligible spouse, the account balance may continue to be utilized to pay benefits of eligible dependents. Upon the death of all eligible depend- ents, the balance will be available for medical benefits for the designated beneficiary of the last dependent or spouse to die. Assets remaining upon the death of a designated beneficiary shall be available for medical bene- fits of the beneficiary's designated beneficiary. If there is no living beneficiary(iesl, the account will revert to the Plan to be applied as specified in Section VIII. 16 There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the Participant's spouse's or dependent's designated beneficiary(iesl. If there are no living spouse or dependents at the time of death of the Participant, the account will be available for medical benefits for the designated beneficiary(ies) of the Participant. Assets remaining upon the death of all designated beneficiaries shall be available for medical benefits of the beneficiary's beneficiary. If there is no liv- ing beneficiary(ies), the account will revert to the Plan to be applied as specified in Section VIII. There will be no elective withholding of federal, state, or local taxes for medical benefit payments to the Participant's beneficiarylies) or any beneficiary's beneficiary. XII. De Minimis Accounts Upon separation from the service of the Employer prior to a Participant becoming eligible for medical benefits from a VantageCare Retirement Health Savings Plan account, Participant accounts that are considered de min- imis as specified below will be paid to the Participant. o The de minimis account value shall be $5,000 or less. n The de minimis account value shall be $ $5,000) or less. linsert dollar amount between $0 and o The Plan shall not allow de minimis account distributions. XIII. The Plan will operate according to the following provisions: A. Employer Responsibilities 1. The Employer will submit all VantageCare Retirement Health Savings Plan contribution data via electronic submission. 2. Participant status updates and/or changes or personal information updates and/or changes (Participants' termination dates, Participants' benefit eligibility dates, etc.) will be provided via electronic submission. B. Participant account administration fees will be paid through the redemption of Participant account shares, unless agreed upon otherwise in the Administrative Services Agreement. C. Employer plan fees will be paid by the Employer as outlined in the Administrative Services Agreement. D. Assignment of benefits is not permitted. E. Payments to an alternate payee (payee other than a Participant) are not permitted with the exception of reim- bursement of health insurance premiums to the Employer. F. An eligible dependent is the Participant's lawful spouse and any other individual who is a person described in IRC Section 152(a). G. The Employer will be responsible for withholding, reporting and remitting any applicable taxes, as outlined in the VantageCare Retirement Health Savings Plan Employer Manual. XIV. The Employer hereby acknowledges it understands that failure to properly fill out this Employer VantageCare Retirement Health Savings Plan Adoption Agreement may result in the loss of tax exemption of the Trust and/or loss of tax-deferred status for Employer contributions. 17 EMPLOYER By: Title: Attest: Accepted: Vantage point Transfer Agents, LLC 1~ a. 1~ Corporate Treasurer 18 VantageCare Retirement Health Savings Plan Implementation Data Form - Page 1 ~ Instructions to Employer: Provide necessary information to establish your plan properly. Please contact your New Business Analyst at 1-800-326-7272, if you have any Questions. leMA RETIREMENT CORPORATION ICMA-RC Use Only 1. Employer # General Information 2. 1902) Employer's Full Name: rity Of Towa City 3. (9241 Street Address: 410 F W;ashingtQn St (925) 4. 191 BI City: (919) State: ~~~a Cit~ T wa 9201 Zip Code: 52(40 5. 1633) Primary Contact: 'yhfia Mejia 6. (634) Primary Contact Title: P~~~nnnpl Admin;~t~~tnr 7. (631) Primary ContactTelephone #: L.~..!!J 356-5026 B. (632) Fad: Ln9...! ,<;Ii_<;071 9. IPTOO) E-mail Address: <y1vi._mpji.f<liow._rity org 10. (BB2) Employer's Federal Tax Identification Number: 4?_li004HO<; 11. # of Employees: Ii,<; 12. # of Employees Eligible for Plan Participation: Ii,<; 13. # of Employees Eligible to Receive Medical Benefits: Ii,<; Plan Implementation Information 14. Plan level Quarterly Statements: (Note: *; defaultl a. Sort Order: (6291 IJl S;SSN* 0 N;Name b. Output Media: (627) Q!l P;Paper* 0 M;Microfiche c. Type: 1626) ~ S;Summary* 0 O;Oetail o B;Bound 15. (611) Contribution Information: INote: *; default) a. Frequency: Ie heck one): [l10) Bi-weekly* o 11) Weekly o (2) Semi-weekly o 13) Bi-monthly o ( ) Other: o (4) Monthly o 15) Semi-Monthly o (6) Bi-quarterly o 17) Quarterly o IB) Semi-quarterly o (9) Bi-annually o 110) Annually o (11) Semi-annually b. Deposit Medium: (624) 0 Check * o Wire !Xl EFT c. Data Medium: EZ link Required to participate in RHS Plan d. First Contribution Date Following Implementation: ICMA Retirement Corporation' Alln: Records ManagemenlUnit. P.O. Box 96220' Washington, DC 20090-6220' Toll Free 1-800 669-7400 20 VantageCare Retirement Health Savings Plan Implementation Data Form - Page 2 ~ Plan Contacts (If any item #16-21 is left blank, the Primary Contact in #5 will receive mailings leMA RETIREMENT CORPORATION Payroll Contact ILl,; ~ fJj.2h,,/j Inlormation 16. PTOl Contact Signature: (2001 Contact Name: Robin Marshall Please indicate (2001 Contact litle: Ci ty Controller alternate (420) Telephone: I 313 356-5085 ~13 356-5027 addresses in Coments Section 17. PT08 Contact Signature: {~JJc; 1200) Contact Name: Chri s HLlrl bert 1200) Contact litle: Payroll Accountant (4201 Telephone: ( 313 356-5084 Fax: I 313 356-5027 18. PT09 Contact Signature: (2001 Contact Name: (200) Contact litle: 1420) Telephone: 1_) Fax: (_) Contribution 19. PT02 12001 Contact Name: fhY'i < Hllrl bpY't Contact (200) Contact litle: Payroll Accountant Information (420) Telephone: (-319 3~h-~nRLl Fax: 13.l9...1 3~h-~n?7 Trustee Contact 20. PTl 0 (2001 Trustee Name: Kp,vin n'M;dlp.y Information 1200) Trustee litle: Finance Director 12001 Trustee Address: 41n F W~c:hin9tnn St Street City Tnw~ rity State Tnw~ Zip ~??Lln (420) Telephone: I 31~ 356-5053 FaE ~19) 356-5027 Billing (Fees) 21. PT06 12001 Contact Name: Kevin O'Malley Contact (2001 Contact litle: Finance Director Inlonnation (420) Telephone: (319) 356-5053 Fax: I 31~ 356-5027 Comments: (Alternate Addresses for #16-21) Internal Use Only 641 912 608 - - - ICMA Retirement Corporation. Attn: Records Management Unit. P.O. Box 96220. Washington, DC 20090-6220. Toll Free 1-800 669-7400 21 City of Iowa City MEMORANDUM ~ DATE: June 7, 2006 TO: Ron Knoche, City Engineer FROM: Daniel Scott, Sr. Civil Engineer'DZ5 re: 2006 Asphalt Overlay Project The bid for the 2006 Asphalt Overlay Project was higher than the Engineer's Estimate for the project. In accordance with City policy, the bid and engineer's estimate were reviewed by an outside consultant familiar with the work. The finding was that asphalt material costs have increased sharply over the last two years and is the primary reason for the bid being higher than expected. Unfortunately these material costs will not be any lower in the near future, so it will not help to re-bid the project. I recommend awarding the project to L.L. Pelling Company. -=<.s- ADVERTISEMENT FOR BIDS 2006 ASPHALT OVERLAY PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 1 0:30 A.M. on the 23rd day of May, 2006, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids sub- milled by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted u~on by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 13 h day of June, 2006, or at such later time and place as may be scheduled. The Project will involve the following: 4550 tons of asphalt, 17,700 sq. yards of pavement milling, 880 feet of PCC curb and gutter replacement, chip sealing and related work. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City Engineering Division, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Liquidated Damages: $400/day Completion Date: August 25, 2006 The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the City Engineer of Iowa City, Iowa, by bona fide bidders. A $10 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK M-h () Prepared by: Daniel Scott, Project Engineer, 410 E. Washington SI., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 0"-] 97 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2006 ASPHALT OVERLAY PROJECT. WHEREAS, L.L. Pelling Co., Inc. of North Liberty, Iowa, has submitted the lowest responsible bid of $456,253.30 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to L.L. Pelling Co., Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 13th ,2006. LV MAYOR ATTEST: ~~ A! CI LERK ~auJ Approved by Ifr#!?t!~ City Attorney s Office (p/(,/O(, It was moved by Elliott and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: ABSENT: x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x pwenglresl06asphalt-awrdcon.doc 06/06 M~ ~ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO, nh-l qR RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code S 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the publiC hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code S 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges-, sidewalk repair charges and stop box repair charges as stated in Exhibit A are confirmed and levied against the properties listed in Exhibit A. - All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on July 14, 2006. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until July 14, 2006 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Resolution No. Page 2 06-198 The City Clerk is further directed 10 pUblish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code S 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this 13th day of June , 2006. rZ LJ jJ,. Mayor ~ ATTEST: !?t~-UJ~!!. ~ City C rk APpr~ C, -<;. -O~ City Attorney/s Office It was moved by Champion and seconded by adopted, and upon roll call there was: Bailev the Resolution be AYES: NAYS: ABSENT: y y x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn sue\Ord&Res\AbateRes.doc -~_.~~---~..._--._~-< -----'".---.-----.---..-....------.- ~ '6 -> '" o \f1 \ ~~ ~\2Z- . ~ . ~ ~ . 0 " > .. . 0 .~ . ., '6 .. 0 u . 0 ~ . ., '6 . .. a ~ . . ~ ., c . a: a: " . "- 0 w 1: ~ a: 0 x . 0 ., N 0 . aI c "- 0 , 0 >- ~ ., . a . z . . '" . /: . '" a: . w ~ aI "- c 0 a . >- a: a . "- . ~ ~ t' a . . ~ "- 0 0 " .t Z .t '" w . J 0 U .. " > ~ z . i: . 0 i! " ~ a '" " , "- z . ~ " E ~ 0 0 z w .. J . " a . w "- " u ., >- z w " ., ., w ., ., '" /: c " ,g ~ ~ " Q 0 . ~ . 0 " /: .. . " J . . . .a ~ '" ~ . ~ 0 .t + ....sJ '- ~ :, ~ ~ --.::::.. <- '^ -: ~ ~ ~ ~- ~y~ ;. '-.,) \J\ ..--, "----/ ;;; ";! 0 ~ " ~ ;;; ~ 0 0 N ;;; J :; 0 " w 0: " 0 z ., 0 >- '" " z :'i J '" 0 0 a ~ ~ N ~ N "' ~ " ~ ~ :;; 0 " z 0 " 0 0 '" 0 0: ~ ., 2 :J '>lm ,,~ ~J ~w ~~ 85 ~J >- ., 0 0: '" >- '" <D ro 0 ~ ~< "'- ~ ~ 0 N ~ 0 ro m 0 ;;; ~ 0 " N !'! " a: " "- w a: '" J '" " W 0 '" " "a: Jw woe 0.... >-'" JW UI rici ww ........ :;!:;! WaI " " a N m .; ~ ;;; N " ro ;; ~ " '" ~ 2 0 " 0 0 '" :;;~ w.... 0:0 UJ 2a1 ".... OU ....'" ~a: ,.... ~~ :;l.... NO: 0: 0 0 a: 0 ~ 0 '" 0: aI ~ m N <l ~ N " ~ N ~ N "' ~ " " " l;; W ~ " 2 '" W J U /: a: w ~ o a: ~ " '" :J J i: '" W J '" U " <D " " a ~ " '" m "' ~ " ~ ro ;\ " " ~ o ., .... a: '" ~ 2 o " o~ 0", "'J .,<D >-ro w~ "" w~ a~ .1,., ~.... ~O " J .... ., >- w " w o ~ ~ m ro ro N ~ " " ;;; ;;; ~ " " N '" S; 0: " ~ w 0: '" J ~ W 0 in ~'" :JO J2 ~~ ....i...i ww ZZ "'''' 00 " " a ro w N "' " " ro ~ ~ N " " .... " 0 ., 2 w W 0: " W " "'~ J~ J~ >.b ";!J ~N '.... ~~ N~ .... ., a: w > 0 a ~ ~ ~ ~ ^" \.~ ~ " G- ~ I ro m ";! ~ ro .; ro "' ~ " " N '" " J :; 0 " W 0: 0 W W " .... 2 W '" " " W 0: " <l " ro ro N ~ ;;; N " ro " 0 " ~ 0 2 "N o~ ....'" JJ ",<D z~ (0.... -0 O:J 2/: NU ~'" :3;;: ,,0 .... ., ., a J '" 2 0 a: ~ N ~ ~ ~ ~ 0 0 .; ro "' ~ " " N ;;; ;:; J :; 0 " W 0: " 0 z ., J W Z '" a Z '" " ~ 2 '" " " " iil ~ ;;; ~ 8 m w ~ " ~ .... 0 J 2 0 " 0 0 '" ., a: :Jl~ 0.... ",0 ~J '''' ~" ;!" .... ., .... a: " 0 U W " N ~ ~ N N ~ ;; " " ~ '" ~ ;;; ~ m " ~ ;;; ~ " " N " ~ ~ " " N " N " ~ " o N ~ ~ " 2 ;jj J U /: a: w ~ o a: ~ W 2 " ., ii' " U i! o " " " a ~ N "' W ;;; .... ., 0: o 2 0: W > o " ., ro N ~ \ \ ) w ro ";! ~ N ,,; " ;;; ~ 0 " N " N J :; " " W 0: " 0 z ., z 0 " '" w a: U w a: w " z w > '" w ., OU 0:0 J., W., "'" 0 " a w w '" w "' - " " ro N N ~ S; 00"0> :riz zz~~.;;;g Qrin~z(')~ ~1-:::Jci<.O'Vll.. :?:'3W......:;js:o Oo::~w'<t ,-I- 3o~_i:cls~~ U) u..., o. ~ <X;l (f)s:~"<t~~~ OCl) (/)..,..:.z..... ~ u.. wi'-..... f..: $ ~O<.'J~Zo z w..... -_"<t <.'J (f) DIJ")f-.:.....W w~~~~:s~ SoZW.....<.9w <7 ~ i--.i'!'_s~~- ;:<.'J~~(9~1i .....Wf") ill ..... Mro....UJOUli.O 0: 0 "' a z ~ ., w " M " N . rn . ~ ~ . 0 " > E . 0 i' . '" '0 ~ . 0 u . 0 ;; . '" '0 $ . C "0 ~ . "0 C . a: . 0 ~ ;; 0 . 0 '" N . C , ~ "0 . . . . . . 0< . . CD 0 c ,... . . 0 . " . . C- e 2 ~ ~ . , .. > "0 . . l! C- o< . ~ E , z .. ~ . ~ ~ c o ~ C- '0 o . . c .. . ~ ~ M ~ ~ 0 0 <0 N ;;; ~ 0 0 N '" ~ 0< > C " W '" " 0 z '" '" =; 0 ~ ~ a: ~ I U '" 0 0 <0 M M ;" ;;; " 0 ~ 0 " " f.- "M OZ 0':-: "'0 ,...~ O~ ~~ ~O O~ i:~(I) (JOt-- o<u~ "W~ 0"''' J;o~ ~~Z ~~t-- _MW ,... '" W " 0 0 0 Z ~ N ~ ~ ~ N ~ 0 0 " M N M ~ 0 0 N " ~ a: " ~ w '" '" ~ ~ W 0 U; u:"f -u Z_ -'" ",... 0-< o~ ...:....- "'''' ww "'''' ~~ 00 >> 0 0 <0 ~ ~ ;;; ~ 0 0 0 ~ N " Z 0 ;:: 15 0 -< "' 0 0 0 ,,~ "'~ -<N 0"" ~g N~ ''''' ~~ <:~ ,... "' w " '" Wo "a: OI ~O E~ M'" ~ ~ ~ 0 '" ~ '" ~ M ~ 8 N " '" ~I "'\ \ 0 ~ W :f 0 " '" " W W " 0 0 0 ;0 " N ;;; m 0 0 M ~ M ~ " l~~ Idz >=> '" W a: f- z 0 " "''' o=> "z ~- N" 00 " .b " ~ 0 ~ ~ '" ~ ~ :> w , ~ z ;z 0 " " ;! . . . ;; "0 0< ~ t: . 0; M 0 ~ ~ N 0 ~ 0 ro 0 0; N ;;; M ~ ~ 0 8 0 N " " 0 M '" ro '" 0 ~ ~ ~ " 0 ;0 " ",,,,W =>w'" OIO I"'W o<w ~33 "' ~ a: f- '" W f- '" 0 ~ 0 0 g ~ " M ;;; g ~ ro N M N ~ a: 0 z ~&l 0- of- 00 ~~ ~f- ~'" 0-< I~ NZ mo It: roo ~S! W > -< "' Z '" => '" ro ro ~ N "' 0 N ;f, M W ~ 0 0 " '" ~ '" " ~ W a: '" ~ -< " W 0 u; ~ >!!-< zz -<-< 00 (jt5 ZZ :J:::::i "'''' WW f-f- "'"' 0 0 0 M ~ ,.; ~ ;;; ~ 0 0 N ~ N ro " f- '" 0< ~ '" f- I " W I '" ~ " Z :> a: '" ~~ ~~ If- ~O N~ ;!~ 0 '" Z W W '" " W 0 ~ ~ ~ 0 ro N ;; ~ 0 ro m 0 ;;; ~ 8 N ~ " '" " ~ W a: '" ~ ~ W 0 u; a: ;2 Z -< f-'" z:i w-< :J.12 =>-< >'" 0 0 0 ~ ro. ;;; ro 0 0 :g :; N ~ :i: f- => 0 '" Z W W '" " W "M :'i~ dO >~ M'" NM 'f- :I'" m-< N~ f- 0 0 ~ I -< Z Z -> 00 "" WW a: a: 00 WW WW "" Z -< "' => '" '" '" W > 0 0 0 ~ N .,; ~ ;;; N 0 0 ro 0 M M ~ M f- a: -< ~ z 0 ;:: 15 0 -< f- '" W '" 0 Z " 0 >; NM re", W ~ W Z :> ~ w ;;; N 2 ~ ~ ~ N ~ 0 ro 0 m N w ~ 0 0 N " ~ '" " ~ W '" '" ~ -< " W 0 u; -< 0 a: - '" 0 0 0 " 0 0 0 0 ~. ;: ;;; g M M M M " f- '" -< ~ z Q~ to", O~ 0'" -<M f-f- ",0 W~ "'0 Oz ~Q 0," f-> <70 ~'" .b=> ~'" ro N,c W > -< W z :> -< " m N ~ N M m N ~ 0 ~ 0 N ;;; :g, 0 N ro " '" " ~ W '" '" ~ ~ W 0 u; z 0 z z - W '" f- Z W '" Z ~ 0 0 0 ro m. N ;;; ro 0 0 N M ;;; " f- '" -< ~ z 0 ;:: 15 0 -< ~ ~. I~ f-~ gj" OX OW roro (:;iN 'f- roO :;;~ O~ ,... "' ~ I '" 0 z W ii' ~ ro 0 0 M y ~ ~ ;;; ~ ~ 00 00 N N 22 (DlD ~ o o N M "' ~ N ~ M ." M . ~ . a. " . u "0 > .= . u ?: . Ul 0 ~ 0 . u ?: . Ul ." S . c ~ ~ . ~ 0 . " . u w ?: 0 . 0 Ul N . 0 , , ~ . . . . . . '" . . III 0 0 >- . . 0 . " . . ~ 2 2 a. 0- . , ;;; > ~ . . i! '" . ~ E , z .. 2 . a. ~ o o ~ 0 w '" N 0 0 :e ;;; M 0 0 N in 00 a. => z < w ~ 0 !: " w a. 0 " a. >- w z '" ci w " => < " 0 0 6 0 00 00 W N U) 00 8 " ;; " z 0 z 0 F 0 c < Ul ~ ~ I >- " fuN "'''' oo~ ~'" ~~ ~b O~ >- Ul >- " " => Ul Ul :; ;;; M :; ;; o 00 ,,; o ;;; M o o " " W " " a. w " '" ~ < ;< W o W < " '" W o -' ~ < o z w '" 8 6 ~ "' ~ ;;; . u . . C ;;; ~ . ~ >- Ul Z W " => '" z ~ z ' . . ~ ~ ~ < ~ . ~ 2 a. c~ C~ " ~ N 0 0 6 M U) M 0 0 N in 00 a. => z < w ~ 0 !: " w a. 0 " a. c " ~ 0 0 6 w N " 00 U) " v 0 ;1; ~ :; >- 0 ~ z 0 F 0 0 < W M ii 'i - 0 Ul :'i " ::> 0 0 M 0 ~ N M ';! M N ;::: U) M o o N in ~ ~ o " w " ;< o z U) M M ~ 0 " ;::: U) M 0 0 N in " ~ ~ 0 " w " ;< 0 Z Ul Z W " " ~ ui III '" '" Ul 8 0 ~ N N N U) ~ 0 0 00 00 M " ~ 0 z 0 ~co ><<l o~ ",Ul ~b U)~ ,,=0 06 UlN "0 <>- O~ ~~ "'''' 00>- vO O~ w z F < 0 '" => " M N ~ ~ ~ ~ Q: .~ '" c... '" M M e- M ;;; '" o o "' V U) o o 6 V U) M o o " S ~ ~ o " w " ;< o z '" w o 5' " w '" " W~ !;:~ ;<<3 ~ ~ o " w " C W W ;< '" < " o I >- Z < Z I " => :'i ~ < a. vi " < :J ~ ii o o 6 V ~ 6 V ;;; '~ ~ e- M 00 :; 0 a 6 V U) \ V 0 0 " V ~ " " a. w " w z :J " w >- ~ / <Ii 0 " " vi => " 0 >- 8 a a 00 '" ~ ;;; 00 \ a a J, :; " M ( >- 0 ~ \ !: <3 < ;< Q in <Ii "! ~:; N'" ~~ W > < w \ z F \ < 0 '" => " , ;; ~ [Xhib;J I{ f3 il I ~ i -....= -.... ...r--...... ~~II~;!!!:~ ""~...IIII.'- ........ ... CITY OF IOWA CITY June 6, 2006 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 [319J 356-5009 FAX www.icgov.org Name Address City, State, ZIP Dear Property Owner: This is to notify you that the City Council will be considering a resolution on June 13, 2006 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy ofthe bill. Ifthe City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact the City Accounting Division at 356- 5083. Sincerely, Marian K. Karr City Clerk Ene. Copy to: Accounting Division-w/enc. ~ ~ ~ 15 . o . a. ~ o o N . " , , " . . . . . ~ . ID r= . . t' . ~ e a. -+. --0 '- -.s:::: ~ ~ '" 0: ;;: a. w 0: >< o ID a. ~ '" o Z " ~ 0: W a. o 0: a. ~ o a. ::> Z " w -' o <5 Z ~ " o ;;: a. Z ::> ~ o w -' ::> o w :< o '" .... Z W " '" '" w '" '" " ~ " ~ Q ~ o ~ " .. . U 'g " . u l' . '" 15 . o o ;; ~ o ~ ~ M ;;; . u l' . '" 15 ~ . o ~ 8 N ~ "l! . " " . 0: . u l' . '" ... :; o " W 0: ;: o Z '" " . " ~ e .. . , "ii > " . . i! " ~ E , Z .. ~ ~ " o '" "" u . ~ "ii -' . . ~ " ::i' . e .. - V 1/- / /~ .... o o " I;;~ w.... 0:0 0-' ~~ 00 ....~ ~.... .J,~ ~li: ~ ~ - M o N ~ o 00 --.... g \;;; f\ 0: ;;: a. w 0: '" ~ W o in o ~ '" z :5 ... " :;: o ~ ID N M N ~ " "0: "'w w:< 0.... >-" ...w 0:< l:ici ww ~~ o o <> N '" gi ;;; 00 <; ;g ~ N ~ M <'> ~ Z o " o o " o 0: M '" Z :; "'''' a", ~... ~'" d>~ ~~ ~... I;; o 0: ~ '" 00 o ~ 0: o o 0: o "- o ~ '" ID a; N r- ~ N 0- ~ oj ~ N ~ .,.- 8 ~ ~ vi w -' '" o ::> *- o <> M o "' '" ~ "- o '" .... 0: ;1: Z o " OM 0", "-, "'''' >-00 w~ ;:" w~ 0_ .I.'" ~.... ~O 2..:..... .... '" >- w ;: w o ~ ~ :! N ~ o ID 8 M ~ ~ o o N " ~ ~ o M M ~ " "0 0.0 Z" 0.... -'" i=w 00: 00 ;':~ "'0 iiJ.... 0"-0 "OW "'~'" o~5 .......w ","'0: -,"'N ,........ -00: ~...Jc:( NMo. .... '" 0: W > 0: " o ~ 00 00 N ~ o o ;; ;;; ~ o o N ~ o <; 00 ~ <l ;> :< ':; o '" Z W W 0: " W ,,~ :5- ...- >15 ~-' ~N I.... 000: ~~ .... '" 0: ~ o o ~ o '" ~ ~ 00 <0 ~ N ~ ~ o o N " N '" z ~ ::i ~ o "'- ~ "" N ~ z o " o o " '" o o o ~1;j ,,- ob 1;j-' ~M I.... ~o: ~a: .... '" 0: W .... '" Z " .... '" w ;: Z M 00 '" ~ ~ 00 .; lil ~ 8 ~ " ~ J .../ r w 0: o W W ;: .... Z W '" <5 " W 0: " 8 <> 00 00 N ~ ;;; N <; ~ o ~" ~ o Z ;:N 0- ....'" -,-' "", z~ a.... -0 0:-, ~~ ~[5 .,,, M;: ~o .... '" '" o ... " z o 0: ~ N ~ ~ M ~ 8 ~ / V ~ ... :; o " W 0: ;: o Z '" -' w Z " o Z " :< ~ Z ~ 8 ~ N ;;; ~ ~ M ~ '. . "< ...... o ... Z o " o o " '" 0: ~~ ~b 1~ ~;: :!" .... '" .... 0: ::> o o w o N ~ -::#'.;zb ~ N N ~ 0 ~ ,; ~ ;;; ~ 8 ~ ~ ~ 0: ;;: a. w 0: '" ... ~ w 0 in ... fO '" ~ft: 0:< ,,, ~~ ww ...... "'''' <1i<1i :<:< 8 Iii ID .; 0 ;;; ID N 0 N 00 M M ~ :< .... ::> 0 '" .~. W "ID :5~ :::!t; ~-' "f~ ~.... O\~ NO. I;; 0: w > 0 0 ~ ~ ;; ;> ~ '" " ~ ;;; ~ 8 ~ ~ ~ ;> a. ::> Z <1i ... " ~ 0: W a. 0 0: a. w Z " '" 12 :< " p! 0 :< 8 0 ~ N " ID ;;; ~ ~ M N ;> .... 0 WID o.~ ",N 0.... 0:0 ..... ....~ z.... ::>0: 0" "a. IDZ NQ .J,Co IDO 000 -" 0: 0 0 0 ~ -' w 0 00 ~ ~ o N . ~ . a. .. . 0 ~ .. 0 0 1: 0 "' 1; ;; 0 0 0 0 1: 0 "' 1; S . c II 0 "0 C 0 '" 0 0 ~ 1: 0 0 0 "' N 0 C , , i . ~ . ~ . . .. 0 {!. ~ . 0 i' 0 ~ e e D- D- O , ;;; > i . i! .8 E , z ;;; ~ . D- c Jl "C o . o! ;;; '\ '" ~\ '" '" N "'0> '" N ~ ill ~ ~ ~~ .. .. '" :;j N N ~ ~ 0 \ 8 ~ 0 0 ~~ 0 0 N 0 ., 0 N "'''' 0 '" i8 ,; 0 a; <0 ;Z exio:j " '" '" N N ljlO> M ~ ;;; ;;; ;;; "' ;;; '" N "' "' "' 1\ ~ ~ \1 ~ ~ ~~ ~ ~ 8 8 8 0 88 8 8 0 ~ " " N t::!!::::! N ~ M " m ill ~~ ~ M _N ~ a; Iii """ ~ ~ / '" 0: 0: V 0: ~ ;;: c ~ ~ ;;: ~~ ;;: " a. ~ " " a. ~~ ~ a. W '-" W W 0 0: '" 0 0 '" 00 0: " '" " " '" "V '" '" W ~ o:o:W W ~ ww ~ ~ 0: ~ ::>wo: \~ ~ 0:0: ~ ~ ~ aID DO 0 W I"'W ~ W WW W W Z 0 ~~~ 0 WW 0 0 "' in in ~ in in Z cV/ 0 ~ 0: 0 ~ W 0: " 0"; W '" "' -0 0: ::> :J "' 5 <!!'" z_ Z ~ 5' 0 ZZ -0: ;2 W 3i'" "I- ~ ~ "'''' Z 0", Z " z!.!:! ~a '" DO. '" W 0,5 I- "' 1--"": 1-"' VV ::> ZI "' en.', ~ "' 0:0: 00 ill", ui ww W'" 0:0 "'''' :J::> ~U> I~ ~ I "' ~~ .0: W"' 0 W gg ::>'" "'" a. "' "'"' > >'" 0 ~/ 8 8 8 '\ 0 8 8 0 0 <0 ~ 0 0 Iii 0 Iii ill '" '" ~ ~ '" .. N "'. ri " -j: ri ~ ~ '" '" ~ f\~ "' ;;; ;;; ;;; "' ;;; ;;; I'" - N ~ ~ \, '" 8 8 ~ 8 ~ 8 ~ m '" N i8 N '" ~ '" N ;;; N ~ N N ;; ~ M '" ~ ~ N ~ ~ ~ ~ ~ O:iC1l~Z ~'" i- I- '" '" <000 '.. 0: ~ ~?'~~~~al 1-'" ,,'" '" "", :t o:N OZ a. Z _M o;lZMO "'~ 0: ()~ "' 0 I- 00 l- >- . ~ "It ~~ 0 I- ::> -0...J0 Q. ",0 Z F ~...JUJ""(")S:o Z I-~ I 0 is 0 oc::~w...,. "-I- 0'" "'N 0_ '-" F N" ~O~::d:s:~;;; F~ "0> ~~ W 0 iSZ 0- '::;0 I is '" OOUriCl- ,.... . 0i5i 01- ~ 0 "' (l)S:~'<t~""~ 00 O~ '" 0 0: Clcn oo""':Z..- "'N,-" ~~ i:~(/) I- 0 '-" ~u..Wf..."""f.,:S: ;;lb~ '" "' 0 W OOf... " W ~~ '-"'" ~O(9"'Z0 I~O ~I- 0: Z w.,..: "_...,.Cl ~o: ",0'" Z 0 "'- :'i::' Cf) OlO,........W 1-0:1- 0'" ~W- > Z ",N ~COOl>-c:is:l$ ~8N Io. 0: 01- ='0 d~m~ClCO NZ o"'~ m ~ ~O >~ ;~~ 0>0 j;::S~ ",,,, -~ ",m 7 ~ i'-iC(.l.$: ~~. J:E - - l- N'" N'" ~zz ~b I r!~ ~~ T"""<.:lcqloc>CJ)~ "'" ",0 ~~f... ~M ;::w~'<l:w<X)....: O~ NO 11; ~~ MlD....OOO(J)l,O 0", -'" _"'W Nm NO. 0 0: I- Z I- 0 ~ W W "' !:l 0: C I- W " W 0 "' 0: ~ . '" W '-" I "' "0 "' '-" W 0: '" 0 ~ Z 0 W Z ~~ Z Z 0: 0 ~ Z ~ ~ 0 ~ ::> 0 ~ OI '" m ~o I m 00 Z m ::l~ '" W '" '" ~ '" ;;; N ~ 0 ~ N 0 ::l", ~ ~ 00 00 N ~ '" :i1 '" ~ "' '" 0 0 N ~ 0: W I- W " Z W N 0 0: ~ ~ m W 0 .1 ~ '" 0 Z W '" 0 0 <0 01 Iii ;;; N ~ 0 '" ~ Z 0 F is 0 '" 0 i'iN U>'" ~~ ~m ';'''' >1- ",0 o:~ WN m;o ~~ N"' -z 80 I- "' 0: 0 Z 0: ~ 0 '-" "' 00 N ~ ~ '" 0 '" ,; ~ "' '" 8 " 0 0: W Iii " Z W N 0 0: ~ 0 ~ W '" I 0 " ui " W W ~ 8 <0 ;;; " N ;;; 0> 0 0 :ri '" ~ ~ ~~ :'il- ::::!z >::> "'- Ww 0:", 1-", ZI DO. ""' 0:" 0::> "2' ~~ '0'-" '-"0,-" <hZo ;Sal ~ a. > W ~ Z '" 0 " " :< . . ! "0 :i! !l e D- v 1; '" . ~ . "- .. . u " > .5 . u 1: . "' 1; ~ . 0 0 3 1: . "' 1; .'!l . c !! . " c ~ . u ~ 1: Q . Q "' N . C , ~ " . . . . . .l! . ~ m 0 c ~ ~ . . l' . 0. 2 e "- 0. . , !i li . 1! .. ~ '" E , z .. ~ . 0. c o " "C U . .!i ;l; ~ '" ~ oi ro "' '" 0 0 ;;: ;;: ~ ~ 0 " W " ;: 0 z "' " ~ ;S ,,; "' :5 z ~ 8 g '" '" '" ;;; 8 '" 0 N '" ~ Ii' cE z 0 >= C5 C <c ~ ~ :E Ii' => 0 0 ",,,, ~~ ~ ~ J,ti "'~ ill", >- "' "- :E "' c z W 0' "- ill ~ N , '" N \ ;; 0 0 0 N '" m m '" ill v '" '" :;: 0; 0; 0; 0; ~ ~ I~ N N 0 0 \ 28 8 0 8 '" 8 v ro ro N 0 gj .oM ~ oi Iii ~/ ;:: N ~;!; 0 ;;; ;;; ;;; ;;; "' "' .-'"' "' '" '" :g'" '" '" '" r '" 8 8 08 8 8 8 8 ~ ;;: ~~ ~ ~ ~ " m " ro ro ,; / "- V " " "" => " z :;: ~ ~~ ;jj ~ ~ ~ "- ~ ~ W W ww ~ W " " "" 0 " 0 0 '" '" "'''' ~ '" ~ " " ~ ~ ~~ ~ / W W ~ ~ ~~ " ~ " " W W ;: ;: "- 0. W W ww 0 W 0 0 0 0 0 00 " 0 " z z W W w(j) "- W 0. "' "' z / 0 "' z '" z z " <c <c 00 I "' ;:j 0 "' => \ " "' ;:W " W"' <c " " ,,=> ~ I Z Z 0 W ",0 i 0 'j W iii 0 ~I '" 0' " z W <c " " ~ 00 0 Z 0 ~ >- [IV ci -' ;l ,,; Z ui <c=> W ~ Z ui W " 00. " <c W 0 '" "' 0 0 Z 0 00 => z W " '" "l 0 ~z ;l W => >- " " 0 '" ~ "' "' 8 8 iil" 8 '\ 8 0 8 8 0 0 0 0 g ~ 0 0 0 ~ y ~ ro N ~ m_ ro N ro N_ .; ,; '" ,..: ui N ~ ;:: ro v ro v N ;;; "' ;;; N "' "' "' "' \ ~V N 8 ro 1\ m 8 0 ~ ~ 8 ~ N ~ '" '" ~ 0 i!l ~ 0; ;l; N '" '" 0 0 ~ ~ ~ 0 ~ ~ Ii' >- " '" z ~ cE <c >- 0 "- "- '3 z 0 z z 0 Q~ !\ z z 0 0 z >= 0 0 >= >= 0 C5 ~~ w ~Cl) C5 C5 >= 0 z'" :> >., 0 0 i5~ <c ;:~ C5 C5~ <c <c '" ~ ~ o~ "' 0>- => ",", <c", ~ >-0 =>>- ~- ~ ~ "' :f~ :E >-~ :E ~~ w ",0 ~>- <C,- <c "'~ Ii'~ >- ",0 >- Z", ON ,,0 " " (jZ =>;: => Z~ ffiN W Z'" 00 OX 0 0", 0'"- "' ~~ ",N OW O~ >-- m", 00 ;: "0 roro ~~ ~ Z ro-' ~'" ~. <c>- -- ~v :l: ., ~'" .b'" 1 OV NN Xti ~.~ ~~ J,>- '" '" ;l;W ..\"' ",0 N~ ~ '" ~b ill~ N !;;<c ro>- ill; ill:: ~ -' 8-, N <1'3 '" NO '" N"- Z >- >- -' "' "' '" 0. >- ~ Z >- W W :E "' "' W 0 W Z " Ii' " " "' 0 >- => "' 0 !;; 0 ;; '" :5 z " W W 0 '" " Z '-" -' W 0 -' !::: "' 0' '" a ::J ~ ::J ::J "- " "' 0 :J " ro <c "' "' z 0 '" '" ~ ~ N ;; '" ill N '" '" :; '" ,. N ~ 0 '" ~ 8 '" 0 ;;; '" 0 0 N " ,; ~ ~ 0 " W " ;: 0 z "' "' <c " 0 I >- Z 0 "' " W 0 Z <c 0 0 0 N '" ri '" "' ~ ~ '" 0; 0 >- 0 -' ~ "' z 0 >= 0'" 00< <c~ ",'" w~ '-">- ~g ~~ "'z ~::l N ~ >- "' " W >- "' '" W ;: i\l .. ~ ~ N '" 0 '" iil N "' '" 8 N ~ ~ " ~ W " '" -' ~ W 0 W <c 0 " <c I 0 0' Z " => '" 0 0 ~ 8 ~- ;;; ~ '" ~ >- " <c "- z Q~ co< 0-' 0'" <c'" >->- ",0 W~ "0 Oz ~Q 021 >-> ryiS ~'" ~~ ro N.-' W > <c W z >- ~ ~ N v N -' . ~ " ::i! . 2 0. ~ '0 ~ . l;l' "- .. m M . ~ U g .5 B ~ '!:~ .;1; III 1; 1;; 0 0 ~ B 8 ~~ ~ :: ~ ~ 0 t.l c 'l! ;;' . > uO c" ~ W . '" .!! " 8 ~o . Z ~ III III . C , : u . . . . . ~ III ::! " !f ~ r- ~:1' Z 8.a n .8 ~ g > N i :;:f . ~ i!!~ "- '" " M 11 8 E ~ :i ~ - 0 ~ ~ ~ . lD ~ . . c 8. e "- 0 ~ ~ ~ M ~ ~ 0 ~ N 0 '" 0 ~ ;I; M 8 a: N .. ~ '" ~ :; 8 o ;I; 8 N ~ '" ;;' "- w '" w ~ w ::; u 0 ~ " w w '" III 0 '" W ~j W " ~;) '" ~ w '" :J :5 " 0 0 ~ << Z 0 '" ~ :J W " ~ 0 8 r- ~ 8 N ~ g ri ~ '" ~ 0 ;;; ~ ri ;;; ~ ;;; @ 8 8 '" N M ~ :\ ;! ;;; :; ~ N ~ ~ !:i Z~" 0 " " 00::'- 0 "' !Q()~ ~ ~ r- 2:"...:-z r- 0 r- 0 ~ Or- - u ~ r-'" ~o; w ~ :J~ "- or- (J)...J<ri III c~g '"'"~ 0 u wow '" ~ ~u - "- oU :::!w&l r- " <<0 "z_ ZM Q -c ,,~ ...JLL..(I)<.!> :J~ r- ~ QO ~~o~ 0- III ",0 "r- :Ii ~~ (,)b(l)O MO ~~ "1 - ,~ -coD:::t- ~M "_Ill ~:E~"'" ~:; ~ a ~ tt1o...J~ ~lr C!;c.>~:i8 ill<< N'" ~"- ~~ olD . ~ ~ ~ ~ r- r- ulll III Z W W Z uZ '" 0 5 "''' 0 '" 0 ~ ~ '" W III '" 0 :J e N ~ ~ " 0 ;! "- ~ <; ~ ~ \ \ , \ \~ "- -, '~'